Orlando criminal defense lawyer and television legal analyst Jose Rivas was interviewed by Fox 35 News to explain how a proffer agreement in criminal cases and other advanced strategies can change the outcome of serious prosecutions. One of the core questions he addressed was this: What is a proffer agreement in criminal cases, and does it really protect you from being charged? A proffer agreement is a written contract that lets a suspect or witness share information with prosecutors under limited protection so their statements are not used directly against them at trial, but those statements can still lead investigators to other evidence and be used to challenge them if they later change their story.
During the segment, Rivas used two high-profile cases to make these ideas clear. He broke down the extreme emotional disturbance defense being raised in the New York murder trial of Luigi Mangione and then shifted to a separate case involving Tyler Robinson, where prosecutors granted immunity to a key witness as part of a cooperation deal. Through both examples, he showed how legal strategy, long before trial, can decide whether someone faces life in prison, a reduced sentence, or a more favorable outcome.
Extreme Emotional Disturbance Defense and Murder Cases
Rivas began by explaining how the extreme emotional disturbance defense is being used in the Mangione case, where the defendant is accused of killing UnitedHealthcare CEO Brian Thompson in New York. Under New York law, extreme emotional disturbance is an affirmative defense in homicide cases that, if accepted by the jury, does not erase responsibility but reduces a murder charge to manslaughter and lowers the possible jail time. Rivas said this distinction matters because it can mean the difference between a life sentence and a maximum term of years instead.
Rivas made a point of correcting a common misconception early in the interview. “Make very clear — this is not an insanity defense,” Rivas said. “This is an affirmative defense.” With extreme emotional disturbance, the defendant is still convicted and still goes to prison, but the conviction is for manslaughter rather than murder, and the sentencing range is shorter. Rivas explained that this is why the defense can be so important in a homicide case even though it does not end in a full acquittal.
To raise the extreme emotional disturbance defense, the defendant must show that they were under an intense emotional state at the time of the killing and that there is a reasonable explanation for that state when viewed from their own perspective. The official New York Criminal Jury Instructions on extreme emotional disturbance explain that jurors are asked to decide whether the defendant experienced a profound loss of self-control and whether there was a reasonable explanation for that disturbance based on the defendant’s situation at the time. A separate jury instruction for homicide cases involving EED confirms that when the defense succeeds, the crime is reduced from murder to manslaughter rather than erased.
Expert witnesses often play a central role in these trials. Rivas said, “It’s going to be a battle of experts,” because the defense will usually present mental health professionals to describe the defendant’s emotional condition, while prosecutors will try to show planning or premeditation. If there is evidence that the defendant bought a weapon ahead of time, searched for the victim’s location, or otherwise prepared, the state will argue that those steps show control and intent rather than a sudden loss of self-control. Each piece of planning evidence can weaken the claim of extreme emotional disturbance.
Florida does not recognize extreme emotional disturbance in the same way New York does, but the state does provide other tools when a defendant’s mental state is important. Some defendants may pursue traditional insanity defenses or use mental health evidence as mitigation at sentencing. Others may be candidates for specialized dockets such as the Mental Health Courts described on the firm’s page about mental health courts in Florida, which can emphasize treatment and structured supervision rather than only punishment. An Orlando murder defense lawyer must know how these options work to build the right strategy for each case.
Proffer Agreement in Criminal Cases and Use Immunity
The interview then shifted to the second case, involving Tyler Robinson, who is accused of shooting public figure Charlie Kirk. In that case, prosecutors offered a form of use immunity to Robinson’s roommate and alleged lover, and Rivas used the example to explain what happens during a proffer agreement in criminal cases. Before formal immunity is granted, there is usually a proffer session, which Rivas described as a meeting where the witness “pretty much tells everything” to the prosecution under the protection of a written agreement.
A proffer agreement in criminal cases is a contract between a person under investigation and prosecutors. The Legal Information Institute’s entry on proffer describes it as an arrangement where a person offers information or testimony under defined terms, often in exchange for limited protection. In criminal practice, a “Queen for a Day” letter typically promises that the person’s statements will not be used directly against them in the government’s case-in-chief, while still allowing prosecutors to follow up on leads and use the statements later if the person testifies differently.
Rivas explained that formal use immunity goes further than a standard proffer agreement. Once a witness receives use immunity, their testimony cannot be used to prosecute them, as long as they tell the truth and comply with the agreement. Legal resources discussing federal immunity procedures note that the government can still prosecute if it can prove its case using entirely independent evidence. In the Robinson case, the roommate’s use immunity signaled that prosecutors saw a real risk he could be charged; otherwise, they would not need to protect him. “It would tell me that if there was no risk of him being charged, they wouldn’t need immunity,” Rivas said. “You don’t need immunity if you have nothing to risk.”
