Someone under investigation by federal agents from the FBI, IRS, DEA, ATF, or another federal investigative agency is up against highly trained and well-resourced professionals. Federal investigators mean business and can spend years compiling evidence and investigating their targets.
The objective of a federal investigation is indictment and prosecution by a U.S. Attorney’s Office on charges related to white-collar crime, terrorism, public corruption, organized crime, gang activity, internet-related crimes, drug trafficking, and other criminal acts. Federal investigators may take years to analyze and obtain the necessary evidence to press charges. However, the statute of limitations may limit how long they have to bring a charge. If you learn that the federal government is investigating you, you should take prompt action to protect your rights and, potentially, your freedom.
The New Jersey federal criminal defense attorneys at the Law Offices of Jonathan F. Marshall have the experience and strategic defense thinking needed to protect you from federal prosecution and advise you while you are under investigation. Call or fill out our online form today to set up a free and confidential legal consultation.
How Does a Federal Investigation Begin?
In most cases, a federal investigation begins after a crime is reported to federal authorities. The crime may be reported by an alleged victim, witness, or state or local law enforcement agency with evidence of a federal crime. In some cases, an investigative agent or analyst within a federal agency, such as the Internal Revenue Service (IRS), encounters evidence of a crime in the course of other duties.
A federal law enforcement agency will pursue an investigation to determine whether a federal offense has been committed and who did it. An agency may conduct a preliminary investigation to assess the validity of the initial report or evidence of a crime. Supervisors will review the results of that inquiry to determine whether a full investigation is warranted.
Sometimes, federal agents can quickly make an arrest. But in many cases, investigators must obtain documents, interview witnesses, conduct surveillance, execute search warrants, and otherwise compile and analyze evidence to determine whether the facts indicate the suspect’s guilt.
Once an investigation has concluded, either the case will be closed with no further action or a U.S. attorney will present investigators’ evidence to a grand jury and ask it to issue a charging document known as an indictment.
How Do You Know If the Feds Are Investigating You?
In many cases, there are signs that a federal government investigation is focused on you. You may learn you are under federal investigation via:
- A target letter, correspondence from the U.S. Attorney’s Office stating you are a target of a federal grand jury investigation
- A grand jury subpoena, a legal order compelling you to testify before the grand jury or deliver certain evidence (e.g., correspondence, corporate records, or photos)
- A search or arrest warrant, served upon you at home or at work
- Indications of surveillance, such as unfamiliar vehicles, people suddenly showing up repeatedly, or evidence that your phone has been tapped
- Frozen or seized assets, which may occur in the late stages of an investigation of financial crimes, such as embezzlement, fraud, or insider trading
- An indictment, a clear notice specifying your charges and the potential penalties
Any of the above may happen to you or someone you are associated with who reports it to you. At that point, you need to contact a defense attorney as soon as possible.
Statutes of Limitations in Federal Criminal Cases
Federal law establishes a general statute of limitations that says someone charged with a non-capital federal offense must be indicted within 5 years after the offense was committed, unless the law says otherwise. However, an indictment for any offense “punishable by death” may be filed at any time without limitation.
Additional statutes establish:
- 1-year statute of limitations for criminal contempt
- 3-year statute of limitations for violations of IRS laws, with some exceptions
- 8-year statute of limitations for certain non-capital terrorism offenses
- 10-year statute of limitations for certain financial institution offenses, including bank fraud and racketeering
- 10-year statute of limitations for certain violations of immigration law
- 10-year statute of limitations for certain non-capital arson or use of explosives offenses
- 20-year statute of limitations for theft of major artwork
What Can a Federal Criminal Defense Attorney Do to Help You?
You should contact a federal criminal defense attorney at the first hint of a federal investigation or charges against you. Federal criminal cases are often based on complex investigations and involve multiple charges, making it more difficult for the government to prove its allegations. You must understand what you’re up against, for better or worse, and have skilled and experienced legal representation.
In New Jersey, the Law Offices of Jonathan F. Marshall can investigate your case, including promptly reaching out to contacts with the U.S. Attorney’s Office. If your case is already before the grand jury, we may be able to negotiate to have you testify under a grant of immunity.
If charges cannot be avoided, we may be able to stop the government from filing the most serious charges under consideration. We can also start to build a defense for you.
If a trial is necessary, we will attack the government’s case from every angle to demonstrate that justice demands a not-guilty verdict.
Contact Our New Jersey Federal Crimes Defense Attorneys
Do not wait to respond to being investigated for federal crimes. An experienced federal criminal defense lawyer can determine the objective and scope of the government’s investigation and begin to advise you and protect your rights. An attorney’s early involvement may be able to put an end to a case that should not proceed.
Call or fill out our online form for a free legal consultation with the respected New Jersey criminal defense attorneys of the Law Offices of Jonathan F. Marshall. We can meet in any of our offices in New Jersey to outline how we’ll protect you from federal authorities.
Our team has over 200 years of combined legal experience to use for your benefit. One client says:
“We were referred to three lawyers and picked Jonathan to defend my case. This is the best move we could have made as Jonathan got us a result that was outstanding. He also communicated with us in an understanding manner, put the time into the case, and was also definitely skilled in his profession. Everyone seemed to know that he wasn’t the run of the mill guy when we walked into court, even the judge. The entire process was handled in a top shelf manner. Jonathan provided everything we needed in a rough time. I recommend him.”
Reach out today to find out how we can help you, too.
