If federal agents contact you about a white-collar crime investigation or you’re served with a subpoena, the first step you should take is to hire an attorney. Early legal intervention can make a significant difference in how the case proceeds, regardless of whether you are ever charged with a crime. Skilled legal advice can help ensure your rights are protected at every stage of the investigation.
When federal agents contact you, it doesn’t necessarily mean you’re being accused of a crime. You may be the target of the investigation, or you may be a potential witness or a possible “subject” the government hasn’t decided whether to target. However, regardless of what the agents say, you should hire legal counsel to learn more about the nature of the investigation.
Your attorney can determine what crimes are being investigated, whether you are the target, and what information the agents want now or could ask for later. This is important to help ensure you do not reveal more information than you are required to provide and that the government is acting within the scope of its authority.
If you wait to hire an attorney because you think you’re only a witness or you don’t have anything to hide, you may inadvertently provide incriminating evidence that can be used against you.
You have the right to remain silent when you are under investigation, and it is best to do so until you have spoken to an attorney. It’s natural to want to be helpful and cooperate if you’re innocent, but statements you make or documents you provide without speaking to an attorney can end up damaging your case.
Consulting a lawyer from the start helps protect you from incriminating yourself. A lawyer can also challenge the government’s right to information on various grounds, including the 5th Amendment, or because the government’s request is overly broad or asking for irrelevant or privileged information. Once you’ve given them the information, it’s too late.
If you are going to cooperate with an investigation, it is often advantageous to do it early on. However, there are risks to this approach. You want an attorney to advise you whether it makes sense under your circumstances. For example, if you cooperate, a proffer agreement can be used to limit the impact of your testimony. In it, you and the agents agree that your statements cannot be used against you unless the agents find out the same information independently. However, it does not provide blanket immunity, and you could risk getting charged with other crimes, so you need guidance before signing.
Often, agents have an opinion on what happened in the case before they question you. The longer you wait to get an attorney, the more ingrained their viewpoint may become. Your lawyer can present them with arguments and facts that support your position, as well as challenge any actions they take outside their authority.
Your attorney’s role is to protect you and advocate on your behalf. Delaying hiring someone can seriously affect your case. If you are facing an investigation, consult an experienced white-collar crime attorney as soon as possible. Our firm has successfully handled a wide array of criminal cases. Contact us to learn how we can help.