An investigation can begin long before a charge is filed. A request for an interview, a search warrant, or a subpoena may all require prompt attention. The best response depends on the facts and the instrument involved; this overview is general information and not a substitute for advice about a specific matter.
Pause before responding
If law enforcement contacts you for an interview, it is sensible to understand your position before making statements. The Fifth Amendment protects against compelled self-incrimination, and the Sixth Amendment guarantees the assistance of counsel in criminal prosecutions. Those constitutional protections do not turn every contact into the same situation, so individualized advice matters.
Preserve records; do not alter them
Keep potentially relevant documents, devices, messages, and accounts intact. Do not delete, revise, backdate, or ask someone else to change records. Preservation is different from volunteering material: a lawyer can evaluate the scope and timing of any request and identify privilege or other issues.
Subpoenas and warrants are different
A subpoena generally calls for testimony or documents on a stated schedule. A search warrant authorizes a search or seizure under its terms. Neither should be ignored, and neither should be treated as a reason to guess what is required. Keep a copy of every document served and seek prompt legal review.
Practical next steps
- Write down who contacted you, when, and what was requested.
- Keep the original request, envelope, or warrant inventory.
- Avoid discussing the facts with coworkers or on social media.
- Get advice before consenting to an interview, search, or document production.