Criminal
Sep. 13, 2021
Beware the risks of proffer agreements
A recent appellate opinion will serve as a stark warning to defense counsel to advise their clients about the risks, and not just the potential benefits, of agreeing to proffer with the government.
Relying heavily on principles of contract law, the 2nd District Court of Appeal in People v. Palacios, 2021 DJDAR 7838 (July, 29, 2021), held that the trial court had properly admitted statements made by a criminal defendant pursuant to a proffer agreement with the prosecution because the defendant failed to meet his burden of establishing that his statements were trut...
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