Pocket immunity refers to an informal type of immunity granted by prosecutors to a potential witness. This immunity is based on assurances, either spoken or written, that the witness will not face prosecution for their testimony. Unlike formal immunity agreements, pocket immunity is established outside of court supervision and is considered a promise made by the prosecutor.
Pocket immunity is primarily used in criminal law, particularly during investigations where a witness's testimony may be crucial for gathering evidence. This form of immunity allows witnesses to provide information without the fear of self-incrimination. Users can manage related legal processes by utilizing templates available through US Legal Forms, which can help in drafting agreements or understanding procedures related to immunity.
Here are a couple of examples of abatement:
Example 1: A witness in a drug trafficking case receives a verbal assurance from the prosecutor that they will not be prosecuted for their involvement in the case if they testify against the main suspect. This assurance constitutes pocket immunity.
(Hypothetical example) Example 2: A person who has information about a robbery is promised by the prosecutor that they will not face charges if they come forward with their testimony. This promise is an example of pocket immunity.
Examples of state differences (not exhaustive):
| State | Pocket Immunity Recognition |
|---|---|
| California | Recognized, but must be documented to be enforceable. |
| New York | Commonly used, but limited to specific circumstances. |
| Texas | Not formally recognized; relies on formal immunity agreements. |
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Pocket Immunity | Informal immunity based on prosecutor's promise. | Not formally documented; lacks court supervision. |
| Transactional Immunity | Protection against prosecution for all offenses related to testimony. | Formal agreement; broader protection. |
| Use Immunity | Protection against using testimony in prosecution. | Limited to preventing use of testimony; does not prevent prosecution for other offenses. |
If you believe pocket immunity applies to your situation, consider the following steps:
Pocket immunity is an informal assurance from a prosecutor that a witness will not face prosecution for their testimony.
