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Plea Bargaining After a Federal Target Letter: The Keys to Success

March 21, 2024 Uncategorized

Plea Bargaining After a Federal Target Letter: The Keys to Success

Getting a target letter from the feds can be really scary. I know from experience representing folks in this situation. But don’t panic! This letter doesn’t mean you’ll definitely get charged or indicted. You still have options and defenses. Let me walk you through what to do if you find one of these letters in your mailbox.

What is a Target Letter Anyway?

A target letter just means the U.S. Attorney’s office thinks you may have committed a crime or have useful info about someone else’s crime. The letter will usually name the specific crime they suspect you of. It’s meant to pressure you into talking to investigators or pleading guilty.

But just cuz you get one doesn’t automatically mean you’ll get indicted or charged. The prosecutor still needs to convince a grand jury with actual evidence. So don’t freak out yet.

Okay I Got a Target Letter – Now What?

Here’s what I recommend if you get one of these scary letters:

  1. Don’t Panic – Easier said than done I know! But take some deep breaths. The letter sounds bad but doesn’t seal your fate. You still have options and defenses. A good lawyer can help figure out the best move.
  2. Don’t Talk to Investigators – After the letter, they’ll probably try to get you to talk or hand over documents. Politely say no – don’t provide anything without a lawyer present. Anything you say can and will be used against you.
  3. Hire a Good Lawyer, Stat – The most critical thing is to hire an experienced federal criminal defense attorney right away. Don’t wait on this. Federal cases are super complex with high stakes. You need someone in your corner who knows the rules and pitfalls. Make sure they have experience with cases like yours.

What Legal Protections Do I Have?

Even with a target letter, you still have important rights, like:

  • Presumption of innocence – you’re innocent until proven guilty
  • Right to an attorney – you can have a lawyer represent you
  • Right against self-incrimination – you can take the 5th
  • Burden of proof on prosecutors – they must prove guilt beyond a reasonable doubt

So don’t let the letter scare you too much. A good lawyer can make sure prosecutors play by the rules.

What Happens Next?

Here are some possible next steps after a target letter:

  • Hiring a lawyer to handle negotiations
  • Presenting info to prosecutors or grand jury
  • Waiving grand jury and letting charges get filed directly
  • Testifying before grand jury if subpoenaed
  • Proffer sessions with prosecutors through your lawyer
  • Plea bargain talks
  • Going to trial

An experienced lawyer will guide you in choosing the right path forward based on your specific situation.

How Can I Fight the Charges?

If you do get charged, you have options to battle the accusations, like:

  • Plea bargaining for lesser charges
  • Filing pretrial motions to get evidence thrown out or charges dismissed
  • Going to trial and forcing prosecutors to prove their case
  • Asserting defenses like self-defense or insanity
  • Presenting factors to reduce culpability

A good lawyer will pursue the strongest defense strategy for your unique case. Don’t lose hope yet.

What Could Happen After a Target Letter?

Some possibilities after a target letter:

  • Not getting charged due to lack of evidence
  • Getting charged but having charges dismissed before trial
  • Plea bargaining for reduced charges
  • Going to trial and being found not guilty
  • Getting convicted at trial and facing sentencing

Outcomes vary widely after a target letter. An experienced lawyer gives you the best shot at the most favorable result. Don’t panic and make sure you get a good attorney on your side!

The bottom line is don’t ignore a target letter. Get a highly qualified federal criminal defense lawyer on your side immediately. They can help protect your rights and work for the best possible outcome given the circumstances.

With the right legal help, even a scary target letter doesn’t have to mean your case is hopeless. So take a deep breath and focus on finding the best attorney you can. There are still options and defenses available to you.

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Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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