If you’re under investigation for a federal crime, you could be facing significant consequences. Compared to state-level crimes, federal convictions often carry severe penalties that include longer prison terms, bigger fines, and mandatory sentencing minimums. Since federal agencies spend months or years building their cases before filing charges, it’s critical to understand your rights.
You need an experienced federal defense lawyer
Federal agencies have access to extensive resources for conducting their investigations, which means they’re able to gather more evidence to build their case against you. By the time you know you’re being investigated, federal authorities might already have your financial records, witness statements, surveillance footage, and electronic communications.
Once you’re made aware of the allegations against you, you’ll be brought before a grand jury to determine if there’s probable cause to move forward with filing charges. The bar for probable cause in this case is extremely low. This makes contacting a lawyer urgent.
Federal grand juries determine whether there’s enough evidence to issue an indictment against you. Unlike a trial, grand jury proceedings happen in secret and you aren’t generally allowed to have your lawyer inside with you. However, in some cases you can have your lawyer out in the hall to consult periodically. A lawyer will help you navigate the grand jury proceedings by preparing you for the kinds of questions you’ll be asked, what to say, what not to say, and how to respond to pressure.
You have the right to remain silent
The most important protection you have during any criminal investigation is the right to remain silent under the Fifth Amendment to the U.S. Constitution. Courts understand that people choose not to answer questions for legitimate reasons. Investigators can request an interview, but you can decline questioning or request that all communications go through your attorney. This is the smarter move because anything you say during an interview can be used against you. Exercising your constitutional right doesn’t automatically indicate guilt.
You have the right to a lawyer
Under the Sixth Amendment to the U.S. Constitution, you have the right to a lawyer. However, it’s critical to be represented by a federal defense attorney rather than counsel who only works with state-level cases. Experience in federal court is essential since federal procedures involve complex rules and processes.
Respect valid search warrants and subpoenas
During a federal investigation, there will be requests for documents and other evidence that may come through a search warrant or subpoena. It’s critical not to alter, conceal, or destroy any evidence or you’ll likely face federal obstruction charges in addition to your original charges.
Search warrants need to specify the location to be searched and name the items to be seized. If you’re presented with a search warrant, review it carefully to take note of its limits but don’t attempt to prevent the search or you could end up facing additional charges.
A subpoena is a legal court order for documents or witness testimony. If you ignore a subpoena, you could face further legal problems. If you think anything is being collected illegally, let it happen, document it, and tell your lawyer. If investigators violate your rights while executing a search warrant, your attorney will file a motion to suppress that evidence.
Understand how cooperation and immunity agreements work
If you’re a witness rather than the target of the investigation, you still need to contact a lawyer before providing information. Cooperating without understanding the legal consequences can be a mistake. Immunity isn’t automatic. Prosecutors might offer you immunity under certain circumstances, but you’ll need to have a lawyer look over the agreement to make sure it’s fair.
What to do when you learn you’re under investigation
It can be stressful learning that you’re being investigated, but you need to stay calm and find out what’s happening. Find out what agencies are involved and take note of any formal notices you’ve received. Before responding to anything, contact an attorney for advice.
Don’t discuss your situation with anyone, including friends, family, coworkers, or your social media connections. Anything you say to anyone can be used against you and might cause them to be subpoenaed as witnesses. Don’t even post seemingly innocent content on social media. Be as tight-lipped as possible and strategic in how you respond to protect your rights.
Protect yourself
Federal investigations are both serious and complex. They involve powerful government agencies and significant risk. Everything you say and do can have a lasting impact on your case. Don’t hesitate to invoke your right to remain silent and your right to speak with an attorney.
Cooperate with search warrants and subpoenas, and heed your lawyer’s advice. It’s the best way to protect your rights during this difficult time.
