If you are involved in a federal investigation or have been charged with a federal crime, this can be much more stress-inducing than a smaller scale criminal investigation. Making sure your rights are protected and you handle your case or role in a case as correctly as possible is key. Having a criminal defense attorney that can walk you through every step of the case not only can protect you, but can help guide you in what not to do in this type of situation. Here are six things you should avoid doing if you might be under federal investigation.
1. Don’t Talk About Your Investigation
While you might be worried about a federal investigation you are involved in, where it might lead, or how this might impact your life, talking to friends and loved ones about your situation might actually exacerbate your case and cause more problems down the line. Anyone you speak with might be interviewed at a later date by those involved in the case, such as federal agents or prosecutors. Those close to you might be subpoenaed and asked testify at a grand jury. If your close circle doesn’t know all of the facts, they won’t feel compelled to hide evidence, lie on your behalf, or accidently twist or misinterpret things that were shared in confidence. They won’t know the whole story, so keep your facts to yourself to share with your trusted attorney who will have more overall information when it comes to your case.
2. Don’t Try to Handle the Criminal Process By Yourself
If you have been charged with a federal crime, are being investigated, or have been subpoenaed, these aren’t waters that you need to navigate on your own. Finding a criminal defense attorney that handles federal cases will not only protect your rights, but will ensure that you take the right steps at the right time throughout your case. Having a professional in your corner is the best way to have someone you can trust and confide in. Criminal attorneys will know how to move forward depending on your situation and what parts of a case will be necessary for you to disclose or be involved with.
3. Don’t Destroy Evidence
If you have been charged with a crime, your first instinct might be to get as far away from the evidence that situates you with a crime as possible. This might involve deleting emails, shredding documents, or removing computers and other items from your home. This will only make you look more guilty and convince others that you have something to hide. Run all evidence by your attorney. You might be overly anxious about things that actually wouldn’t bear much weight in court or can be explained by your attorney. If you are under federal investigation, chances are there is a paper trail already and by removing, hiding, or destroying evidence, you might be committing more of crime than what you were initially being investigated for.
4. Don’t Ignore Subpoenas
If you have been subpoenaed to testify, asked to come in for questions, or provide evidence for a federal case, ignoring these requests will not make them go away on their own. If you aren’t sure what you need to provide and what you can question further, your criminal attorney can help you look at a subpoena and ensure that you meet what is needed. You might be able to assert Fifth Amendment rights, but this isn’t always a catch-all and your attorney can provide counsel on what would be appropriate in court. Attorneys can also work to ensure that you provide enough details on their own for an investigation, which hopefully can keep you out of court completely. Sometimes when documentation is asked for, prosecutors might provide a vague or blanket statement based on what they are looking for. Your attorney can narrow this down and respond to find out exactly what prosecutors are looking for so you can comply without oversharing.
5. Don’t Meet With Federal Parties by Yourself
While federal agents working through an investigation can some off in a way that implies that if you help and do your part you will be off the hook, you might have a hard time handling questioning on your own without a lawyer to assist. You might not know if you are coming into a meeting viewed as a victim, a guilty party, or a witness, so don’t paint a story for agents if you don’t have to. Having an attorney present during any meeting with federal agents or prosecutors can protect you from misstepping in a stressful situation. It is important to remember that federal agents are working with prosecutors and you might accidentally self-implicate yourself or get more involved than needed. Your conversation will be recorded and reviewed, and if you come off as dishonest or even guilty, you might fall put yourself in the middle of an investigation you were only peripherally involved in. Your attorney can do the talking for you, let you know what to answer and what not to answer, and protect your rights in a high-stress meeting.
6. Don’t Lie to Federal Agents
While you might be nervous in an interview or interrogation involving agents, sticking to the facts and being as honest as possible is important. Lying can mean more than telling a falsehood, and could include stories not matching up with other accounts or facts or omitting facts. Talking to other witnesses to see of your memory matches up with theirs can be a crime as well. This doesn’t mean that you should share every detail or memory that comes to mind, but having your answers ready with your attorney. They can help you keep your thoughts in order and tell the most succinct facts asked of you. Lying to agents or a grand jury is a crime in and of itself and could hurt you more than the case at hand. Having a criminal attorney on your side can help you control your nerves, stay truthful, and be on-point while being questioned.
Being under federal investigation for a crime or being called to federal criminal court might be the most stressful thing one can go through. If you have discovered you are under investigation or subpoenaed to federal court, finding an attorney to help you navigate the process and help define exactly what is needed from you should be your first action. If you are looking for a criminal attorney to help with a case or for general advice, contact us to help.
Posted 25th June 2018 by DeVore Criminal Defense