Written by the lawyers who fight these cases.
Target letters, subpoenas, proffers, sentencing - practical answers for people actively facing these decisions, published from the defense desk.
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DOJ Target Letters
Read the article: DOJ Target LettersYou received a target letter from the U.S. Attorney’s office. You’re freaked out. You Googled “What should I do if I received a target letter?” and you’re now…
FIG. - THE DEFENSE DESK
Latest from the desk.
Federal · White collar · Process
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Non-Custodial FBI Interviews: Do I Have Rights?
Read →: Non-Custodial FBI Interviews: Do I Have Rights?The Gap Between Belief and Protection Your rights during a non-custodial FBI interview are fewer than you imagine, more consequential than you…
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Can Federal Agents Lie During Interrogations?
Read →: Can Federal Agents Lie During Interrogations?Federal agents are permitted to lie to you during an interrogation, and the legal authority for that permission is older than most…
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When Does Miranda Apply in Federal Criminal Cases?
Read →: When Does Miranda Apply in Federal Criminal Cases?Miranda does not protect most people who need it in federal criminal cases, because it does not apply at the moment they…
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Miranda Rights & Federal Interviews
Read →: Miranda Rights & Federal InterviewsThe Silence That Costs Nothing Miranda v. Arizona protects less than most people believe, and it protects it later than they expect.…
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Should I Cooperate with an FBI Investigation?
Read →: Should I Cooperate with an FBI Investigation?Cooperation is not a binary. It is a sequence of smaller decisions, each carrying its own risk, and the first one is…
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Do FBI Agents Have to Read Me My Miranda Rights?
Read →: Do FBI Agents Have to Read Me My Miranda Rights?The answer is no, not always, and the circumstances under which the obligation does not apply are far more common than most…
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Miranda Rights & Federal Interview
Read →: Miranda Rights & Federal InterviewThe Interview That Is Not an Interrogation Federal agents do not read Miranda warnings during most of the interviews that produce criminal…
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How to Tell If the FBI Is Building a Case Against You
Read →: How to Tell If the FBI Is Building a Case Against YouThe Architecture of a Federal Investigation The federal government does not announce its interest in you. The investigation, if one exists, began…
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Federal Embezzlement Charges and Penalties
Read →: Federal Embezzlement Charges and PenaltiesThe crime is complete before the defendant understands it as a crime. Under federal law, embezzlement does not require a plan to…
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Federal Identity Theft and Fraud Charges
Read →: Federal Identity Theft and Fraud ChargesA federal identity theft prosecution ends, in most cases, with a guilty plea. The arithmetic of mandatory consecutive sentences renders the alternative…
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Can I Travel If I'm Under Federal Investigation?
Read →: Can I Travel If I'm Under Federal Investigation?Can I Travel If I Am Under Federal Investigation? The Right You Already Have and the Mistake You Are About to Make…
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FBI Investigation vs. Arrest: Understanding the Process
Read →: FBI Investigation vs. Arrest: Understanding the ProcessThe federal investigation concluded months before the arrest. That is the sentence most practitioners in this area wish their clients had understood…
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