What to Do When Under Federal Investigation
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What to Do When Under Federal Investigation
Getting that knock on your door from the FBI can be downright terrifying. Your palms start sweating, your heart races, and your mind goes blank. Take a deep breath and stay calm – this article will walk you through what to expect and how to handle yourself when under federal investigation.
The First Contact
If the FBI wants to talk to you, they’ll usually call or show up at your home or workplace unannounced. They’ll identify themselves, but always ask to see their credentials just to be safe. Be polite and respectful, but don’t say anything or answer any questions until you have a lawyer present.
You have the right to remain silent! Say something like “I’m happy to cooperate, but I’d like to speak with an attorney first.” The investigators may threaten or intimidate you to get information, but stand firm on your right to counsel. Don’t worry about seeming “suspicious” – that’s their tactic.
If they have a warrant, cooperate fully with any searches or requests. Take notes of what was searched and what was taken. If you’re arrested, you have the right to know why. Say you wish to remain silent and ask for a lawyer immediately. Don’t say anything else until they are present!
Getting a Lawyer
The most important thing is getting legal counsel ASAP. Don’t try going it alone! Federal cases are usually complex with harsh sentences. A knowledgeable federal defense attorney can protect your rights and build the strongest case.
If you can’t afford a private lawyer, you’re entitled to a public defender appointed by the court. While free, they are often overworked and underfunded. You’re better off with paid representation if possible. Ask friends or family for help or look into legal defense funds.
Lawyering up early also prevents you from accidentally incriminating yourself. Your lawyer can interact with investigators on your behalf so you don’t have to. They will ensure you don’t supply more info then legally required.
The Investigation Process
The FBI has tremendous resources at their disposal during investigations. They will likely pull financial records, phone logs, emails, social media posts, etc. They may talk to your friends, family, coworkers, neighbors – anyone who knows you.
You may receive a target letter indicating you’re under investigation but not yet charged. Or investigators may ask you to testify in front of federal grand jury without a lawyer present. Politely decline to avoid accidentally perjuring yourself.
Cooperate fully with your lawyer and be 100% honest with them. Tell them embarrassing or incriminating details you’re afraid of the FBI uncovering – they can’t help you if they don’t have all the facts. Any discussion with them is also protected under attorney-client privilege.
Getting Charged
If the FBI believes they have enough evidence, they will recommend charges to the U.S. Attorney’s Office. If the U.S. Attorney agrees, they will obtain an indictment from a federal grand jury without your knowledge.
You may be arrested and charged if the crime is severe. More often, you’ll receive a summons to appear in court for an arraignment. If you don’t appear, an arrest warrant will be issued. You’ll be read the charges against you, enter a plea, and bail will be determined.
Do NOT plead guilty until discussing options thoroughly with your lawyer! Even if they promise a lighter sentence, pleading guilty means no trial and no chance of acquittal.
Going to Trial
Make sure your lawyer files motions to suppress illegally obtained evidence or other constitutional violations by investigators. If successful this can seriously undermine the prosecution’s case.
You may also opt for a plea bargain to reduce charges or sentencing recommendations in exchange for pleading guilty and avoiding trial. Make sure you understand the terms fully – you generally can’t back out once made.
If you do go to trial, your lawyer will question witnesses, present evidence, and try to create reasonable doubt around your guilt. Take their advice seriously in whether you should testify or not. Even if you’re found guilty, your lawyer can still motion for acquittal or file an appeal.
Sentencing
If found guilty in court or by plea deal, you’ll have a sentencing hearing. Your lawyer will present mitigating circumstances and character witnesses to argue for minimized sentencing. The federal guidelines provide a sentencing range the judge usually sticks to.
Cooperate fully with probation officers doing your pre-sentence investigation report. Be truthful about criminal history, drug/alcohol abuse, mental health issues, etc., – the judge sees this and it affects sentencing.
White collar and cyber crimes generally have lighter sentences than violent crimes or terrorism. But expect hefty fines and restitution in addition to jail time. Your lawyer can request minimum security or other considerations.
Dealing with the Fallout
The financial and emotional toll of being under federal investigation can be overwhelming. You may lose your job, house, friends, even family. Expect public backlash and media attention if your case is high profile.
See a therapist if you’re struggling with anxiety or depression. Join support groups of people who’ve been through similar situations. Lean on your lawyer, faith community, or other counselors to get perspective.
It may take years to rebuild reputation, finances, and personal life after the dust settles. Be patient with yourself and take it one day at a time. With the right legal support and personal resilience, you can get to the other side of even the most challenging federal investigation.