When a prosecutor offers you immunity, they’re basically cutting a deal that says, “Look, we know that you don’t want to testify because you’re worried about incriminating yourself in this crime or another one. However, if you tell the court what you know, we promise we won’t use what you say against you later.”
This is done in a lot of cases where someone was involved in a crime, but they’re not the government’s main target. In other words, prosecutors are often willing to cut a “small fish” a break to get the “big fish” that they want. However, not all immunity deals are the same.
Transactional immunity: You’ve just been handed a “get out of jail free” card
This is the best type of immunity to get, and it is what most people think of when they hear the term “immunity” being thrown around. It means that you are completely protected from prosecution over any crimes that you admit to in your testimony – which is why it is rarely granted. Prosecutors hesitate to give this kind of total immunity to someone unless the payoff is worth it.
Use immunity: You’re safe to talk – but you aren’t off the hook
This is a much more limited form of immunity and means that your testimony (and any evidence derived from it) can’t be used to prosecute you – but you may still be charged with the crimes you discuss based on other evidence that is independently obtained.
For example, if you admit – under use immunity – that you helped your boss participate in Medicare fraud, the prosecutor can’t use your testimony later to convict you. However, if they find a pile of other evidence, such as emails, text messages and documents that show your involvement in the scheme, they’re still free to bring a case against you.
If you’ve been offered immunity for your testimony, the wisest thing you can do is to seek legal guidance. That way, you know exactly how well your interests are protected.