Facing a federal accusation? It’s probably one of the most stressful and overwhelming experiences a person can go through. For Ohio residents, the weight of the federal justice system can feel overwhelming. In these moments of high anxiety, it is incredibly easy to make mistakes that can severely damage your defense.
This article outlines the most common pitfalls and explains how a calm, strategic approach is your best defense.
Don't Talk to Investigators Without Counsel
This is, by far, the most crucial mistake people make. When a federal agent (such as an FBI, DEA, or IRS agent) approaches you for questioning, they are not there to help you or gather information to clear your name—they are building a case against you.
- The Problem: Anything you say can and will be used against you. Even a seemingly innocent statement can be misinterpreted or used to establish "knowledge" or "intent" later in court.
- The Solution: Politely and firmly assert your Fifth Amendment right (remain silent) and your Sixth Amendment right (ask for an attorney). State, "I will not answer any questions without my attorney present." Then, stop talking.
Don't Tamper with Evidence
In a panic, some individuals attempt to destroy, hide, or alter documents, electronic devices, or other potential evidence. This is a severe mistake that transforms a potentially defensible case into one with guaranteed additional charges.
- Obstruction of Justice: Tampering with evidence is a separate federal crime, known as obstruction of justice. If you are caught, you will face charges for both the original crime and the new charge of obstruction, making a favorable resolution nearly impossible.
- The Rule: Assume that federal investigators can find everything. Do not delete emails, destroy hard drives, or throw away paperwork. The risk of separate, serious charges is never worth it.
Don't Assume State Experience is Enough
Federal court is an entirely different world from the Ohio state court system. The rules of evidence, sentencing guidelines, jury selection, and investigative powers are vastly different and significantly more complex.
- Higher Stakes: Federal crimes often carry much harsher mandatory minimum sentences than state crimes.
- Specialized Knowledge is Key: A defense attorney who excels in state OVI or misdemeanor cases may not have the specific experience needed to navigate complex federal statutes, such as those involving white-collar crime, drug trafficking, or wire fraud. You need an attorney with specific, proven federal defense experience.
Don't Discuss Your Case with Anyone Except Your Lawyer
Once you retain a federal defense attorney, you must treat all communications about your case—even with family and friends—as if they are being recorded.
- No Attorney-Client Privilege: Conversations with your spouse, family, or friends are not protected by attorney-client privilege.
- Social Media Blackout: Avoid all discussion, commentary, or even vague references to your legal situation on social media, texts, and emails. Assume that federal prosecutors will request and review every one of your digital communications.
Take the First Step Toward Your Defense
If you are an Ohio resident facing federal charges, the time to act is immediately. Your best defense begins with hiring a legal team that understands the gravity and complexity of the federal system.
Don't let panic lead to critical missteps that jeopardize your freedom. Take control of the situation and secure experienced representation. Contact the Law Office of Damian A. Billak today for a confidential consultation. Call us now at (330) 862-8582.