These agreements are powerful tools for the state. When prosecutors offer a proffer agreement in criminal cases, they are typically seeking information they cannot get any other way, such as firsthand descriptions of a shooting, communication between co-defendants, or access to documents and recordings. In return, the person who signs the agreement may hope to avoid charges, secure a plea deal with reduced jail time, or protect themselves from the worst possible sentence. Commentators warn that if the person lies, omits important facts, or violates the agreement, the protections can vanish and their statements may end up being used against them after all.
Because of these risks, anyone offered a proffer or immunity deal should speak with a criminal defense lawyer in Orlando before saying a single word. A lawyer can explain what the agreement actually protects, how it might affect plea negotiations, and whether it is better to cooperate, hold back, or seek a different arrangement. For clients facing federal investigations, it may also be important to understand how federal sentencing guidelines and cooperation credits interact with proffer sessions and use immunity. Because these choices can affect your exposure to jail time, fines, and long-term supervision, it is important to work with a criminal defense lawyer in Orlando who has experience handling federal crimes as well as serious state charges.
Why You Need a Lawyer for Proffer Agreement Cases
Both the Mangione and Robinson cases show how much strategy goes into a criminal defense before any jury is seated. Choosing whether to pursue an extreme emotional disturbance–style argument, deciding whether to enter into a proffer agreement in criminal cases, or weighing an offer of use immunity are decisions that can change your entire future. A criminal defense team in Central Florida with a track record of success can help you evaluate these choices with a clear view of the risks and potential rewards, including the impact on jail time, fines, and long-term consequences.
If you are charged with a crime, you should not try to interpret a proffer letter or immunity offer on your own. A criminal defense lawyer in Orlando can review the evidence, assess what prosecutors are trying to build, and negotiate with the state attorney’s office to protect your rights. For people facing homicide allegations, it is important to work with an Orlando murder defense lawyer who understands Florida’s murder charges laws, including how self-defense, stand-your-ground, and other defenses can affect potential penalties. The goal is always to pursue the most favorable outcome possible in criminal court.
For those facing homicide charges, an Orlando murder defense lawyer can also advise on which defenses and mitigation strategies make sense based on the facts. That might include self-defense, stand-your-ground, or other Florida-specific defenses, as well as presenting mental health history in the right way to the court and, where appropriate, exploring specialized dockets such as mental health courts. The key is to involve an experienced lawyer early, while there is still time to shape the investigation, plea discussions, and any cooperation agreements.
If you or someone you love is facing a murder charge, a federal investigation, or a cooperation offer involving a proffer agreement in criminal cases, do not wait to get legal help. The difference between a limited use immunity agreement and full immunity, or between a murder conviction and a reduced charge, can mean decades of your life. Call 407‑644‑2466 to speak with an Orlando criminal defense attorney at the Rivas Law Firm, P.A.
Orlando Criminal Defense Attorney Jose Rivas is a veteran bilingual TV Legal Analyst who has appeared on Univision, Fox News, Telemundo, and many other news outlets. He is highly rated on professional platforms, maintaining a 4.9/5.0 rating on Avvo based on dozens of client reviews.
Frequently Asked Questions
What is the difference between an insanity defense and the extreme emotional disturbance defense?
An insanity defense, if successful, results in a full acquittal — the defendant is not convicted and does not go to prison. The extreme emotional disturbance defense is a partial defense that reduces a murder charge to manslaughter if the jury accepts it. The defendant is still convicted and still goes to prison, just for fewer years.
What is a proffer agreement and does it protect me from being charged?
A proffer agreement lets a witness or defendant share information with prosecutors without those specific statements being used as direct evidence against them at trial. It is not full immunity — prosecutors can still follow investigative leads generated by what you say and use your statements to challenge your credibility if you later testify differently. Always speak with a criminal defense attorney before entering a proffer session.
Do I need an Orlando criminal defense lawyer if a prosecutor offers me immunity?
Yes, and you should consult one before accepting or rejecting any offer. Immunity agreements come with strict conditions — if you breach them or fail to tell the complete truth, the protection can be lost entirely. An Orlando criminal defense lawyer can review the exact terms, explain what protection you actually have, and advise whether cooperating is the right strategy for your situation.