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Decoding FBI Target Letters: Implications and Strategies for Defense Lawyers

What to Do If You Get an FBI Target Letter

Getting a target letter from the FBI can be scary and confusing. As a criminal defense lawyer, I want to walk through what these letters mean and what your best next steps are if you receive one.

What Are FBI Target Letters?

A target letter is a letter sent by federal prosecutors to someone they are investigating for potential criminal charges. It informs you that you are under investigation and could face charges for a federal crime.

The letter will typically say you are a “target” or “subject” of an investigation. This means the prosecutors believe they have evidence to charge you with a crime or are still deciding if the evidence is strong enough.

The letter usually invites or requires you to speak with investigators or testify before a grand jury. It may warn that not cooperating could lead to obstruction of justice charges. Oftentimes, it tries to convince you to cooperate by providing information about others involved.

What to Do if You Receive a Target Letter

If you get an FBI target letter, here are the most important steps to take:

  1. Don’t panic. Take a deep breath and focus on responding appropriately.
  2. Contact an experienced federal criminal defense lawyer right away. Do not meet with investigators without your attorney present.
  3. Do not destroy any relevant documents, electronic records, or other potential evidence. That could lead to obstruction charges.
  4. Don’t discuss the letter with anyone except your lawyer. Conversations are not guaranteed to be private.
  5. Work with your lawyer to begin gathering relevant documents and evidence that may help your case.
  6. Carefully consider your lawyer’s advice about whether to testify or cooperate with investigators. They will help assess the risks and benefits.

Having a knowledgeable criminal defense lawyer is key to dealing with a target letter. They serve as your advocate and guide you through the process.

Does a Target Letter Guarantee Charges?

No, getting a target letter does not automatically mean you will be criminally charged. But it does signal that prosecutors have focused on you as part of an investigation. Some statistics show:

Christine Twomey
Christine Twomey
2024-03-21
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2024-03-18
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Guerline Menard
Guerline Menard
2024-03-18
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Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
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Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
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2024-03-12
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2024-03-12
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divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.
  • Around 10% of target letter recipients are never formally charged
  • 60-65% are charged within 6 months of getting a letter
  • Over 90% are charged within 18 months

So while being charged is likely after getting a target letter, it is not guaranteed. In some cases, your defense lawyer may be able to convince prosecutors to ultimately not press charges.

Why Do Prosecutors Send Target Letters?

There are several strategic reasons prosecutors send target letters to people they are investigating:

  • Notify you that you could face charges and should seek legal counsel
  • Apply pressure to cooperate by highlighting potential charges
  • Get your story on the record early in the investigation
  • Deter you from destroying evidence
  • Give you a chance to tell your side of the story before charges

Overall, target letters are an investigative tactic used by prosecutors to build their case outside of the courtroom. The letters provide leverage to get information and evidence from investigation targets.

When Are Target Letters Typically Sent?

Target letters often go out in the early stages of an investigation, before any formal charges are filed. Some common times include:

  • After suspects are identified but before subpoenas go out
  • Before convening a grand jury investigation
  • After documents are subpoenaed but before grand jury testimony
  • After other grand jury witnesses testify
  • Right before an indictment comes down

The timing is strategic to maximize pressure when prosecutors believe they have evidence to charge someone but want to strengthen their case even more before filing charges.

How Should You Respond to a Target Letter?

It’s understandable to feel pressure to cooperate or provide information in response to a target letter. But in many cases, you are better off not providing statements or testimony without the guidance of your lawyer. Things to keep in mind include:

  • The stronger the evidence against you, the riskier it is to testify or be interviewed
  • If charges seem inevitable regardless, there may be little benefit to cooperating
  • Your lawyer may be able to negotiate limited immunity or non-prosecution in exchange for cooperation
  • Admissions or statements, even if you are truthful, can still be used against you

Every situation is unique. But in general, politely declining interviews and only providing written statements through your lawyer is safest.

Strategies Criminal Defense Lawyers Use

Experienced federal criminal defense lawyers have many tools they can use to protect your rights after you receive a target letter:

  • File a motion to quash a subpoena to testify before a grand jury
  • Submit a proffer letter to propose an interview with prosecutors
  • Send a white paper arguing against charges
  • Negotiate limited use immunity for testimony
  • Seek a non-prosecution agreement in exchange for cooperation

An skilled lawyer will deploy the strategies best suited to your unique situation and goals.

Next Steps After Getting a Target Letter

Typically, the next steps after receiving a target letter are:

  1. Hire an experienced criminal defense lawyer as soon as possible. This is the most important first step.
  2. Your lawyer will conduct a thorough investigation of the allegations and review the evidence.
  3. Based on their assessment, your lawyer will advise you on whether to testify, cooperate, or decline interviews.
  4. If you receive a subpoena to testify before a grand jury, your lawyer can file a motion to quash it.
  5. Your lawyer will negotiate with prosecutors regarding limited immunity, providing information, or other cooperation.
  6. You and your lawyer will determine whether to provide written statements or oral testimony to investigators.
  7. Your lawyer will present defenses and arguments to prosecutors regarding why you should not be charged.
  8. Prosecutors will either dismiss the investigation, continue investigating, or proceed with criminal charges.
  9. If charges are filed, the next step is your arraignment and pre-trial proceedings.

Having an experienced criminal defense lawyer guide you through these steps is critical for protecting your rights and interests after receiving an FBI target letter. Your lawyer serves as your advocate, negotiator, and advisor during the investigation.

The most important takeaway is: Do not go through this process alone. Consult with a lawyer immediately about your best response options after receiving a target letter.

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