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  • Proffer Shawn Hopkins

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    WXYZ-TV Channel 7 Detroit
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    Oakland County Prosecutor's Office releases proffer agreement for witness Shawn Hopkins in the trials for James and Jennifer Crumbley.

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    Oakland County Prosecutor's Office releases proffer agreement for witness Shawn Hopkins in the trials for James and Jennifer Crumbley.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    9K views4 pages

    Proffer Shawn Hopkins

    Uploaded by

    WXYZ-TV Channel 7 Detroit
    Oakland County Prosecutor's Office releases proffer agreement for witness Shawn Hopkins in the trials for James and Jennifer Crumbley.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    of 4

    deciding how to resolve this investigation as it relates to your client and any

    charges pending against your client being prosecuted by this office.

    (3) No promises of favorable consideration. Your client is not entitled to any


    consideration regarding pending or possible charges or sentence
    recommendations by the government just because your client participates in a
    proffer session. Such consideration, if any, will be unilaterally determined by the
    government only after your client's proffer is evaluated. The government makes
    no representation about the likelihood that any additional agreement will be
    reached as a result of the proffer.

    (4) Inapplicability of rules pertaining to plea discussions. Any use of the


    statements and information provided at a proffer session is governed by the
    terms of this letter, and not Michigan Court Rule 6.302 or Michigan Rule of
    Evidence 410 (pertaining to plea discussions).

    (5) Obligation to tell the truth. Your client agrees that any information provided
    by your client will be truthful and complete. This means, for example, that your
    client may not provide false facts or omit facts about crimes, other participants,
    or his or her knowledge of or involvement in offenses, and must volunteer all
    information that is reasonably related to these subjects. Your client must be
    completely truthful about the facts, whatever those may be.

    (6) Restrictions on use of proffer statements.

    (a) To prove guilt. Except as otherwise specified in this agreement, this office
    will not offer any proffer statement made by you or your client in this office's
    case-in-chief in any criminal prosecution of your client.

    (b) At sentencing. Except as otherwise specified in this letter, if your client is


    convicted, this office will not use your client's proffer statements as direct
    evidence in support of any increase to the applicable offense level under the
    State of Michigan Sentencing Guidelines or in support of any upward
    deviation from the applicable guideline range. But this office retains the right
    to otherwise use your client's proffer statements at sentencing. And this office
    may also use for sentencing purposes all information previously known to the
    government, and all information obtained or discoverable through another
    source.

    (7) Permissible uses of proffer statements.

    (a) Cross-examination and rebuttal of inconsistencies. This office may use


    your client's proffer statements in any proceeding to cross-examine your
    client. This office may use your client's proffer statements to counter any
    evidence, assertion of facts or theories, or argument offered by or on behalf of
    your client at any trial, sentencing or other legal proceeding that is
    Page 2 of 4

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