The Right Moment to Bring in Federal Defense Counsel.

When Federal Agents Contact You or Your Employer

If a federal agent contacts you or your employer, you need to contact a federal defense lawyer. While federal agents may use a range of approaches, they may lead with questions that sound innocent but could put you at risk. A federal defense lawyer can protect you by addressing the agent’s questions and advising you against speaking to federal authorities or waiving any of your constitutional rights.

When You Get a Target Letter from a U.S. Attorney’s Office

A target letter is an early warning sign that you are the primary subject of a federal investigation. When you receive a target letter, you need to promptly retain precharge counsel to help you protect your interests. While you still have the opportunity to avoid charges, you need to intervene and argue your case before prosecutors make formal charging decisions.

When You Get Arrested or Charged with a Federal Offense

If you learn of a federal indictment, receive a complaint from a U.S. Attorney’s Office, or have an arrest warrant served by federal agents, you need to retain a federal criminal defense lawyer immediately. Your lawyer should make contact with the U.S. Attorney’s Office and the relevant federal agents to gather more information. This includes attending your complaint, indictment, or detention hearing.

When You Learn of a Federal Investigation (i.e. You Aren’t Yet the Target)

Even if you aren’t yet the primary subject of a federal investigation, you need to contact a federal criminal defense lawyer if you know that federal investigators are seeking to get information related to you.

Why You Should Call Spodek Law Group

Our Experience with Federal Grand Jury Proceedings

Spodek Law Group is not like other law firms because our lawyers have experience handling federal grand jury proceedings on behalf of both the federal government and private clients.

Spodek Law Group’s lawyers are familiar with the specific protocols and procedures that govern the conduct of federal criminal investigations. This familiarity includes knowledge of the relevant federal agency procedures, which often vary from state criminal prosecutions.

What should I do when federal agents contact me?

When You Have a Search Warrant Served at Your Home or Place of Business

When federal agents present you with a search warrant, you need to contact a federal criminal defense lawyer. You must also make it clear that you are not volunteering information and that you do not consent to an expanded search beyond the warrant’s scope. You may also have claims relating to any civil or criminal forfeiture action, and the deadlines to assert these claims often run from the date of the seizure notice.

When Federal Agents Appear at Your Workplace

If federal agents appear at your place of work, you need to quickly find out why they are there. This could be a broad inquiry that does not involve you personally; however, it could also be a sign that the government has interest in records, email, computer forensic data, or other evidence related to you. Even if your employer allows federal agents to conduct a workplace inspection, you will still want to speak with a federal defense attorney about the risks you face if the government pursues criminal charges.

These are some common questions you may have when you learn that federal agents are involved in your case:

What do I do if federal agents are at my home or office?

When federal agents show up at your home or place of business, your first step should be to ask the following questions.

• What federal agency are you with?
• What is the agent’s name and badge number?
• What is the agent’s telephone number or email?
• What is the reason for the inquiry?

Do I have to talk to federal agents?

No. Federal agents will not usually tell you that you are not required to speak with them, and they will not tell you that you have the right to have a lawyer present. But, you may politely refuse to speak to agents (or answer any questions) if you wish.

Do I have to let federal agents search my premises?

This depends on whether the agents have a search warrant. If the agents have a search warrant, then you must let them search your premises as allowed under the warrant. But, if you do not consent to a search beyond the scope of the warrant, then you are not obligated to let them in if they do not have a search warrant. You may not, however, obstruct a search that is lawfully being conducted.

What happens if I lie to a federal agent?

Lying to a federal agent is a crime under 18 U.S.C. § 1001. In some cases, federal prosecutors can even prove a false statement is a crime without showing that the statement was made under oath.

If you volunteer information to federal agents, any statement that you make can later be used as evidence of guilt in a criminal prosecution.

What does a federal grand jury subpoena mean for me?

What Does it Mean if I Am a Witness, Subject, or Target in a Federal Investigation?

If you receive a federal grand jury subpoena, your subpoena will generally identify you as a witness, subject, or target. The Department of Justice (DOJ) has defined each of these terms as follows:

Witness:

The Justice Manual does not define “witness,” but in practice a witness is someone believed to have information relevant to the grand jury’s investigation whose own conduct is not within the scope of that investigation. However, as a witness, you could still find yourself in jeopardy if your testimony or documents implicate you.

If you are a witness, you have important options to protect yourself. This includes the option to testify under immunity or otherwise protect yourself by challenging the subpoena when necessary.

Subject:

The Justice Manual defines a subject as “a person whose conduct is within the scope of the grand jury’s investigation.” As a subject, you are not necessarily the target of the investigation, but you are still in jeopardy for prosecution.

