Witness immunity from prosecution by turning state’s evidence, otherwise known as flipping
Flipping means the defendant has chosen to produce incriminating evidence to the state in exchange for having their own charges reduced or dismissed.
In criminal law, a person who would otherwise be guilty of a crime is granted immunity from all prosecution and penalties arising from the offense.
Conditional Immunity
The prosecution often grants conditional immunity during the initial negotiation phase with the witness. This means the government can revoke its offer of immunity if the witness is not truthful with the prosecution or does not disclose everything the witness knows about the crime and the individuals associated with it.
This usually includes producing details of every person who conspired, organized, and participated in the crime, including all accessories before and after the crime was committed. Immunity is revoked if learned the witness has held back material information, no matter who that information might have implicated.
Protective Custody And Witness Protection Program
By flipping, especially when it involves organized crime, the witness puts himself and his family in mortal danger. In these kinds of immunity cases, the government sometimes offers to place the whole family in protective custody before and during the trial.
