Pre-Indictment Investigations

Did you just discover that you are the subject of a federal criminal investigation?  This might occur if you recently spoke to a federal agent or you received a target letter.  Often this news can be earth shattering as many federal criminal offenses carry maximum sentences of 20 years to life in prison.

The next steps you take could be very important to how your investigation or case will be decided.  You should speak to an experienced federal criminal defense attorney prior to taking any action on your case including speaking to law enforcement.  

Hubbs Law handles all types of federal pre-indictment investigations including, but not limited to, white collar crimes, drug offenses, violent crimes, crimes against the government, sex offenses, and immigration related offenses.  

What is a Pre-Indictment Investigation?

A pre-indictment investigation simply refers to the investigation done by the investigative agency and the U.S. Attorney’s Office prior to the case going to a grand jury for indictment.  During this time, a law enforcement agency can generally speak to witnesses, subpoena records, analyze evidence, monitor electronic communications, and setup undercover surveillance.  

Pre-indictment investigations can take months or even years depending on the nature of the investigation.  After the investigation has concluded, the Assistant U.S. Attorney handling the case will then present the witness testimony and evidence to a grand jury which is comprised of 16 to 23 members of the community. 

If a minimum of 12 jurors find probable cause for the crime, then the grand jury will issue an indictment, which is sometimes called a “true bill”, against the defendant.  If no probable cause is found, the grand jury will issue a “no-bill”.  

What Should I Do if I Discover I am the Target of a Pre-Indictment Investigation?

You should call an attorney immediately.  The moment an individual discovers he or she is the subject of a pre-indictment investigation is a critical moment in the case.  Anything a potential suspect says to a law enforcement agent could be used against them in any future criminal proceeding.  Therefore, an individual who is being investigated should generally not make any statements to law enforcement without speaking to an attorney first.

An attorney could help during a pre-indictment investigation in several ways.  First, an attorney should be able to properly advise you on what to do, and more importantly, what not to do during an investigation.  Secondly, an attorney can communicate with law enforcement and the U.S. Attorney’s office without undermining the client’s right against self-incrimination.  

Communication can be vital during this important stage of a federal case as there could be options available to you that you might only be aware of with an attorney.  For example, in some cases, a client may have information that is valuable to the government in a similar or unrelated investigation.  

In certain cases, it could be in the client’s best interest to setup a “proffer” with the government where this information can be disclosed to the government without fear that the information would be used against the client.  However, such decisions must be carefully weighed with an attorney first.  

Find an Attorney for Pre-Indictment Investigations in Miami, FL

If you or a loved one discover that you are the subject of a pre-indictment investigation, give our office a call.  Hubbs Law attorney E.J. Hubbs has handled over 10,000 cases in his career and is board certified in criminal trial law.  He has the knowledge and experience necessary to attempt to achieve the best results on your case.  

Hubbs Law defends clients charged with all types of federal crimes in Miami and throughout Miami-Dade County, including Dadeland, Coral Gables, South Beach, Doral, Kendall, Cutler Bay, North Miami, South Miami, Pinecrest, Homestead, and anywhere else in the South Florida area.

At Hubbs Law, your first consultation is always free for any federal criminal charge.  Call us today to schedule your free consultation at (305) 570-4802.

Additional Resources

• Department of Justice (DOJ) – find information on the Department that sends formal target letters to targets of investigations and their investigative agencies.
• U.S. Attorney’s Office for the Southern District of Florida - find information about the agency that prosecutes federal crimes.
• District Court for the Southern District of Florida - find information for every court location in the Southern District of Florida, attorney information, case information, and judge information.
• Federal Bureau of Investigations (FBI) – The FBI is the law enforcement agency in charge of enforcing federal crimes including, but not limited to, terrorism, counterintelligence, corruption, cyber crime, civil rights violations, organized crime, white collar crime, violent crime, and more.
• United States Marshalls – the United States Marshalls are the law enforcement agency in charge of orders of providing courtroom security and executing fugitive arrest warrants.