If you are a subject, it is important to engage counsel as soon as possible to begin working toward the best possible outcome. This includes exploring the possibility of turning target status into witness status and avoiding or negotiating with the United States.

Target:

The Justice Manual defines a target as “a person as to whom the prosecutor or the grand jury has substantial evidence linking him or her to the commission of a crime and who, in the judgment of the prosecutor, is a putative defendant.” The DOJ’s definition of a target is substantially similar to the definition of a target letter.

If you have been identified as a target in a federal investigation, you need to reach out to a federal criminal defense lawyer as soon as possible. While you are no longer in the early investigation phase, you may still be able to avoid indictment if you have an experienced lawyer on your side.

Could My Witness, Subject, or Target Status Change?

Yes. Your witness, subject, or target status could change as the grand jury’s investigation progresses and more information becomes available. For example, the grand jury may find evidence that transforms a witness into a subject. Conversely, a subject might be exonerated through evidence, leading to their being considered a non-subject.

The target status may also change to witness or subject status. If the U.S. Attorney’s Office declines to pursue criminal charges, then your status will change.

Also, if an agent informally tells you that you are a witness, this status designation is not binding on federal prosecutors. You need to make sure that you have not volunteered information that could put you in danger of prosecution. This is especially important if you received a target letter in the past.

What Is a Grand Jury Subpoena?

A grand jury subpoena is a document that commands your appearance at a grand jury proceeding, and it could also require your production of certain documents or other evidence.

The federal grand jury subpoena usually specifies how and when the recipient must appear and any other requirements. If the subpoena specifies that you should bring certain documents, these documents must be responsive to the subpoena. They must also be transferred on or before the deadline listed on the subpoena.

Should I Preserve Documents and Other Evidence after Receiving a Federal Grand Jury Subpoena?

Yes. As soon as you learn about the federal grand jury subpoena, you need to take steps to preserve all potentially responsive records and data, files and other evidence.

Even if the grand jury subpoena doesn’t require you to produce specific documents or other evidence, you need to determine what you might need to produce. This includes information that could trigger your obligation to keep responsive records and information for use in a federal investigation.

Can I Object to a Federal Grand Jury Subpoena?

In many cases, you can object to a federal grand jury subpoena. Common grounds for objecting to a subpoena include:

• Privileged communications between the recipient and legal counsel;
• Undue burden or oppressive circumstances;
• Legal defects in the subpoena;
• Unlawful command to produce or provide evidence;

If you can’t object or get the subpoena quashed, then the next option is to limit the response to the subpoena. This includes seeking clarification or renegotiating with federal prosecutors to determine the scope of a compliant response.

Do I have a right to counsel in the grand jury room?

While you have the right to legal representation, Federal Rule of Criminal Procedure 6(d) says that witnesses are not allowed to have counsel present in the grand jury room. This is in contrast to typical legal proceedings in which a witness’s counsel may be allowed in the courtroom.

Can I get a federal lawyer before charges are filed?

Can I Hire a Defense Lawyer without Admitting Guilt?

You can hire a defense lawyer without admitting guilt. In fact, hiring an experienced defense lawyer is a prudent step to take to protect yourself from an unwarranted criminal investigation.

In the process of conducting federal criminal investigations, the Department of Justice (DOJ) and federal agents will use a variety of approaches to obtain information. When you engage with law enforcement, you have important constitutional rights that can protect you from making incriminating statements. The Fifth Amendment to the United States Constitution contains this right, and you may exercise the Fifth Amendment privilege to protect yourself by declining to answer questions that may lead to a criminal charges against you.

Do I Have a Sixth Amendment Right to Counsel Before Facing Federal Charges?

The Sixth Amendment to the United States Constitution also contains the right to counsel. However, as your Sixth Amendment rights attach after the commencement of “adversarial judicial proceedings,” you do not have this right until you face criminal charges. For example, if you receive a federal grand jury subpoena, you are not entitled to court-appointed counsel because federal prosecutors have not yet formally charged you.

Instead, those within the scope of a precharge federal investigation must, in many cases, rely on their ability to hire private counsel to protect themselves from prosecution.

Can I Get Court-Appointed Counsel Before Facing Charges?

No. You may not be able to request a court-appointed federal defense lawyer under the Criminal Justice Act (CJA) in most cases. CJA counsel are generally provided in federal cases that are initiated by the prosecution and provided to defendants whose financial circumstances meet a federal indigency standard. If you have not been formally charged in a federal case, you will have to retain a lawyer privately at your own expense.

How Long Should I Expect the Federal Criminal Investigation to Last?

