An arrest for federal charges can have significant consequences for a suspect’s family. However, what does a loved one’s federal criminal case mean for family members? Federal investigators may contact family members to discuss a loved one’s case. But can or should you talk to federal agents about a family member’s federal charges?
Why Federal Agents Contact Criminal Suspects’ Family Members
Some of the reasons why federal investigators may contact a suspect’s or defendant’s family and friends include:
- Gathering background information about the suspect or defendant
- Verifying employment, residency, or family and personal relationships
- Attempting to locate a suspect
- Seeking evidence and statements to build a criminal case
However, families should remember that federal agents have extensive training in criminal investigations, including questioning people to elicit information. As a result, federal agents never have “informal” conversations with family members of suspects or defendants, as they listen for any useful information and may steer a conversation towards topics that could provide them with information for an investigation or prosecution.
Do You Have to Talk to a Federal Agent?
Family members of suspects or defendants do not have to speak with federal investigators unless ordered to by a subpoena or court order. The Fifth Amendment privilege against self-incrimination allows people to decline to speak with law enforcement and refuse to answer questions that might incriminate them in an offense. Should family members agree to speak with federal agents, they can bring legal counsel with them. Furthermore, families can decline invitations to speak with agents until they have first consulted with legal counsel.
What Families Should Not Do
When you decide to speak with federal investigators about a loved one’s case, things you should not do include:
- Lying: Knowingly providing false information to federal agents may constitute a criminal offense. Even giving “half-truths” to protect a loved one could potentially lead to separate criminal charges for a family member who lies to federal agents.
- Guessing or speculating: Filling in details with guesses or speculations can harm a loved one’s defense, as statements that family members make to federal investigators may become evidence in the government’s case.
- Consenting to searches: When speaking with family members, agents may ask to come into or search the family’s home. Family members should not invite agents into their home or permit them to search areas of the home.
- Over-talking: Family members may feel compelled to “explain things” to protect their loved ones, but doing so may end up volunteering information that harms a loved one’s defense or strengthens the government’s case.
What Your Family Should Do
Things you should do if you agree to speak with federal agents about a family member’s case include:
- Ask the agents for identification if they come to your home, and confirm which agency they work for (e.g., FBI, DEA, IRS).
- Stay calm and professional
- Do not obstruct or interfere with the execution of a search warrant
- Clarify whether the agents intend to detain you or place you under arrest
Finally, you should contact a federal criminal defense attorney as soon as possible for advice on how to handle interactions with federal investigators.
Contact Our Forney Federal Criminal Defense Attorneys Today
When a family member faces a federal criminal investigation or indictment, you and your loved ones can best protect your family member’s interests by knowing how to handle conversations with federal investigators. Contact Guest & Grey today for a confidential consultation with a federal criminal defense lawyer to learn what you and your family should and should not do if federal agents ask to speak with you about your loved one’s federal charges.
