Do Not Make Any Statements
When the agents arrive at your home, they have a reason to believe that you have committed a federal crime. To prove their case, they may seize parts of your property and begin to ask you questions. It is imperative to refrain from making any kind of statements. Anything that you say can be used against you.
In the case of a valid search warrant, you should cooperate. However, you do not have to provide any kind of information. When the agents are at your home, you should take any paperwork that they hand you, take the agents’ names and contact information, and seek legal help immediately.
Can Statements Made be Excluded from Trial?
You must receive Miranda warnings before agents can ask you any questions. If this does not occur, it may be possible to have some of your statements excluded. However, this does not happen in all cases, so it is imperative to say nothing until you have an attorney by your side.
Can a Search Warrant Be Challenged?
When you are charged with a criminal offense after a federal search, you are allowed to challenge the legality of the warrant. One way is to have your lawyer file a Motion to Suppress Search Pursuant to a Warrant.
There are many reasons why a search warrant may be invalid. For example, an agent may deliberately include false information. Also, there may not have been probable cause in the affidavit. Many times, the warrant may not specify the location that is to be searched.
Is it Possible to Get My Property Back?
If agents take property that has no reference to the investigation, you should be able to recover it. However, the government will likely want to keep it until the end of the case. If the agents seize a digital device, including a phone or a laptop, you may be able to recover it after the contents have been documented. However, it will depend on the case’s circumstances.
If your property is subject to forfeiture, you will not be able to get it back. This is a complicated subject. If your property was used in a crime, it will not be returned. Your lawyer will be able to discuss what property is recoverable.
Should I Prepare to be Charged with a Crime?
Even though your home was raided by federal agents, you may not be charged with anything. For instance, you may not have been the target of their investigation. In the case that you are the target, you still may not be charged. Although executing a search warrant shows that an investigation is serious, the case may be a long way from ending. If the search did not bring desired results, you likely will not be charged. If you become charged, you will need assistance from a qualified and experienced attorney who can convince the government of your innocence.
Retain a Federal Crime Attorney
As an ordinary citizen, you do not know the intricacies that are involved with a federal crime investigation. Working with an experienced lawyer will make the process much less stressful. An attorney will protect your rights and will answer questions about the raid. Also, he or she can help you proceed forward. A lawyer will contact the agents who are involved so that it is possible to get a better understanding about their intentions. If a prosecutor is on the case, your attorney will discuss the evidence and try to keep you out of custody.
Hiring a federal criminal defense attorney is in your best interest. If your home was just raided, you should have a professional on your side. Even if you have not been arrested, you need a knowledge lawyer working on your case. It may be the difference between going to prison or enjoying your freedom.