What if a Federal Prosecutor Offers You Immunity?

 Posted on April 08, 2025 in Uncategorized

Immunity is a powerful tool that is often wielded by federal prosecutors, particularly for white-collar crimes. While an offer of immunity can feel like a lifeline, allowing you to largely escape penalties for a white-collar crime, it is not an ironclad guarantee. If you do not have a full understanding of an offer of immunity, you could find yourself with a deal you did not expect.

It is virtually never a good idea to attempt to negotiate an offer of immunity on your own without a knowledgeable federal defense attorney. You could inadvertently reveal information that could negate the deal and harm your original case. Immunity agreements can benefit significantly from having an experienced Dallas, TX federal defense lawyer.

How Does Federal Immunity Work?

Immunity is an agreement reached between a federal prosecutor and your attorney after you have been accused of a crime. The prosecutor agrees not to prosecute you for specific offenses in return for testimony or information against another person or persons who have committed a crime. The federal government is typically focused on targeting the "bigger fish," so if your crime is lower-level but you can help the government apprehend a higher-level criminal, you may be offered some level of immunity.  

In short, your cooperation helps build a stronger case against more significant targets. Immunity does not always equal a free pass. Even with an immunity deal in place, you may still face additional charges beyond the original ones. The federal government is not above structuring an immunity deal with deliberate loopholes built in. This is why an experienced federal criminal attorney should always negotiate an offer of immunity.

What Are the Different Types of Federal Immunity Agreements?

There are basically three types of federal immunity agreements, including:

• A proffer letter of immunity is a written agreement stating that you will disclose all the details about your own crime to the federal prosecutor, and those details will not be used against you.
• An agreement between the government and you that states the information you give the federal prosecutor will not be used to look for further incriminating evidence against you or to prosecute you for any of your current criminal offenses.
• The strongest immunity agreement is when a federal judge orders your testimony, but whatever you say in court cannot be used against you, either directly or indirectly.

The immunity you are offered could be full or partial immunity. Partial immunity is sometimes known as use and derivative use immunity and is limited in its scope. While it will protect you from any testimony you give being used against you, it does not protect you from a prosecutor who decides to file charges against you for other crimes that might be directly or indirectly related to the original charges.

Full immunity is sometimes called transactional immunity. Full immunity provides you with complete protection from prosecution for one specific offense or specific offenses. Regardless of any evidence found later that might have led to a stronger case against you for those offenses, you cannot be charged or prosecuted.

What You Should Do if You Are Offered Federal Immunity

You should immediately retain legal counsel from an attorney who has a wide range of experience with federal criminal cases. This ensures you will receive the best possible terms. Your attorney will explain the scope of the offer as well as whether it has conditions or exceptions.

Remember that an immunity agreement does not mean you are completely off the hook, legally speaking. It can only protect you against federal prosecution for the specific crimes detailed in the immunity agreement. Your attorney will ensure your immunity agreement is in writing and contains everything it should for your protection.

Contact a Dallas, TX Federal Crimes Attorney

If you have been charged with a federal white-collar crime, it is important to immediately speak with a skilled Dallas, TX federal crimes lawyer from Spencer & Associates. Our firm has successfully handled some very high-profile fraud and other criminal defense cases and is always willing to aggressively fight for your freedom in court. To schedule your free consultation, call 214-385-8500.