What is a Target Letter?

What is a target letter, and does this mean that you need a lawyer? A target letter is typically issued by either the United States Department of Justice (DOJ) or by the United States Attorney’s Office, and most often in relation to an investigation being conducted by the Federal Bureau of Investigation (FBI). Receiving a target letter can certainly mean, as it does in many cases, that you are under federal investigation for a criminal offense. However, a target letter can be used to subpoena you as a witness, requiring you to testify in a federal criminal case, which may not always result in federal charges. Our federal criminal defense attorneys can explain the difference in more detail below, and we can help you to understand the next steps you should take after receiving a target letter.

Two Types of Target Letters

There are two general types of target letters a person can receive from the federal government, usually from the DOJ or US Attorney’s Office:

• 1) Target letter that subpoenas you to testify as a witness before a grand jury (and who may later be charged with a criminal offense); or
• 2) Target letter that informs you that you are under federal investigation and are likely going to be indicted for a federal criminal offense by a grand jury.

There is no constitutional requirement that you receive a target letter when you are under federal investigation, but the DOJ does require that a target letter be sent to anyone in the first category above — a witness being subpoenaed to testify.

You Should Hire a Lawyer After Receiving Either Type of Target Letter

Although the first type of target letter does not necessarily mean that you will be indicted, it is important to know that the DOJ’s “sample target letter” for witnesses being subpoenaed to testify before a grand jury are typically informed in the final paragraph of the letter:

“You are advised that you are a target of the Grand Jury’s investigation. You may refuse to answer any question if a truthful answer to that question would tend to incriminate you. Anything you do or say may be used against you in a subsequent legal proceeding. If you have retained counsel, who represents you personally, the Grand Jury will permit you a reasonable opportunity to step outside the Grand Jury room and confer with counsel if you desire.”

You might recognize that language as part of your constitutional right to have an attorney and to avoid self-incrimination, which a person is typically advised of upon arrest with a Miranda warning. You should exercise your rights immediately and hire a lawyer if you have received any target letter.

Contact a Tampa Criminal Defense Lawyer for Help When You Are Being Investigated for a Criminal Offense by the Federal Government 

If you have received a target letter, now is the time to seek legal counsel — not when you are called to appear before a grand jury or when you are indicted. As we discussed above, as soon as you know that you are being investigated for a federal crime, it is essential to begin working on a defense. An experienced Tampa federal criminal defense attorney at the Law Offices of Daniel J. Fernandez, P.A. can speak with you today to learn more about the investigation in which you have been targeted, and we can begin to build a strong defense strategy that is based on the specific facts of your case. Contact our firm to discuss the details of your target letter and to seek advice from our lawyers who have extensive experience handling federal criminal defenses.

Source:

justice.gov/archives/jm/criminal-resource-manual-160-sample-target-letter