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Seeking Legal Help for a Federal Target Letter

March 21, 2024 Uncategorized

Getting Legal Help When You Get a Federal Target Letter

What’s a Target Letter and Why’s it So Scary?

Okay, so you got a target letter from the feds; that’s like, really not good, right? You’re probably freaking out, wondering what the heck this means and if you should just go ahead and get that orange jumpsuit tailored. But listen, it’s not that bad, you’ve still got options here. A target letter basically means the federal prosecutors have got enough evidence to consider indicting you for a crime. But it doesn’t mean you’re definitely getting indicted or going to jail or anything.

The main thing is, you gotta take this seriously and get yourself a kickass federal criminal defense lawyer ASAP. This letter is like a huge red flag that you’re being investigated for something major. And trust me, you do not wanna try handling this yourself. The feds don’t mess around, so you need someone in your corner who really knows their stuff when it comes to federal criminal law.

Why You Need to Lawyer Up Quickly

As soon as you get that target letter, the clock’s ticking for you to get legal representation locked down. The prosecutors have to allow you a reasonable opportunity to get an attorney and get up to speed on the case against you before they can seek an indictment. So you gotta move fast and find someone good, because they’re not gonna wait around forever while you figure things out.

Plus, having a lawyer from the start is just crucial for protecting your rights and making sure you don’t accidentally incriminate yourself further. The feds are allowed to use all kinds of sneaky tactics to try and get you to admit guilt or give up info that could be used against you. But with a skilled defense attorney advising you, you’ll know exactly what to say and what not to say.

What to Look for in a Federal Criminal Lawyer

So let’s talk about what kind of lawyer you’ll want in your corner for this. Because you definitely don’t want to just hire the first person you find on Google or go with someone who mostly handles DUIs and divorces. Federal cases are a whole different beast, so here are some key things to look for:

  • Specific experience with federal criminal cases, especially ones similar to what you’re being investigated for. This is not the time for a general practice lawyer.
  • Familiarity dealing with the particular federal agency involved, like the FBI, DEA, IRS, etc. Each one has its own policies and way of doing things.
  • A strong track record of taking federal cases to trial and winning. You want someone who has been battle-tested against federal prosecutors and knows how to win at this level.
  • Good reviews from past clients. Look for testimonials about their communication skills, attention to detail, and overall effectiveness.

It’s also really important to have a good personal rapport with whichever lawyer you hire. This is someone you’re gonna be working very closely with and trusting with your entire future, so you gotta vibe with them. Don’t just go with some fancy bigshot if their personality rubs you the wrong way.

Oh, and one more thing – be ready to pay up big time for a quality federal defense lawyer. We’re talking tens of thousands at minimum, and potentially much more for a really serious case. But trust me, this is absolutely not an area where you want to cheap out and go with some budget option. This is quite literally your life and freedom on the line here.

Questions to Ask Potential Lawyers

When you start meeting with prospective attorneys, here are some good questions to ask to gauge if they’re a good fit:

  • What’s your specific experience handling cases like mine at the federal level?
  • How many federal cases have you taken to trial, and what were the outcomes?
  • Will you personally be handling my case, or will it be passed off to associates?
  • What’s your strategy for responding to a target letter in this type of situation?
  • How will you ensure I don’t accidentally incriminate myself during the investigation?
  • What are the potential sentencing exposures I could be facing if convicted?

Don’t be afraid to really grill them and make sure you’re 100% confident in their abilities before hiring someone. This is too big of a deal to just go with your gut feeling.

What Happens After You Hire a Lawyer

So once you’ve locked down legal representation, your attorney is gonna get to work dealing with this target letter situation. A couple of the main things they’ll likely do:

  1. Respond in writing to the target letter, letting the prosecutors know you have counsel and are aware of the investigation against you. This is important for protecting your rights.
  2. Gather all evidence and info about the case that the prosecutors have. Your lawyer will issue demands for discovery materials like documents, recordings, witness statements, etc.
  3. Potentially try negotiating with prosecutors to avoid an indictment or work out some kind of favorable pre-indictment plea deal.
  4. Start building your defense strategy in case the case does go to trial. This could involve hiring investigators, interviewing witnesses, analyzing evidence, researching case law, etc.

Your lawyer may also advise you on things like getting your affairs in order, knowing your rights if you get arrested, when to accept a plea deal vs taking your chances at trial, and so on. The name of the game is minimizing the damage as much as possible.

The Possibility of Avoiding Charges

In some cases, it is possible for your lawyer to actually prevent charges from being filed against you at all. This usually involves some combination of poking holes in the prosecution’s case during the investigation phase, negotiating for a non-prosecution agreement, or otherwise convincing them that indicting you isn’t worth their time and resources.

However, you shouldn’t just assume your lawyer can make the charges go away. That’s definitely the ideal outcome, but it’s not always realistic depending on the evidence against you. Have a frank discussion about your odds of avoiding charges, and have a backup plan in case the indictment does happen.

What If You Get Indicted? Don’t Panic

Okay, let’s say your lawyer couldn’t work their magic, and you end up getting officially indicted on federal charges. As crappy as that is, it’s not the end of the world. You’ve still got a fighting chance with the right legal team by your side.

If you get indicted, your case will move to the next phase where your lawyer really starts preparing for trial in earnest. This involves a ton of work like:

  • Reviewing all the prosecution’s evidence with a fine-toothed comb to identify any holes or weaknesses
  • Researching similar cases and relevant laws to plan a defense strategy
  • Interviewing and prepping any witnesses that could testify in your favor
  • Filing pre-trial motions to get certain evidence excluded or the charges dismissed if possible
  • Working out whether it makes sense to go to trial or take a plea deal (your decision, but your lawyer will advise you)

The other big thing is your lawyer may start working on getting you released on bail if you’ve been arrested and are in custody. Federal bail hearings are no joke, so you’ll want an attorney who knows how to argue for your release.

And if you do end up going to trial, that’s where having an experienced federal criminal trial lawyer is absolutely crucial. The prosecutors are gonna pull out all the stops to get a conviction, so you need someone who can skillfully cross-examine witnesses, counter the evidence against you, and present a strong case for your innocence or lack of criminal intent.

Resources for More Info

This was just an overview of what to expect when you get that dreaded target letter, but there’s a lot more that goes into properly handling a federal criminal case. Here are some extra resources with more details:

I’d also recommend checking out the credentials and reviews for some top federal criminal defense lawyers near you to get a feel for who could represent you well.

Look, I get it – getting a target letter is scary as hell. But try not to panic and definitely don’t stick your head in the sand here. The sooner you take action and bring on a qualified legal team, the better your chances of avoiding charges or putting up an aggressive defense if it does go to trial. You’ve got this, just make the right moves from here on out.

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Todd Spodek

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RALPH P. FRANCHO, JR

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

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