I Am Under Federal Investigation. What Should I Do?
WHAT SHOULD I DO?
Every day, throughout the United States, Americans learn for the first time that they are under criminal investigation by the federal government. Learning this fact is terrifying. But if you happen to find yourself in this precarious spot, what should you do?
First, do not panic. Remember that expending energy on fear and anxiety will do nothing to help your situation. It will only make it worse by causing you mental suffering that can paralyze you from action. Instead, ground yourself in a stoic reality that you need to focus only on the things in your control that can help you through the investigation. Once your mind is right, take action.
Reach out to an attorney who has a strong background with federal investigations and federal criminal prosecutions. You can use the internet and the Michigan State Bar website (michbar.org) to do so. You can also use the federal courts “Pacer” website (you can open an account for free) then search the attorney’s name that you are considering hiring. You should find someone whose name appears on multiple federal cases.
When you obtain counsel, follow the steps that your federal criminal defense attorney will likely advise, such as the following. Assume for your own protection that anyone you are speaking to, including longtime friends or business partners, are recording you. So often criminal defendants are shocked by the people the government has been able to turn against them. The feds are extremely good at finding pressure points to force people to cooperate, even against their closest friends and family members.
Another action you should take is to decide not answer any questions from police without your attorney with you. Remember that it is almost never in your interest to speak to law enforcement officers without your attorney. It is your absolute right under the Constitution to not answer police questions. And you can decline doing so in a polite way, telling the officer, “I would be happy to answer your questions, but I want my lawyer with me when I do.” Do not assume that it will make the police think you are guilty. You are not the first person to take this position and they will see that you are being smart by asserting your rights. That is exactly what they would do in your position, since the police know how the justice system works. Once you have an attorney, refer all law enforcement questions to your attorney.
The reason you should not talk to the police without your attorney is that everything you say will ultimately be used against you in court to prove your guilt. In the case where you are factually innocent, your answers to police questions can still be turned against you if the prosecution does not agree that you are innocent (this happens more times than you may think). Remember that, absent an exigent situation, i.e., someone’s safety is in imminent harm, there is nothing good that can come from agreeing to be questioned by police without your attorney. Don’t feel guilty about asserting your right to remain silent. Know that you are being smart and using the tools that our founding fathers provided in the Fifth Amendment.
Once you have an attorney, refer all law enforcement questions to your attorney. Your attorney will come up with a plan of action. There are a number of important steps your attorney can take prior to your being charged (indicted) that could either prevent your charging or make it far less severe. But make sure that your attorney has a plan. The idea of “waiting to see what happens” is not a plan. Being proactive can mean the difference between charges or no charges, or diversion or federal prison.
Lastly, remember that, as catastrophically bad as your mind makes you think your situation is, it is still just a temporary situation, a “rough patch of road” on your life’s journey. You will get through it and move on to a smoother path, just as everyone else in your situation has.
Finding the right federal defense attorney will make it a lot easier.
