Types of Immunity

In criminal law, there are two types of immunity. The first is called “use immunity” and the second is called “transaction immunity.” These kinds of immunity provide varying degrees of protection.

In general, transaction immunity is much broader, and therefore far more protective. Generally immunity is offered by a prosecutorA District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr. A District Attorney usually has a staff, including assistant district attorneys who are the actual prosecutors who handle most of the day-to-day caseload. in exchange for something, whether it’s a chance to talk to a witness/suspect or a chance to have that person testify before a grand juryA jury may be either a grand jury or a petit jury. A grand jury is a jury that determines whether there is probable cause to believe the defendant committed a crime. The result is an indictmentAn indictment is a finding by a grand jury that there is probable cause to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury. that sends the case into Superior Court, perhaps for a jury trial. A petit jury or simply a jury is the jury of 12 people who have been selected to hear and render a verdict in a case. or in a courtroom.

Use immunity serves the limited purpose of permitting a person to offer information to police, investigators or prosecutors. It bars the prosecutors from using those statements against the witness/suspect in the future. The idea is that by cooperating, someone can get either a better pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. offer or a reduction in sentence, and that such statements will not be used against the witnesses, except to impeach that person’s testimony should that person ever change his or her statements.

Transaction immunity serves the broader purpose of protecting the person against any criminal liability arising out of that transaction. So, for instance, if the person is testifying about what he saw, and it later comes to pass that the person was actually involved in the commission of the crime, transaction immunity would protect that person from criminal liability.

It’s important to remember that the state of North Carolina is not in a position to grant transaction immunity on behalf of the federal government, and the federal government is not in a position to grant transaction immunity on behalf of the state of North Carolina.

What that means is that if you are granted transaction immunity by the state of North Carolina, that would not prevent the United States Government from prosecuting you.

Nonetheless, transaction and use immunity are two ways of protecting oneself from criminal liability if one wants to cooperate with investigators.

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Raleigh criminal lawyer Damon Chetson defends people charged with felonies, misdemeanors, traffic and DWI charges in Raleigh, Cary, Apex, and Wake County, NC. Durham Criminal Lawyer Damon Chetson also represents people charged in Wake County, Durham County, Orange County and Chatham County. The Chetson Firm is available day or night, weekdays or weekends. Call day or night for a free consultation (919) 352-9411.