By: Daniel Perlman
An investigation is the first step in the federal criminal justice process before any arrests are made. If a criminal offense is brought to the attention of federal authorities by a victim, a witness, or a third party, the government will conduct an investigation into the alleged criminal act.
The purpose of a federal investigation is to determine whether a federal offense has been committed and if it has, discover who is responsible for the crime and any evidence pertaining to the crime. Federal investigations can be aggressive, intensive and may involve multiple federal agencies, such as the FBI, DEA, IRS, and ICE.
If you believe you may be under investigation for suspected criminal activity or are involved in a federal investigation in some other capacity, the best way to protect your rights is to hire a knowledgeable, trial-tested criminal defense attorney with experience in federal court.
Contact Federal Criminal Defense Pro today to schedule a free initial consultation with our team of federal crime lawyers.
You should do certain things as soon as possible if you are involved in a federal criminal investigation, such as ensuring that your rights are adequately protected and avoiding making any grievous mistakes that could end up hurting your case down the road.
The following are the steps you should take right away after discovering that you are involved in a federal investigation:
Protect your rights when you learn about a federal law enforcement agency investigation. You could be arrested or indicted if you are the target of a federal criminal investigation process. The faster you hire a defense lawyer, the sooner they can start building a strong defense for you.
In our experience, people with a defense attorney usually get better outcomes than those without one. Even if you are innocent, having a skilled lawyer by your side ensures your rights are protected during the federal criminal investigation process. If criminal charges are filed, your attorney will guide and defend you at every step of your case.
When you are involved in a federal investigation, you should remember that you have rights. With legal guidance from a knowledgeable defense attorney, you can ensure that you understand these rights and what they mean for your case.
For instance, your attorney can determine whether you may have violated federal law and advise you as to whether you should assert your Fifth Amendment right, which provides protection against self-incrimination.
If federal agents show up at your home or office, you must know whether you are legally required to let them enter and question you.
Your defense attorney can only adequately represent you if he or she knows every crucial detail of your case. A good defense attorney will conduct a thorough investigation of their own. Still, there are certain facts you will need to provide so your attorney can determine the best course of action for your specific situation.
Any statements you make to your attorney are privileged and confidential, so you should feel comfortable freely discussing the matter with your attorney.
Three distinct classifications exist for individuals involved in a federal investigation: witness, subject, and target.
If you are a witness, the government may have reason to believe you have information about a crime that someone else committed.
If you are a target, you are a person the government believes has committed a crime.
If you are a subject, you aren't necessarily the main target of the investigation, but the government likely believes you may have done something wrong.
Keep in mind that your status can change as a federal investigation progresses. As the government collects evidence related to the criminal allegations, you could potentially be upgraded from a subject to a target.
You might feel that talking to authorities and cooperating is right, especially if you believe you did nothing wrong. This can sometimes show the federal government that you are not guilty.
However, even innocent people can make mistakes when speaking during federal criminal investigations. These mistakes might lead to more problems.
Since the stakes are high, it is critical to talk to an attorney first. Your lawyer can guide you on whether meeting with federal prosecutors or agents is wise. If it is, they will help set clear rules for the meeting and protect your rights.
If you speak to a federal agent before retaining an attorney, you should be able to tell your attorney exactly what was said by both sides during the conversation. The best way to do this is to write it down in a memo intended for your attorney.
At the start of the memo, explain that the following notes are for your attorney's review and write at the top of each page of the memo “Attorney-Client Privilege.” Include every detail you can think of and add to the memo as you recall additional notes.
If there are any physical or electronic documents you believe may be pertinent to the government's investigation, make copies of the documents and/or computer hard drive to discuss with your attorney.
Part of your defense attorney's job is determining how the federal investigation began. Filing a criminal report triggers some investigations, while others result from leads government agents receive from defendants in other criminal cases. Others are based on information gathered by the FBI, CIA, or another federal agency.
You hired your defense attorney because you needed someone on your side with skill and experience navigating the complexities of the federal criminal justice system, so let your attorney do his job. Provide as much information and details as you possibly can, but avoid micromanaging your case.
Equally important to knowing what actions to take during a federal criminal investigation is understanding what actions to avoid.
