Few situations are as stressful—or as high stakes—as facing a federal criminal investigation. From the moment you’re contacted by federal agents or receive a grand jury subpoena, your response matters. Many people unknowingly make critical federal criminal investigation mistakes during these early stages, which can have lasting consequences.
One of the biggest keys to protecting yourself is understanding the importance of getting professional help from an experienced federal criminal defense attorney as early as possible. Unfortunately, many people make critical mistakes during this process that can lead to severe consequences. Here’s what you should avoid if you ever find yourself in the crosshairs of a federal investigation.
Speaking with Investigators Without Legal Representation
Are you assuming that full cooperation will speed things up and clear your name? While the intention may be good, one of the most common federal criminal investigation mistakes is believing that complete cooperation with federal agents will automatically work in your favor. This well-meaning approach can be dangerously naive without proper legal guidance.
Federal agents are not your friends helping you resolve whatever the problem is. They are trained professionals who gather evidence to use for prosecution. The feds document and analyze everything you say, and they can use your words against you.
Even if you are completely honest, you may inadvertently misspeak, or your stress and confusion may lead to you saying nothing, or handing over incomplete information. Those gaps can later be touted as intentional lies. Your version of events may not match up with documents or other witnesses, creating inconsistencies the investigators can seek to exploit.
You should always courteously refuse to answer questions until you have consulted your legal adviser. Knowing the right lawyer is important to protect your rights and exercise your right against self-incrimination.
The Evidence Destruction Trap
In moments of panic, some individuals believe they can avoid trouble by deleting emails or shredding documents—trying to erase anything that might be used against them. But attempting to conceal evidence is one of the most serious federal criminal investigation mistakes, often turning a difficult situation into a far more damaging legal battle.
Tampering with evidence is a separate federal crime, and can carry very serious penalties for you, even if the charge is very minor, or does not exist at all. Obstruction of justice offenses usually carry greater penalties than the original allegations. You could turn a stressful situation into your worst legal nightmare.
Moreover, due to today’s realities, destroying evidence is practically impossible. Digital forensics professionals will recover your deleted files, and the investigators usually have back copies from other sources. Whatever you try to conceal, the investigators will discover, and you will likely face new charges for trying to conceal evidence.
It is important to keep records because they will be your source of evidence to defend you. Your attorney will instruct you to keep these sensitive materials within limits, but also to create the best case possible.
Truth, Lies, and Legal Issues
Ever find yourself sitting in between a rock and a hard place where investigators are asking questions directly? You feel the pressure build, and giving false information to federal investigators is a criminal act pursuant to 18 U.S.C. § 1001. It is such an expansive statute and it also doesn’t require intent to deceive.
Even seemingly minor federal criminal investigation mistakes—like forgetting a date, confusing similar meetings, or estimating a dollar amount—can lead to serious consequences. What may appear to be an innocent error can easily be interpreted as an intentional omission, especially if it seems to benefit your position.
The law doesn’t care if your false statement was material to the investigation or that it otherwise did not impede the investigation. The fact remains that misleading or false information to federal agents, is seeking five years in prison time.
Now let’s talk about ignoring a grand jury subpoena, which opens a separate can of worms. People are charged with contempt, fined, or otherwise jailed, all for simply wishing a grand jury subpoena to go away. Consult your attorney regarding how to respond accurately and lawfully to any subpoenas or inquiries.
The Illusion of Privacy
What if you just wanted to talk to your support system just to feel better? Getting support from family and friends is human nature as you struggle through emotional chaos, however, discussing the investigation to another human being creates real legal hurdles. Unless it is with your attorney, those conversations are not confidential and they can become evidence against you.
Federal investigators can subpoena your support system to testify about what you said. Your spouse, best friend, or trusted colleague may be compelled to testify to your exact words. Worse is the idea that their recollection could vary from yours and create dissimilar recollections that prosecutors can harmfully exploit.
Social media postings present an additional confusing hazard. That frustrated tweet or worried Facebook status could also become an exhibit. Digital communications leave records that create permanent evidence, which can be produced at an investigative agency’s request from social media companies.
Even casual posts by other people tagging you in their activities or images, or just location data could give investigators full visibility of your activities, relationships, and mental state. Each interaction poses the chance of becoming potential evidence. Do not talk about your case with anyone other than your attorney.
Protect Yourself Through Smart Actions
A federal criminal investigation can be life-altering, but the best advice is to understand the ramifications of what’s commonly done while being the target of an investigation.
From remaining silent without counsel or representation with respect to consent and preservation of evidence, to understanding who you can trust, all of your actions during initial interactions will be critical.
And remember, one of the most common federal criminal investigation mistakes is waiting too long to seek legal counsel. The moment you suspect you might be under investigation, it’s crucial to consult an experienced federal criminal defense attorney.
Also Read: Qualities You Need to Consider When Hiring a Criminal Defense Lawyer
