Pre-Indictment Investigations

Communicating with Investigators

Our firm provides often invaluable assistance to clients who are the target of a criminal investigation by Federal or State law enforcement agencies but who have not yet been formally charged. It is never advisable for a person who is under investigation to speak to a law enforcement officer without the assistance of an experienced criminal defense attorney. It is often not advisable to do so at all. An experienced defense attorney can assist you with making an intelligent and informed decision about whether to speak to an investigator, and if so, provide invaluable assistance during the investigative process.

Pre-Indictment Plea Negotiation

In addition to assistance in dealing with investigators, an experienced defense attorney can also provide assistance with communicating and negotiating with the prosecutors in the United States Attorney’s office. It is most common for investigators to be communicating with the prosecutor who will eventually decide whether to bring charges to a grand jury and, if so, ultimately prosecute the case. It is not uncommon for federal prosecutors to send out target letters to suspects inviting them or their attorney, to contact them to discuss potential case resolution prior to indictment of charges.

Our attorneys have often been able to negotiate substantially less serious charges than what would have been brought absent any communication with the prosecutors office. Prosecutors are often willing to provide pre-indictment discovery to defense counsel in an effort to resolve cases in a compromise prior to the filing of charges. It has been our experience that it is often easier to negotiate less serious charges before charges are brought than to persuade the Government attorneys to drop more serious charges after they have been indicted. It is therefore often very important to retain an attorney earlier in the investigative process rather than later.

Assistance with Grand Jury Investigations

It is not uncommon for a person who may have information about a criminal investigation to receive a subpoena from a Federal or State Grand Jury to provide testimony about their knowledge or involvement in a case. These subpoenas are almost always initiated by the investigators and prosecutors involved with the investigation. It is never advisable in such a situation to provide testimony without first consulting with an experienced defense attorney even if you believe you have done nothing wrong. Our attorneys can assist in determining whether the potential witness is a suspect or target in the investigation, or whether testifying would potentially tend to incriminate the witness. If so, our attorney’s can assist our clients in exercising their constitutional right not to provide testimony to a grand jury and determine whether it is advisable to speak to prosecutors after a grant of immunity. Prosecutors are often willing to grant immunity in exchange for information helpful to their investigation. This can often be accomplished in a confidential manner which is often very important for practical reasons.

Assistance with Government Interviews and Proffers

Potential witnesses who have potential criminal liability themselves are often given the opportunity to speak to investigators and prosecutors in the context of immunity. These interviews, which are routinely conducted at Federal and State prosecutors offices across the country, are often referred to as proffer sessions or proffer interviews. An experienced defense attorney can assist a witness in such a situation in dealing with the prosecutors office both before and during the interview process to protect the client’s constitutional rights and try to avoid the bringing of charges or negotiate substantially less serious charges in exchange for the information. No potential witness should ever enter this process without the assistance of an attorney who has experience in dealing with this process.

Exercising the Right to Remain Silent

The constitutional right to remain silent is extremely broad. Depending on the circumstances, it is often the best choice for a target or suspect in a criminal investigation to do nothing but exercise their right to remain silent. We have had clients who have done so and then not be charged with any crime, or been acquitted after charges are brought when there is insufficient evidence of guilt. It is often a judgment call, in combination with a client’s general wishes, as to whether to cooperate with the Government in a criminal investigation. Making an intelligent decision in many circumstances requires the assistance of an attorney experienced in these matters.