The Truth About Federal Indictment and Arrest Odds After Getting a Target Letter

The Truth About Federal Indictment and Arrest Odds After Getting a Target Letter

Getting a target letter from federal prosecutors can be an incredibly stressful and frightening experience. Many people panic when they receive a target letter, immediately assuming it means they will be indicted and arrested. However, the truth is that a target letter does not guarantee you will be criminally charged. While target letters indicate you are under investigation and could potentially face indictment, working with an experienced federal criminal defense attorney from the start gives you the best chance of avoiding prosecution.

What is a Target Letter?

A target letter is a written notice sent by federal prosecutors to notify you that you are the target of an investigation and could potentially face criminal charges[1]. The letter typically states that you are being investigated in connection with specific federal laws. It also informs you of your right against self-incrimination and invites you to speak with prosecutors or testify before a grand jury[2].

Receiving a target letter means prosecutors believe they have substantial evidence linking you to a federal crime. However, it does not mean indictment and arrest are inevitable. An experienced federal criminal defense attorney can assess your case and work to prevent charges from being filed[3].

What Should You Do if You Get a Target Letter?

If you receive a target letter, here are some important steps to take:

• Carefully read the letter and any other materials enclosed – Make sure you understand what crime you are being investigated for.
• Do NOT destroy or alter any documents – This could lead to obstruction of justice charges.
• Contact a federal criminal defense lawyer immediately – Do not speak to investigators without counsel present.
• Have your lawyer respond to the letter – They can communicate with prosecutors on your behalf.
• Consider the risks before testifying – Speaking under oath could lead to perjury charges.
• Explore your options – Your lawyer may be able to persuade prosecutors to drop the investigation.

What Are Your Odds of Being Indicted and Arrested?

There is no way to predict your odds of indictment and arrest with any certainty. Each federal investigation is unique. However, here are some general statistics on target letters[4]:

• Roughly 10-30% of target letter recipients are eventually indicted.
• Up to 90% of those indicted are arrested and prosecuted.
• In some cases, prosecutors use target letters hoping to negotiate plea deals.
• Experienced federal defense lawyers have a strong record of preventing indictments.

While concerning, target letters do not seal your fate. By immediately engaging an experienced attorney, many people avoid getting charged at all. An attorney can argue to prosecutors that charges are unwarranted and provide evidence of your innocence.

Can a Lawyer Get Your Status Downgraded?

Yes, in some cases a lawyer can get your status in an investigation downgraded from “target” to “subject” or “witness.” This involves presenting facts and evidence to prosecutors in an effort to convince them you had limited involvement or knowledge of any crime[5].

While downgrading does not definitively prevent indictment, it significantly improves your chances of avoiding prosecution. Prosecutors pursue charges against “targets” far more often than “subjects” or “witnesses.” An experienced attorney knows how to strategically present your case in the best light possible.

Should You Testify or Speak to Prosecutors?

In most cases, it is not advisable to testify before a grand jury or speak directly with prosecutors without immunity after receiving a target letter. Anything you say under oath can potentially be used against you. However, experienced federal defense attorneys can sometimes negotiate “proffer” sessions where you provide information to prosecutors off the record[6].

Your attorney may also be able to get you “use immunity” – meaning your statements cannot be used directly against you. Speaking with prosecutors is risky, but when handled strategically by an attorney it can sometimes help avoid charges.

Will You Be Offered a Plea Deal?

After sending a target letter, prosecutors will sometimes offer a plea deal or pre-indictment diversion program. This involves pleading guilty in exchange for reduced charges or a lesser sentence. Prosecutors may also propose deferred prosecution agreements.

However, you should be very cautious about accepting any plea deal without experienced legal guidance. The implications of pleading guilty to federal charges are severe and long-lasting. An attorney can advise if a plea is your best option or if fighting the charges at trial is preferable.

Act Fast and Get an Attorney

If you receive a target letter, you need to act quickly and decisively. Speak to a qualified federal criminal defense lawyer right away before taking any further action. With an attorney guiding your response, you stand the best chance of avoiding indictment and putting the investigation behind you for good.

[1] https://www.justice.gov/jm/jm-9-11000-grand-jury#9-11.151

[2] https://www.federallawyers.com/criminal-defense/what-to-do-first-if-you-receive-a-target-letter/

[3] https://www.johntfloyd.com/the-impact-of-a-federal-target-letter/

[4] https://www.nolo.com/legal-encyclopedia/what-is-federal-target-letter.html

[5] https://www.avvo.com/legal-guides/ugc/downgrade-your-status-from-target-to-witness-or-subject-in-a-federal-investigation

[6] https://www.justice.gov/jm/jm-9-11000-grand-jury#9-11.154

https://www.everycrsreport.com/reports/R40940.html