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What To Do First If You’re Involved in a Federal Investigation
If You’re Involved in a Federal Investigation
Oftentimes, anyone involved in a federal investigation may find out about their situation when they are approached by agents from a Federal agency. While they may ask to speak to you, it is your legal right to wait until you have a lawyer present. Since you don’t know what information they already have about you, it’s important that you avoid speaking with them until you have talked to a lawyer.
Though agents may play things close to the vest, the prosecution may have already selected you as a target in the investigation. For this reason, you want to make sure everything you say and do will work towards your best interest.
In the event that you’ve already spoken to the agents, you should go over this conversation in detail with your lawyer. If you are recording this information in a note or email, be sure to include “attorney client privileged” at the top of the paper or as part of the file name.
Once you meet up with your attorney, they will be the one to reach out to the agent. In most cases, the agent won’t be able to give much information. Your lawyer will likely have to speak to the prosecutor involved to learn more about the case. It is at this point that the lawyer will learn what role you play in the investigation.
If you are part of a federal investigation, you will either be one of three things:
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- Target: The target is the individual that the prosecutor is trying to convict.
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- Subject: The subject is an individual that the prosecutor believes engaged in criminal activity, but this person isn’t at the center of the investigation.
- Witness: The witness is someone that has information relevant to the investigation.
Once your attorney determines what your exact status is in the investigation, they will better understand how to assist you. However, it is important to keep in mind that as the investigation goes on, the prosecutor is liable to change their mind. You may go from witness to subject or vice-versa.
Your status in the investigation will determine what course of action your lawyer will take. Whatever the scenario may be, it is important for you to discuss what you know with your lawyer so that they can start their own investigation. At this point in the federal investigation, there are many moving parts. It is up to your attorney to help you figure out where to go from there.
If You’re the Target in a Federal Investigation
If your attorney speaks to the prosecutor and learns that you are the target in a federal investigation, you will need to come up with a strong defense strategy to avoid conviction. Oftentimes, targets will be told that they should negotiate a plea to avoid indictment. Other times, your attorney may recommend that you plead guilty to get a lighter sentence, depending on the likelihood that you will be convicted.
Whatever situation you find yourself in, there’s one thing you know for sure: get the necessary legal help. With a federal investigation that may or may not be targeting you, you’ll want to know that an experienced attorney is fighting for you.