Are You a Target?

If federal authorities set their sights on someone for prosecution, a series of events take place. For the target, it can be one of the most unsettling and confusing chapters of their life.

I understand that stress personally, because more than three decades ago, my own poor decisions led me into the federal criminal justice system. While incarcerated, I began developing a body of work to teach others what I learned while going through the process. I encourage each person to research and learn. Rather than rely on so-called experts, research steps yhou can take and use all your critical thinking skills to architect a plan that will lead you to the best possible outcome. Consider the following information as a starting point for your research.

The Federal Precharge Investigation

Federal prosecutions usually begin with a precharge investigation. During this phase, federal agents, prosecutors, and sometimes grand juries gather evidence to determine whether there is probable cause for an indictment. This stage could involve investigations into charges such as white-collar offenses, fraud, drug-related crimes, or other federal violations.

In my case, the DEA didn't arrest me until August 11, 1987. Yet their investigation began many months previously, perhaps longer than a year previously. The investigators and prosecutors worked methodically, gathering evidence and building a case that would lead to my indictment. I didn't understand anything, and my ignorance led to poor decision making.

If investigators are building a case against you, take the time to learn. The decisions you make during this critical period can profoundly impact the trajectory of your life. Unfortunately, many people don’t fully understand this phase, which often leads them to make avoidable mistakes. I made many bad decisions that led to a sentence that was far longer than it had to be.

Before my arrest, I didn't take have any idea how the system worked. Without an understanding of the system, I foolishly listened to others who told me what I wanted to hear, rather than what I needed to hear. My complacency led to my making a series of very bad decisions. I knew that I was guilty, but I chose to proceed through trial, and even committed the additional crime of perjury when I took the witness stand and testified falsely in my defense.

Through our nonprofit, we offer daily content with hopes of helping others make better decisions. In the same way that you shouldn't ask a barber if you need a haircut, you shouldn't rely on others who have a vested interest in your outcome. If you make the wrong decision out of ignorance, you may expose yourself to a much longer sentence, and you may not consider off ramps that could potentially lead to a better outcome. Do your own research before it’s too late.

Mistakes to Avoid During a Federal Investigation

Over the years, I’ve observed how people’s actions can either mitigate or deepen their legal challenges. The mistakes I made certainly exposed me to a much longer sentence. Consider the most common and damaging mistakes people make during the federal precharge phase:

1. Ignoring the Problem: Pretending nothing is happening won’t make the situation go away. Federal investigators work quietly but persistently. By the time they knock on your door, they likely already have significant evidence. Ignoring the issue only weakens your position.
2. Destroying or Altering Evidence: Any attempt to conceal or tamper with evidence can lead to additional charges, such as obstruction of justice. Even minor acts of deception can damage your credibility with prosecutors and worsen your legal situation exponentially.
3. Choosing the Wrong Attorney: Hiring a lawyer who lacks experience in federal cases is a mistake I’ve seen too often. Federal prosecutions differ significantly from state-level cases. An experienced federal defense attorney understands these nuances and can help you take advantage of opportunities to mitigate the situation.

A Proactive Approach

Being proactive during the precharge phase begins with research. Take steps to learn every phase of the system, from how prosecutors bring charges, to how you can build a mitigation strategy, to the costs of litigation, to family matters, to future income strategies, and so forth. Build a body of work that you may use to demonstrate credibility, accountability, and good faith. Prosecutors are more likely to consider less severe options or alternative resolutions for individuals who approach the process constructively.

Why Being Proactive Matters 

From my experience, proactive efforts at the earliest stage can lead to significant benefits, such as:

• Preserving crucial evidence that strengthens your defense.
• Conducting independent investigations to uncover exculpatory information.
• Building credibility with investigators and prosecutors, potentially influencing their decisions.
• Potentially persuading prosecutors to bring a non-prosecution agreement, or a deferred prosecution agreement.

Taking control of the situation early helps you and your defense team shape the narrative and prepare for what’s ahead. Don't be an ostrich. Use all your critical thinking skills to learn about the journey ahead.

Build Credibility and Accountability

If you suspect that prosecutors may charge you with violating the law, stop immediately. Owning up to mistakes and taking corrective steps gives you a better chance of demonstrating genuine remorse and accountability. Get a good understanding of the statutes you may have violated, the elements of the offense, and what potential downside you face. Develop a plan, considering which actions will lead you closer to the best outcome. Actions like these carry weight:

• Making Restitution: If you owe money, begin steps toward repayment.
• Undergoing Counseling: If your actions stemmed from deeper issues, get help.
• Community Contributions: Show a pattern of positive actions that reflect accountability.

These steps won’t erase the situation, but they may help prosecutors perceive you as someone striving to make things right.

Assemble the Right Defense Team

One of the most important decisions you’ll make is choosing the right legal representation. A skilled federal defense lawyer will guide you through every stage of the process, from initial interactions with investigators to crafting a compelling defense strategy.

Our team at Prison Professors has worked many law firms, and know many people who've hired defense attorneys with good outcomes. A good attorney is your ally and advocate during what may be the most challenging period of your life. Do your research completely, and make sure that you don't hire someone who has the best website. Develop a plan that addresses all possibilities, including steps you'll take at self-advocacy if a conviction follows.

Actions to Strengthen Your Defense

Taking intentional steps now can make all the difference in your case. Here are actionable steps to get started:

1. Act Without Delay: Engage legal counsel as soon as you suspect you’re under investigation. Waiting for formal charges will only leave your defense at a disadvantage. Do not be afraid to work with the federal defenders office. Exceptional attorneys devote careers to work with federal defenders, but you must do your part to prepare.   
2. Preserve Evidence: Collect and maintain all records, emails, files, and other materials. What seems insignificant now may later prove critical to your defense. Start building a journal to record all that you remembers. Although you may have details of your intentions and actions, you'll have to interact with others who are starting from ground zero.
3. Be Transparent with Your Attorney: Your attorney can only help you if they have the full picture. Be honest about your situation and provide all necessary details. Do not minimize your misconduct. Your conversations with counsel should be covered by attorney-client confidentiality, but if you omit information, you may put yourself at a disadvantage.
4. Highlight Positive Actions: Keep records of your professional achievements, community involvement, and personal development efforts. Show who you are beyond the scope of the allegations. Consider proactive steps you can take going forward, always with an eye on positioning yourself for the highest level of liberty at the soonest possible time.
5. Surround Yourself with Support: The mental and emotional toll of a federal investigation can be overwhelming. Build a supportive network of family, friends, and trusted advisors to help you stay focused.

Facing the possibility of federal prosecution will overwhelm anyone. To avoid common mistakes, learn as much as possible. Take proactive steps to arm yourself with information that will give you a basic understanding of the judicial process, and steps you can take to influence a better outcome.

At Prison Professors, we know that:

“Preparation brings confidence. Confidence creates opportunity. Opportunity turns adversity into triumph.” 

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