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What does it mean to have immunity in a criminal case?

On Behalf of | Oct 20, 2024 | Criminal Defense

There are situations where a prosecutor is willing to offer some version of immunity to someone who has evidence they need in a criminal case in order to encourage their cooperation and – more than likely – their testimony in court. Immunity is designed to protect a witness from the legal repercussions of whatever they disclose.

There are two primary types of immunity. Understanding the differences is crucial.

Transactional immunity is the broadest

This is what most people think of when they hear the term “immunity,” because it’s the most far-reaching form of immunity someone can receive. If you are offered transactional immunity in a case, you cannot be prosecuted for any criminal activities that you disclose, even if you directly reveal illegal activity of your own. However, these offenses must be covered by your agreement. Note that it does not apply to unrelated charges.

Use immunity is much more limited

Use immunity is narrower, by far, than transactional immunity. In essence, if you are offered use immunity, the government agrees that your testimony – or anything derived from it – cannot be used against you in the future. However, the authorities can still prosecute you for any crime that your testimony relates to if they can obtain independent evidence that is enough to charge you.

How would this work? Imagine that you testify about money laundering against your boss. If you’re offered transactional immunity, it doesn’t matter how “deep” you were in the situation and what you did. You won’t be prosecuted for your role. If you’re offered use immunity, however, your testimony cannot be used against you. However, you could still be prosecuted based on bank records and other evidence that the prosecutor has in their possession.

When you’re offered a deal that involves immunity for the information you have, it’s critical to get experienced legal guidance before you accept.