Federal criminal investigations are extremely complex in nature and can take years to complete. As a result, prosecutors and federal agents will often keep the investigation confidential until charges are filed, or until it is already too late to prevent the filing of charges.

In many cases, federal grand jury subpoenas, search warrants, and other tools to obtain evidence will be the first notice that someone is facing a federal investigation. An arrest, on the other hand, is usually the culmination of the government’s investigation. When you get arrested, it marks the initiation of a federal criminal case against you, and this means you should expect an initial appearance and a decision on bail shortly after your arrest.

Todd Spodek is the managing partner of Spodek Law Group, a second generation criminal defense firm that has been practicing since 1976.

What Can Defense Counsel Do Before Federal Prosecutors File Charges?

When you hire an experienced federal defense counsel, your lawyer can act as your intermediary to the DOJ. In this role, your lawyer will be able to determine why you are under investigation, and they will have the opportunity to assess the government’s evidence. By this evidence assessment, your lawyer may be able to determine why the federal agent or federal prosecutor contacted you, and, with sufficient information, they can then formulate a strategy for your defense based on the specific facts and evidence involved.

One potential goal of a precharge defense is to pursue a civil resolution rather than criminal prosecution. If your lawyer can convince federal prosecutors that you have no criminal culpability, the federal government may decline to pursue criminal charges. This approach could save you from the stigma of criminal charges, and it could save you from a lot of potential exposure as well.

When Should I Offer Proffer Discussions to Federal Prosecutors?

Depending on the specifics involved, it may make sense to have a proffer discussion with federal prosecutors. During these discussions, you may be able to learn why you are being investigated, while also discussing your side of the story. If you do not have an experienced federal defense lawyer to arrange the proffer, you may be at risk. For example, in some cases, if a proffer leads to statements that fall outside the scope of the proffer agreement’s protections, then federal prosecutors could still use your statements against you in criminal court proceedings.

How Do I Avoid an Arrest Warrant in a Federal Criminal Investigation?

If it is determined that the federal prosecutor will move forward with criminal charges against you, you may want to arrange a voluntary surrender. This will not only help you avoid the stigma of a public arrest but it can also help to avoid some risks associated with an arrest warrant. For example, in some cases, it may not be possible to request or receive a bail reduction or bond review before your voluntary surrender. By arranging a voluntary surrender, you may be able to work out a deal for a pre-arraignment release or bail arrangement.

When Should I Cooperate with Federal Prosecutors and Defense Counsel?

Cooperating with federal prosecutors is a complex process. If you are facing federal charges, then you should discuss the risks and benefits of cooperation with your federal defense lawyer. In some cases, a cooperation discussion could result in federal prosecutors agreeing to reduce your charges or offer a more favorable plea agreement and sentencing recommendation. However, there are risks with cooperation as well. Your lawyer should be able to assess the specific circumstances of your case.

What Is the Purpose of Making a Defense Presentation?

When facing federal criminal charges, you will have the option to speak with federal prosecutors. Making a defense presentation before prosecutors commit to charging someone can be very useful. This can lead to the prosecutors deciding against indictment or a less severe indictment.

Keep in mind, though, that during a defense presentation, you may inadvertently help prosecutors determine their strategy for prosecution. This means it is crucial to work with an experienced federal defense lawyer, who can help you decide if a defense presentation is a good option for your situation.

What Can Defense Counsel Do to Protect Me from Facing Charges in Another District?

Unfortunately, your defense counsel cannot protect you from facing criminal charges in another jurisdiction if a federal prosecutor decides that they have the authority to prosecute you. When facing criminal charges in the United States, there are no geographic limits on where federal prosecutors may file charges. Prosecutors in any U.S. Attorney’s Office can pursue charges based on their jurisdiction or where the crime occurred. Your federal defense lawyer should be able to assess the DOJ’s jurisdictional authority and work with federal prosecutors in other districts if necessary.

How Do I Protect Myself During a Federal Investigation?

As you should expect, during a federal investigation, you should have numerous concerns. You may also need to address other concerns beyond your criminal liability. Here are some common concerns and mistakes to avoid during a federal investigation:

Should I Delete Messages After I Find Out That I Am in a Federal Criminal Investigation?

No. Deleting messages (including phone texts, email, social media messages, messaging apps like WhatsApp, etc.) after you find out that you are in a federal investigation can create additional exposure for prosecution for obstruction of justice. You should also avoid coaching anyone about their statements in the case, because this could lead to witness-tampering charges under 18 U.S.C. § 1512.

In federal criminal cases, evidence is critical. By contacting a federal defense lawyer promptly, you can avoid any unintended complications that arise in federal investigations.

