What Happens Before a Federal Indictment in Michigan
Most federal criminal cases begin with comprehensive investigations months or even years before anyone is charged. Agents gather records, interview witnesses, and present evidence to a grand jury, often without the person under investigation knowing the full picture. At Chapman, Dowling & Mallek, our Detroit federal criminal defense lawyers represent people during this pre-indictment stage, when there may still be an opportunity to influence the outcome and potentially avoid charges.
How Federal Investigations Begin
Federal cases often start with a tip, a referral from another agency, or a pattern found in financial or billing data. Agents from the FBI, IRS Criminal Investigation, HHS-OIG, or another agency may then:
- Request records through subpoenas
- Interview coworkers, patients, or business partners
- Execute search warrants at homes or offices
- Review bank, phone, and electronic records
Many people learn about an investigation only when agents show up at their door. You can decline to answer questions and ask to speak with a lawyer. Lying to a federal agent is a separate crime under 18 U.S.C. § 1001, even if no other charge is ever filed.
Are You a Witness, Subject, or Target?
Federal prosecutors generally place people in an investigation into one of three groups:
- Witness: Someone who has information but is not suspected of a crime
- Subject: Someone whose conduct falls within the scope of the investigation
- Target: Someone prosecutors believe there is substantial evidence against and who is likely to be charged
Your status can change as the investigation develops. A lawyer can ask prosecutors where you stand before you provide documents or testimony.
What Happens in a Federal Grand Jury?
In federal court, felony charges generally must be brought by grand jury indictment. In the Eastern District of Michigan, grand juries sit at the federal courthouse in downtown Detroit. A grand jury has 16 to 23 members, and at least 12 must agree to indict. The proceedings are secret, and the prosecutor decides what evidence the jurors see.
Witnesses cannot bring a lawyer into the grand jury room, but they can step out to consult with counsel. Some indictments are filed under seal, so a person may not learn they have been charged until they are arrested or asked to surrender.
Can Anything Be Done Before an Indictment?
In some cases, yes. Before charges are filed, defense counsel may be able to:
- Present information to prosecutors that undercuts their theory
- Negotiate the scope of a subpoena or interview
- Discuss whether a cooperation or proffer agreement makes sense
- Negotiate a resolution with fewer or lesser charges
- Arrange a voluntary surrender instead of an arrest
Not every case can be resolved before indictment, but prosecutors have the most flexibility before a grand jury votes.
How Long Can the Government Wait to Charge You?
Most federal crimes have a five-year statute of limitations. Some offenses have longer limits. Bank fraud, for example, generally gives the government 10 years to bring charges.
Talk With a Detroit Federal Criminal Defense Lawyer Before Charges Are Filed
If agents have contacted you, you have received a target letter, or you believe you are under investigation, early representation matters. Former federal prosecutor Ron Chapman leads our team. Call or text our 24-hour hotline at (346) 242-7626 or contact us online to schedule a free consultation.