Being the subject of a federal investigation can be one of the most stressful and high-stakes experiences of your life. Whether you’ve received a federal target letter, been contacted by an FBI agent, or simply suspect you’re under scrutiny, knowing how to respond can make all the difference. As a federal criminal defense attorney based in Birmingham, Alabama, I’ve represented clients throughout the state and across the country in serious federal matters—from white-collar fraud to drug trafficking. Here are the top 10 things you need to know if you find yourself under federal investigation.
1. You Might Be a Target, Subject, or Witness
Federal investigations typically categorize individuals into three roles:
- Target: The government believes you committed a crime.
- Subject: You’re under scrutiny but not yet considered culpable.
- Witness: You may have useful information, but you’re not accused.
Even if you’re “just a witness,” you need to consult a lawyer before speaking to agents.
2. You Don’t Have to Talk to Federal Agents
Whether the FBI, DEA, IRS, ATF, or another agency knocks on your door, remember this:
You are not required to answer their questions.
You may politely say:
“I’m happy to speak with you, but I want to talk to my lawyer first.”
Do not lie, but do not feel obligated to explain anything. Silence is not guilt—it’s a right.
3. Never Destroy Evidence
Destroying documents, deleting files, or instructing others to do so can turn a weak investigation into a strong obstruction case. If the government discovers you altered or destroyed evidence, even if you didn’t commit the underlying crime, you could face serious federal charges for obstruction of justice.
4. You May Be Under Surveillance
If you suspect you’re under investigation, assume your communications may be monitored. Investigators often get court-approved wiretaps or monitor your online activity. Avoid discussing the case on:
- Phone calls
- Texts or emails
- Social media
- Jail calls (especially if someone’s already been arrested)
Even innocent conversations can be misinterpreted or taken out of context.
5. A Target Letter Is a Serious Warning
If you’ve received a target letter, it means the federal government believes it has enough evidence to indict you but is giving you an opportunity to respond before formal charges are filed.
👉 Read our full blog: What Is a Federal Target Letter and What Should You Do?
6. Hiring a Federal Criminal Lawyer Early Helps You
The earlier you involve a lawyer, the more options you have:
- Your attorney may negotiate to avoid charges.
- You may be able to correct misunderstandings before indictment.
- You can prepare a strong defense in case charges are filed.
At our firm, we help clients pre-charge—which means before anything is filed in court—so you’re not caught off guard.
7. Federal Cases Move Fast After Indictment
Once you’re indicted, the federal clock ticks quickly:
- You’ll be arrested or summoned.
- Your arraignment usually occurs within days.
- Detention hearings determine if you’ll be held or released.
- Discovery moves fast, and trial can follow in a matter of months.
That’s why early preparation and experienced representation matter.
8. Federal Sentencing Guidelines Are Harsh
Even first-time offenders face significant prison time under the U.S. Sentencing Guidelines. These guidelines are complex and unforgiving, and they consider:
- The nature of the offense (e.g., loss amount in fraud cases)
- Criminal history
- Role in the offense (leader vs. minor participant)
- Acceptance of responsibility
A skilled lawyer can challenge enhancements and argue for downward departures.
9. Cooperation Comes with Risks
You may be offered the chance to “cooperate” in exchange for leniency. However, cooperation must be:
- Voluntary
- Truthful
- Valuable to the government
False or incomplete cooperation can backfire. And once you become a cooperator, your safety, freedom, and future are in the government’s hands.
Never agree to cooperate without a seasoned federal defense lawyer protecting your interests.
10. Federal Investigations Can Take Months—or Years
Many federal investigations develop quietly over time. Just because you haven’t been charged doesn’t mean you’re in the clear. Sometimes agents wait to build a complete case, often involving multiple defendants or organizations, before bringing charges.
Don’t let the delay give you false confidence. Take any indication of investigation seriously from day one.
Bonus Tip: Don’t Try to Handle This Alone
Federal investigators are trained professionals. Federal prosecutors have extensive resources. You deserve an advocate who knows the system, understands the U.S. Sentencing Guidelines, and knows how to push back against powerful agencies.
At The Law Offices of Johnathan L. Williams, LLC, we defend clients across Alabama in complex federal cases—from fraud to conspiracy to drug charges. Our Birmingham-based practice has deep experience handling pre-indictment negotiations, grand jury representation, and aggressive federal trial defense.
Take the Next Step
If you believe you’re under federal investigation, don’t wait until it’s too late. Contact our office today for a confidential consultation.
📞 Call: (205) 573-4752
🌐 Visit: https://johnathanlwilliams.com