What to Expect During a Federal Criminal Investigation
All Insights
Criminal Defense
Federal Law
Investigations

What to Expect During a Federal Criminal Investigation

Michael Chen

Michael Chen

Partner - Criminal Defense

March 1, 20248 min read

What to Expect During a Federal Criminal Investigation

Learning that you're under federal investigation is one of the most frightening experiences imaginable. Understanding what to expect can help you make informed decisions during this critical time.

How Investigations Begin

Federal investigations typically start in one of several ways:

  • Whistleblower complaints
  • Suspicious Activity Reports from financial institutions
  • Referrals from other agencies
  • Grand jury investigations
  • Ongoing cases that implicate new targets
  • Signs You're Under Investigation

    You may not know you're being investigated until charges are filed. Warning signs include:

  • Colleagues or business associates being interviewed by federal agents
  • A search warrant executed on your business or home
  • Subpoenas for your records
  • Contact from federal agents requesting an interview
  • Your Rights

    **You have the right to remain silent.** This is perhaps the most important right you have. Anything you say to federal agents can and will be used against you.

    **You have the right to an attorney.** Exercise this right immediately. Do not speak to agents without counsel present.

    **You are not required to consent to searches.** If agents ask to search, politely decline and request to see a warrant.

    The Investigation Process

    Grand Jury

    Federal prosecutors use grand juries to gather evidence and issue indictments. Grand jury proceedings are secret, and you have no right to be present or have an attorney inside.

    Interviews and Interrogations

    Agents will attempt to interview witnesses and targets. Any statement you make, even if you believe it's exculpatory, can be used against you.

    Document Requests

    Expect subpoenas for documents, emails, financial records, and more. Work with your attorney to respond appropriately.

    What Happens Next

    Investigations can last months or years. Possible outcomes include:

  • No charges filed
  • Pre-indictment negotiations
  • Indictment and prosecution
  • Cooperation agreements
  • The Critical Importance of Early Representation

    The earlier you engage experienced criminal defense counsel, the better positioned you'll be. Pre-indictment intervention can sometimes prevent charges from being filed.

    Contact Hamilton & Pierce

    Our criminal defense team includes former federal prosecutors who understand both sides. Contact us immediately if you believe you're under investigation.

    Michael Chen

    About the Author

    Michael Chen

    Partner - Criminal Defense

    Former federal prosecutor with an unparalleled track record defending clients in high-profile criminal matters.