A federal criminal case begins with an investigation conducted by federal or state law enforcement agencies and prosecutors from the U.S. Attorney’s Office or the U.S Department of Justice. However, suspects in federal criminal investigations can make early mistakes that may jeopardize their rights and options. Knowing what pitfalls to avoid can protect your interests and help you seek a favorable resolution if you become the target of a federal investigation.
Mistake №1: Speaking to Federal Agents without Legal Counsel
Many people who become persons of interest or suspects in federal investigations mistakenly assume they can “talk their way” out of legal trouble or “clear things up” by cooperating with investigators. However, by the time that a person becomes a target or suspect in a criminal investigation, federal agents already have evidence that gives them reasonable suspicion about the person’s involvement in a federal crime. As a result, speaking to federal agents without legal counsel may lead to statements the agents may construe as an admission of guilt or as evidence that leads them to uncover additional evidence.
Mistake №2: Assuming That You Are not a “Target” of the Investigation
Federal agents may speak to people who play various roles in a criminal investigation, including witnesses, subjects, and targets. A witness is someone who investigators do not suspect of criminal activity but who may have relevant information for the case. A subject is someone investigators suspect of having committed criminal activity. Finally, a target is someone whom investigators have enough or almost enough evidence to charge with a crime. Although federal agents may contact or approach you in a friendly, non-threatening manner, you should not assume that means they do not suspect you of a crime. Agents may take a non-threatening approach to lull you into a false sense of security, so you feel encouraged to cooperate with the investigation.
Mistake №3: Destroying, Hiding, or Altering Evidence
When you learn that you have become a subject or target of a federal criminal investigation, you may panic and hide, alter, or destroy evidence of your guilt. For example, you may delete texts or emails, or burn or throw away physical evidence. However, federal agents have extensive experience reconstructing or tracking down hidden, altered, or destroyed evidence. Furthermore, tampering with evidence in any way may subject you to separate or additional criminal charges.
Mistake №4: Delaying Hiring a Federal Criminal Defense Attorney
When you learn that you have become a subject or target of a federal investigation or when federal agents contact you about an investigation, not seeking legal representation as soon as possible can jeopardize your rights and options. A federal criminal defense attorney can communicate with agents on your behalf to protect you from mistakes that you might make by speaking directly with investigators. An attorney can also review the facts and circumstances of your case to advise you of your potential legal exposure. Finally, a criminal defense lawyer can independently investigate to recover evidence and build a compelling defense case that can remove you from suspicion or put you in the best position to contest charges that federal prosecutors decide to file against you.
Mistake №5: Discussing the Investigation with Family and Friends
Finally, you should refrain from discussing the investigation or any other aspect of your case with family members or friends. Federal agents can subpoena your family or friends for testimony regarding what you discussed with them, allowing investigators to obtain damaging evidence against you.
Contact a Federal Criminal Defense Lawyer
When you become the subject of a federal law enforcement agency’s investigation, avoiding various mistakes can protect your rights and interests. Contact Guest & Gray today for a free, confidential consultation with a federal criminal defense attorney to learn more about the pitfalls to avoid when you become a target or suspect in a federal criminal investigation.
