The Investigation Phase of a Federal Case: What You Need to Know
The investigation phase of a federal case is arguably one of the most critical stages in the criminal justice process. During this phase, federal law enforcement agencies gather evidence to determine whether to pursue charges against an individual or group. Investigations can be extensive and involve multiple agencies, including the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Internal Revenue Service (IRS), and others. The outcome of the investigation often dictates the future of the case—whether charges will be filed or whether the target can avoid prosecution altogether.
At Hofland & Tomsheck, we understand the immense pressure and uncertainty that individuals face when they are the subject of a federal investigation. Having a skilled attorney like Josh Tomsheck, a Nationally Board Certified Criminal Lawyer, involved early in the process can be instrumental in protecting your rights, ensuring a fair investigation, and potentially preventing charges from ever being filed.
What Happens During the Investigation Phase?
The investigation phase is when law enforcement collects evidence, interviews witnesses, conducts surveillance, and uses various other techniques to determine whether a crime has been committed and who is responsible. Federal investigations can last for months or even years before any formal charges are brought. The process can include:
Questioning of Individuals: Federal agents may approach individuals they believe are involved in or have knowledge of a criminal activity. In many cases, the people questioned are not aware they are the focus of the investigation. What you say during these interactions can have a significant impact on the outcome of the case, which is why it is essential to have legal counsel before speaking with investigators.
Surveillance and Monitoring: Federal agents often conduct physical and electronic surveillance, including monitoring phone calls, emails, and internet activity. In some cases, undercover agents may be involved, posing as participants in the alleged criminal activity.
Search Warrants: If law enforcement believes there is probable cause that evidence of a crime exists in a particular location, they may obtain a search warrant from a judge. This allows them to search homes, businesses, vehicles, and other properties. The search process must comply with constitutional protections, particularly the Fourth Amendment, which guards against unreasonable searches and seizures.
Subpoenas for Documents and Records: Federal investigators can issue subpoenas to compel individuals, businesses, or other organizations to provide documents, records, or other materials that may be relevant to the investigation. This can include financial records, emails, contracts, or other forms of communication.
Cooperating Witnesses: In some cases, individuals involved in a crime may agree to cooperate with the government in exchange for leniency in their own cases. These cooperating witnesses can provide key information to law enforcement that may help further the investigation or lead to charges against others.
Why the Investigation Phase Is So Critical
The investigation phase is often where the foundation for the entire case is built. For those being investigated, it is also the point where they have the most control over the situation. If you suspect you are under investigation, or if federal agents have approached you or executed a search warrant, it is vital to take immediate action to protect your rights.
Early Legal Representation Can Make a Difference: Having an attorney involved early in the investigation can significantly affect the outcome. Your attorney can communicate with investigators on your behalf, advise you on whether to provide information or documents, and work to prevent you from making statements that could later be used against you.
Avoiding Charges: In some cases, early intervention by a skilled defense attorney can result in the avoidance of charges altogether. Your attorney may be able to demonstrate to the investigators that there is insufficient evidence to support the filing of charges or that you are not the intended target of the investigation.
Negotiating Cooperation: If you are involved in the alleged criminal activity, your attorney may be able to negotiate cooperation with the government in exchange for leniency. This can take the form of a proffer agreement, which allows you to provide information to the government while protecting you from certain charges.
How to Protect Yourself During a Federal Investigation
If you are the subject of a federal investigation, there are several steps you can take to protect your rights and minimize the risk of prosecution:
Contact an Attorney Immediately: The first and most important step is to contact a criminal defense attorney with experience in federal cases. The sooner you have legal representation, the better your chances of navigating the investigation without incriminating yourself or jeopardizing your defense.
Do Not Speak to Federal Agents Without Legal Counsel: While it may be tempting to cooperate with investigators in the hopes of clearing your name, anything you say can and will be used against you. Having your attorney present during questioning can help ensure that your rights are protected and that you do not accidentally say something that could harm your case.
Preserve Documents and Records: If you are aware that you are under investigation, do not destroy or alter any documents, records, or evidence. Tampering with evidence can result in additional charges for obstruction of justice, which can carry severe penalties.
Exercise Your Right to Remain Silent: The Fifth Amendment protects you from self-incrimination. You are not required to answer questions from law enforcement, and in many cases, it is in your best interest to remain silent until your attorney can guide you on the best course of action.
Be Aware of Surveillance: During a federal investigation, you may be under surveillance. Be mindful of your conversations, both in person and electronically, as federal agents may be monitoring your communications.
How Josh Tomsheck Can Help During the Investigation Phase
The investigation phase of a federal case is one of the most critical times to have a knowledgeable and experienced attorney like Josh Tomsheck on your side. With years of experience in defending clients in federal cases, Josh understands how investigations unfold and how to intervene early to protect your rights.
Former Prosecutor Experience: As a former prosecutor, Josh Tomsheck understands how law enforcement builds its case during the investigation phase. He knows what steps investigators are likely to take and can anticipate their strategies, giving you an advantage when it comes to preparing your defense.
Proactive Defense Strategies: By getting involved early in the investigation, Josh can develop proactive defense strategies that may help prevent charges from being filed. He will work to gather exculpatory evidence, challenge the government's actions, and negotiate with investigators when necessary.
Aggressive Protection of Your Rights: At Hofland & Tomsheck, we are dedicated to protecting our clients' constitutional rights throughout the investigation process. Whether it's challenging unlawful searches, protecting you during questioning, or ensuring the government adheres to the legal standards of evidence gathering, we will fight to protect your rights.
Schedule a Free, Confidential Consultation
If you believe you are the subject of a federal investigation, or if you have been contacted by federal agents, it is crucial to act quickly. Contact Hofland & Tomsheck today for a free, confidential consultation with Josh Tomsheck. We offer flexible consultation options, including in-person meetings, phone consultations, and Zoom sessions, to meet your needs during this critical time.
Call us at (702) 895-6760, or visit our office at 228 S. 4th Street, First Floor, Las Vegas, NV 89101, to discuss how we can help protect your rights and your future during a federal investigation.
