What To Do First If You're Involved in a Federal Investigation

Finding out that you're involved in a federal investigation can be a frightening experience. Though you may have watched similar scenes take place in the movies, it can be nerve-racking knowing that you may be under investigation for a federal crime. The first thing you should do after discovering you're part of an investigation is to contact an attorney.

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.

If You've Already Spoken to Agents

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.

Your Possible Role in the Investigation

If you are part of a federal investigation, you will either be one of three things:

Status	Definition
Target	The target is the individual that the prosecutor is trying to convict.
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.

Determining Your Next Steps

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.

Critical Actions When Facing a Federal Investigation

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Action	Why It Matters
Contact an attorney immediately	Protects your rights and ensures you don't make statements that harm your case
Don't speak to agents without counsel	Agents may already have information; anything you say can be used against you
Mark communications as "attorney-client privileged"	Protects your conversations and documents from disclosure
Understand your status in the investigation	Determines your legal strategy and potential exposure
Be prepared for status changes	Your role may shift from witness to subject to target as investigation progresses

The Importance of Legal Representation

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.

Understanding the Investigation Timeline

Federal investigations can take months or even years to complete. During this time, your status may change, new evidence may emerge, and the prosecution's strategy may shift. Having an attorney from the beginning ensures that you're protected throughout the entire process and that you understand your options at every stage, whether you're facing a potential indictment or being asked to serve as a witness.