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What to Do When Confronted by Federal Law Enforcement

Federal law enforcement investigations can make a big splash in the news, from high-tech cybercrime investigations to major drug cartel busts. However, these headline-grabbing cases are the exception, not the rule. 

Federal investigations take place under many circumstances, and they can have serious and disruptive implications for the lives of those who are the subject of their scrutiny. 

So, what do you do if you find yourself in this situation?

While federal agents may not intend to involve innocent parties in a federal criminal investigation, it can and does happen. If you have been approached or confronted by federal law enforcement, your next steps are vital in protecting your future.  

Why do individuals get investigated, and what does it involve?

While suspicious incidents or behavior can trigger federal criminal investigations, the most common way individuals find themselves involved in a federal case is by being named by an informant or another third party. 

Federal investigations often result from irregularities in financial or reporting documents, particularly in white-collar crime investigations. For example, your name or company might be associated with a wire transfer in an investigation. Alternatively, your name could appear on an inconsistent report filed by another party, such as your place of business. 

Federal stings and wide-scope investigations are also common ways to initiate federal investigations. These investigations may involve multiple tactics, including undercover agents, confidential informants, interviews, and online investigations.

Federal law enforcement agencies have broad powers to investigate alleged criminal activities. Whether it is led by the Department of the Treasury, Drug Enforcement Agency (DEA), the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), or another federal agency, an investigation can involve:

These are complex operations, and if you have been confronted by federal law enforcement officers, it may come as a surprise. However, remember that you have rights, and it is important to exercise them fully early on during the investigation process. 

Four crucial steps to take if you are confronted by federal law enforcement 

Being contacted or approached by federal agents or officers can be intense and overwhelming. While it might be easier said than done, try to remain calm and collected.

Here are four crucial steps to take if you find yourself in this situation.

1. Exercise your right to remain silent

You are not required to answer questions or make statements without legal counsel present. Anything you say to federal agents could be used against you, so you must be careful what you say when they approach you.

Do I have to answer questions asked by law enforcement officers?

If the agents ask questions, respectfully assert your right to counsel before answering. However, you can ask the officers to explain why they have contacted you. This information can help you provide valuable context to your attorney.  However, if even that is too stressful for you, then better to simply ask the officers for their names and contact information so your attorney can reach out to them and get the information.

You might feel compelled to talk with the agents to appear cooperative or friendly. Some people assume this tactic makes them appear to have nothing to hide. However, conversations with law enforcement officers and federal agents, even seemingly casual ones, are not in your best interest. This is because federal investigative officers are trained to gather information from suspects and targets in any way they can.

The safest option is to invoke your right to remain silent until you have legal counsel present.

Should I record my encounter with federal law enforcement officers?

Depending on your circumstances, recording your encounter can be a helpful move, allowing you to document and gather evidence of your interaction.  You should know that federal law enforcement officers rarely record their encounters with you, so ultimately it becomes their word versus yours, which they customarily document in their report.  Of course, their report will document the interaction as they believe it occurred; another reason to limit any discussions with the law enforcement agent until counsel is present.

If you record your interaction, it must be done carefully and in compliance with state laws. Before recording any law enforcement officer, you should ask their permission for consent.  First, depending on the jurisdiction and its wiretapping laws, you may be required to inform the agents that you are recording them as you do not want to run afoul of any wiretapping laws.  Second, you want to avoid being accused of obstructing the officers or interfering with them. 

2. Talk with a New Jersey criminal defense attorney immediately

Contact a criminal lawyer as soon as possible after an encounter with federal law enforcement agents. If you are aware you could be under investigation, call an attorney immediately. 

An experienced criminal defense attorney can help you navigate the complexities of federal investigations and protect your rights, ensuring that your best interests are protected. 

While each investigation is unique, an attorney may work with you by:

Depending on how your case proceeds, they may also represent you in trial, negotiate with prosecutors, and more.

Remember, exercising your right to remain silent and speak to an attorney does not make you appear guilty. It is a fundamental right guaranteed by the Fifth Amendment of the United States Constitution. Working with a criminal defense attorney from the beginning can help you prevent self-incrimination and develop a comprehensive strategy to avoid or mitigate charges.

3. Understand the charges and potential penalties

In addition to seeking legal counsel, it is essential to educate yourself on the specific charges you may be facing and their potential penalties. 

Federal statutes are extensive and cover numerous areas of the law, but common federal investigations people face include:

When you understand the specifics of the federal charges at hand, you can collaborate more effectively with your attorney and make more informed decisions about your defense strategy. It is also vital because understanding the charges and penalties gives you a clearer sense of what is at stake.

Understanding the specifics of federal charges is critical because these charges often carry more severe penalties than state charges. Federal offenses can result in severe fines, lengthy prison sentences, and other serious consequences.

Furthermore, the federal criminal justice system has unique procedures and rules that will influence one’s defense strategy. For example, federal courts do not have bail bond schedules, and the process of obtaining bail may be more difficult. Federal sentencing guidelines are also unique, and judges may exercise more discretion in federal cases.

4. Be proactive about protecting your personal affairs

If you are aware you are being investigated by federal law enforcement, begin preparing for an indictment. While your attorney should work vigorously to help you plan accordingly for your specific situation, there are steps you may consider taking in the event you are charged with a federal crime. 

These steps include, but are not limited to:

The best source of legal information is always your attorney. If you have questions or concerns, contact your lawyer for guidance. Never assume anything when dealing with federal law enforcement agents. 

Facing a federal investigation? Our New Jersey criminal defense attorneys are here to help.

Our attorneys at Dughi, Hewit & Domalewski have extensive experience in a wide range of criminal matters. We will guide you through every aspect of your criminal case while aggressively working to protect your rights.

If you have been criminally charged or are under investigation by a government agency, contact our office to schedule a consultation with a New Jersey criminal attorney.

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