Reading the early signs
Being contacted does not always mean you are the focus. Investigators talk to witnesses, to people they are unsure about, and to the person they suspect, and they do not always say which you are. Federal prosecutors use terms such as witness, subject, and target, and a target letter is a significant development. A request to come in and give your side is usually a request for evidence. You generally do not have to answer questions, and declining politely through a lawyer is common. If you do speak, knowingly making a false statement to investigators can itself be a crime. Investigators may also contact you informally, by phone or at home, and that conversation counts just as much as a formal interview.
What to avoid while it is open
Do not delete, edit, or discard messages, files, or devices, and do not ask anyone else to; doing so can lead to separate obstruction charges that are often simpler to prove than the original suspicion. Do not coordinate accounts with coworkers, friends, or others who may be interviewed, and do not contact possible witnesses about the facts. If a search warrant is executed, do not physically resist, ask for a copy, and do not consent to searches beyond what it allows. If your employer begins an internal review, remember that the company's lawyer represents the company, not you.
What counsel does before any charge
At this stage a lawyer can contact the investigators, learn what is being looked at, and find out your status where that is possible. Counsel handles responses to subpoenas and document requests, and protects privileged material in the process. In some matters it can make sense to provide information or meet with prosecutors under carefully negotiated terms, and in others it does not; that decision is made with counsel and not on the phone with a detective. If charges appear likely, counsel can often arrange a voluntary surrender rather than an arrest at home or at work.