If you talk to anyone other than your lawyer about the investigation, you risk those people being questioned by the federal authorities or subpoenaed by the grand jury, in which case whatever you told them could end up being used against you.
You could even face obstruction of justice or witness tampering charges if the things you said can be twisted around to make it seem like you were attempting to influence the investigation.
If you are considering speaking to someone about the investigation, consult your attorney first.
Speaking with federal law enforcement agents is risky. They may try to get you to make mistakes during the interview. Even small errors could be seen as lies or admissions of guilt. This is why you should have legal help.
If the federal government asks to interview you, your best move is to tell them you have an attorney or are getting one. Do not agree to talk without your lawyer's advice.
Talking to federal prosecutors or agents is like testifying in court. Having your attorney with you can help prevent any misunderstandings, mistakes, or accidental misstatements. This is key to protecting your rights under federal criminal law.
You can take other actions that could result in witness tampering or obstruction of justice charges. Under 18 U.S.C § 1510,
Whoever willfully endeavors by means of bribery to obstruct, delay, or prevent the communication of information relating to a violation of any criminal statute of the United States by any person to a criminal investigator shall be fined under this title, or imprisoned not more than five years, or both.
If you do talk to the federal authorities or you are subpoenaed to testify before a grand jury, you should always tell the truth. Lying to federal agents is a separate crime under 18 U.S.C. § 1001, and you can be prosecuted for this crime whether you were under oath at the time of the lie or not.
Destroying documents pertaining to a federal investigation is a crime, and you could end up facing additional charges under 18 U.S.C. § 1519 if you alter or destroy documents, records, or other evidence.
If you attempt to delete or modify files on your computer and your computer is confiscated as part of the investigation, the government will likely discover what you did and treat it as evidence of your guilt.
Even if you believe you have done nothing wrong, you can't assume that the government will see things your way. A federal investigation doesn't always turn out the way you would expect.
If you are in any way involved in such an investigation, you should respect the power and authority of the federal government and be aware that just because you are innocent of the crime in question doesn't necessarily mean you are safe from prosecution.
We mentioned earlier that your status in a federal investigation can turn on a dime. Just because you are a witness today, seemingly free from suspicion, doesn't mean you can't be considered a subject or even a target tomorrow.
The main goal of a federal investigation is to get to the bottom of a suspected crime, and if the evidence points in your direction, the federal authorities will follow. This is the main reason we encourage anyone involved in a federal investigation to retain legal counsel.
Federal criminal offenses are punished far more severely than comparable state crimes. If your involvement in a federal investigation leads to charges being filed in federal court, you could face devastating potential penalties, possibly including a lengthy prison sentence, considerable fines, and other life-changing consequences. Hiring an attorney to protect yourself against potential federal criminal charges is worth it.
In the United States, both the state and the federal government can prosecute crimes. The federal system has its own laws, law enforcement agencies, and court rules. Federal law enforcement agents work under specific guidelines to investigate and bring cases to court.
Whether a federal crime is prosecuted often depends on the results of the investigation. This makes having legal help during this process very important. Your freedom could be at stake if you are part of a federal law enforcement agency's investigation — whether as a main target or just a subject.
The government is rarely lenient with federal crimes, especially those involving serious charges like white-collar crimes, drug crimes, violent crimes, sex crimes, or internet crimes.
In any federal crime investigation, the stakes are very high. You should not risk your future. Speak with our federal criminal defense lawyer at Federal Criminal Defense Pro. We are here to protect your rights every step of the way.
Daniel R. Perlman, the founding attorney at Perlman Defense Federal Criminal Lawyers, leverages his extensive background as a former prosecutor to provide superior defense strategies for clients across federal courtrooms. Earning his Juris Doctor from the Catholic University of America's Columbus School of Law, he first honed his legal skills with the Maryland State’s Attorney’s Office.
This diverse experience enables him to advocate effectively, understanding prosecution tactics intimately, which he expertly counters in defense of his clients. With a profound commitment to justice, Daniel leads his team in tackling complex federal cases, from white-collar crimes to violent offenses, ensuring the highest level of defense through every phase of the criminal process.
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