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Todd Spodek (Managing Partner)

Mr. Spodek decided early on in his life to focus his education and experience on trial work. Todd Spodek attended Northeastern University in Boston, MA and majored in criminal justice. This background provided an indispensable tool in the representation of criminal defendants in grand jury investigations, pre-trial hearings, trial, appeals and navigating the corrections process.…

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Should You Talk To Federal Law Enforcement?

If you’re being investigated for federal crimes, federal law enforcement is going to try to interrogate you. It’s imperative to their investigation to be able to extract information from you. Discussing things with them can have several effects on your case, some of which won’t benefit you. There are many things to consider when it comes to talking to federal law enforcement.

Why do they want to talk to you?

Federal law enforcement doesn’t request to speak people who they might want to investigate. If they request an interview with you, then it’s safe to say that you are under investigation. You might not be under indictment, but an incriminating interview could be the ace in the hole the agents need to bring the charges against you. They’re not going to interview you on the off-chance that you’ll expose yourself as being culpable in a federal crime. Their desire to talk to you stems from the evidence they’ve gathered and their confidence in being able to bring charges against you.

Should you talk if you know you’re innocent?

You might think that, if you’re innocent, not talking to federal law enforcement would only hurt you because it would make you seem hostile and untrustworthy. Whether or not you’re innocent doesn’t matter when it comes to talking to federal law enforcement. The moment you agree to answer questions, you set yourself up for all kinds of traps. The federal law enforcement officers will have extensive questions that they’ve meticulously prepared. Even if you’re innocent, they’re designed to gather answers that cast doubts about your innocence.

In an interrogation, you can expect questions that play off of previous responses. They may find you in a contradiction or attempt to spin answers as a contradiction. When you try to clarify things, you can find yourself digging a deeper hole for yourself. This can all be considered admissible evidence in a court of law. The testimony of federal law enforcement could be all that it takes for a jury to convict you.

You have the right to speak or to stay silent when it comes to an investigation. The more you say, the more opportunities they have to use your words against you. Think before you speak and decide if it’s truly worthwhile to do so. Your freedom could depend on whether or not you’re willing to stay silent.

Should you say nothing?

Just because you should be selective with what you say to federal law enforcement doesn’t mean you have to clam up completely. If you don’t feel comfortable with answering a question, don’t answer it. Whether or not you’re telling the truth is beside the point. Your account of events and responses to any inquiries from law enforcement can end up penalizing you. Staying silent isn’t going to bring an investigation to a halt, but it will help to keep you out of further trouble. You have a right to remain silent, and you want to hold onto that as much as you can.

The importance of a lawyer

One of the trickiest things about being interviewed by federal law enforcement is the ambiguity about whether or not you should answer a question. Their interrogative tactics can make a seemingly-innocuous question a path into incrimination. You’re intelligent, but part of their strategy is circumventing that intelligence.

A skilled lawyer should be on-hand for any questioning, whether or not you’ve been placed under arrest. They can advise you on when to speak and when to stay silent. If you’re asked a question, see what your lawyer thinks first. If they interject to say that you won’t be answering that particular question, do not question or contradict them. Their understanding of the law and prosecution is crucial to their being able to help you.

The decision to speak to federal law enforcement or stay silent is ultimately up to you. However, it’s important to understand the risks associated with speaking. By having the best possible understanding of the situation, you can make the right choice when facing a federal investigation.

Is the Federal Government Tapping Your Phone?

If you are involved in a federal investigation, the United States Department of Justice can gather a great deal of information about you. They can gather pertinent information, such as email correspondence and bank statements. You’re worried that they might be able to tap your phone. In most cases, federal investigators will use other sources to get information about you. However, they can tap your phone if they believe they have justification. In order to do so, they have to go through a process.

How Do Federal Investigators Tap Your Phone?
If federal investigators want to listen in on your phone conversations, they are looking for evidence to proof you have committed a crime. They can’t violate your privacy without permission from a judge. In the same way that police need a search warrant before entering a person’s home or business, FBI agents need a judge to grant access to your phone lines. Investigators can approach a judge at the federal level, the state level, or the local level in order to proceed with gathering more information that is pertinent to your case. Investigators need to provide sufficient evidence and arguments supporting the need to tap your phone. Once the judge grants permission for the tap, investigators need to contact the phone carrier. They can tap into landlines and cell phones. If they gain access to cell phones, they will also be able to review your text messages. When the investigation is over, investigators need to inform you that your phones were tapped. Anyone who was in contact with you on your phone will be notified as well.

Investigators Must Prove They Have Probable Cause
If investigators are going to go through the lengths necessary to tap your phones, they’ll need to prove they have probable cause. Wire tapping is only requested for crimes that are serious in nature, such as suspected acts of terrorism, drug trafficking, embezzlement, or money laundering.

How Long Can Your Phones be Tapped?
Investigators will be granted permission to tap your phone for a thirty-day period. At the end of thirty days, they may request an extension if necessary. When requesting an extension, investigators will need to provide justification for continuing to listen in on your conversations. They will need to share some of the evidence that has already been documented during the initial period of the wire tap. If the judge approves, another thirty days can be granted.

Can Law Officials Ever Listen in on Your Phone Conversations without Permission?
There is one place where you will not have any guarantee of privacy with your phone calls. If you are convicted of a crime and sent to prison, law officials have access to all of your phone calls. Bear that in mind if you have to discuss your case with your criminal attorney. You should meet in person to ensure your conversations are discreet. You are allowed a meeting in a private room with your attorney. Otherwise, guard your words whenever you make a phone call. You can guarantee someone will be listening in.

What Should You Do if You Suspect You are Under Investigation?
If you have reason to believe you are under investigation or you have been notified that federal officials are building a case against you, you should hire a criminal lawyer. Begin by choosing a lawyer who is experienced and has a reputation for excellence. If you have any documentation from investigators, such as an initial search warrant, bring it with you when you meet with your attorney. If you have any witnesses that can offer you support, be sure to share their names with your lawyer. Your attorney will be able to provide you with guidance as to how you should proceed. If you are charged with a crime after the investigation is over, your attorney will work with you to build your defense.

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