What Other Action Is Forbidden While I Am in a Federal Investigation?

You must not attempt to coordinate any account of the events of a federal investigation with other people. Doing so could result in allegations of witness tampering or obstruction of justice. Your lawyer should be able to advise you how to handle any communications with others so that you can avoid these types of criminal charges.

What Should I Do Instead of Deleting Evidence?

When you are in a federal investigation, you must take steps to preserve all relevant evidence. This includes emails, texts, devices, accounting records, and other materials that the FBI and other federal agents can access. This also includes emails, texts, documents, and evidence that you have in your device’s cloud storage.

A defense lawyer will be able to advise you how to preserve all relevant documents and other evidence, while ensuring that you are using the most effective available methods for your defense.

Can I Rely on the Advice of Company Counsel?

No. Company counsel represents the company, not you or your coworkers. In most cases, a company has an attorney who helps the company manage all aspects of its business. Company counsel will focus on the company’s interests in the event of a criminal investigation.

In some cases, a company will seek to hire a lawyer to represent the company and its employees. This is known as joint representation, and the company’s lawyer will seek to provide the same legal services to you that it provides to the company. When you have joint representation, the lawyer is able to communicate with the company’s counsel so that information obtained during a legal defense or settlement negotiation process stays confidential between the legal team and the federal prosecutor.

Can a Federal Prosecution be Triggered by a Civil or Regulatory Matter?

Yes. Statements you make in civil or regulatory proceedings can be used against you in a criminal prosecution. To protect yourself from potential criminal prosecution, it is important to consult with a federal defense attorney during civil or regulatory proceedings.

Additionally, criminal proceedings can be complicated when multiple civil or regulatory proceedings have any overlap. For example, a federal criminal investigation could be impacted by a parallel tax, licensing, immigration, or employment matter. If you find yourself in a parallel proceeding, it is important to have a comprehensive defense strategy to avoid complicating matters in federal court.

How Do I Choose the Right Federal Defense Lawyer?

When you need a federal criminal defense lawyer, you will want to interview multiple defense attorneys before selecting the right one. Here are four things you should look for when selecting a federal defense attorney:

When Should I Be Concerned if a Federal Defense Lawyer Guarantees a Specific Outcome?

Guarantees of specific outcomes are a major red flag. When interviewing attorneys, if anyone attempts to guarantee a favorable outcome, you should ask them to explain the legal grounds for their guarantee. Be careful to avoid lawyers that appear overconfident and do not have any reservations about their ability to reach a specific outcome.

Does the Federal Defense Attorney Practice in the District Where I Am Charged?

If the attorney does not practice in the district in which you are facing criminal charges, the attorney must have permission to practice in the district before representing you. This admission is necessary because federal prosecutors and agents operate within their jurisdictions. Depending on where your case is filed, you should ensure that your federal defense lawyer has admission or that the lawyer has to obtain admission before acting on your behalf.

In some districts, out-of-district lawyers must associate a local lawyer to represent their clients in federal criminal proceedings. As a result, when interviewing attorneys, you should ask if they have admission in the relevant district or if they are aware of the requirements to practice in the district.

Does the Federal Defense Attorney Have Specific Agency Experience?

Depending on your case, you should look for a federal defense lawyer with specific experience handling cases involving federal agencies such as the FBI, DEA, IRS, ATF, or HSI. If you are facing criminal charges that involve the federal government, you should reach out to a federal defense attorney who has substantial experience handling cases and investigations initiated by the agency which is handling your case. This helps with avoiding misunderstandings and ensuring effective communication throughout the litigation process.

What Should a Federal Defense Attorney’s Fee Agreement Include?

When negotiating a federal defense fee agreement, you should identify the items that are covered under the fee. This includes clarifying who will pay for investigators and experts. Additionally, the fee agreement should cover expenses related to electronic discovery.

Your attorney should also identify expenses related to a federal trial, sentencing hearing, appeal, or federal forfeiture proceedings. Lastly, travel expenses should also be identified in the fee agreement.

If you receive a public defender’s representation, you have to make sure that your lawyer is providing dedicated representation. For instance, in Milwaukee County, public defenders may be handling as many as 100 cases simultaneously. While a public defender can be effective in some cases, you may find that retaining a private attorney is in your best interest.

Speak With a Federal Defense Lawyer

If you are dealing with any part of what this article describes, the next step is a conversation with a lawyer who handles these cases. Spodek Law Group is a second generation criminal defense firm practicing since 1976, representing clients nationwide from offices in New York, Brooklyn, Queens and Los Angeles. Call 212-300-5196 to speak with our team.