Issues that Affect Immunity in Plea Negotiations

In certain instances, you are protected from further prosecution for things you say in plea negotiations. The Federal Rules of Evidence and state laws are designed to protect you. However, before you enter into any negotiations with prosecutors you need to have a qualified South King County criminal attorney on your case.

The law applies to defendants when they agree to negotiate a plea bargain. Some individuals argue that they were under the impression they were entering into a plea agreement; therefore, they should enjoy this immunity. However, a number of courts have held against this notion, finding that an explicit discussion of a plea agreement must take place for the rule to apply.

The rule does extend beyond the scope of Queen for a Day Agreements, where information you as a defendant provide can be used against you in cross-examination. Provided your statements fall under the protection of this rule of evidence, your statements cannot be used against you. Prosecutors can, however, investigate leads based on your statements and use the evidence they gain against you.

If you are not a defendant, but talk to prosecutors with the hope of avoiding possible charges, the immunity rule might not apply to you. You may be protected if you get the prosecutor to agree that the rule applies. This does not mean, of course, that in order to be protected you need this explicit agreement from the prosecutor.

Your South King County criminal law attorney will advise you never to try to negotiate with prosecutors on your own. If you need an attorney, call the law offices of South King County criminal attorney for a free initial consultation.

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