Federal investigations can be slow and tedious. If you’ve recently found out that federal agents are looking into you or your business, one of the first questions you probably have is: How long do federal investigations take? The short answer is that it depends on your specific case and charges.
What to Expect When It Comes to the Length of a Federal Investigation
A federal investigation can last anywhere from a few months to several years, depending on the specific situation. The duration of a federal investigation is often limited by the applicable statute of limitations, which is typically five years for most federal offenses. The statute sets a legal deadline for prosecuting a federal offense, but for certain crimes, such as those punishable by death, there is no statute of limitations, and charges can be filed at any time.
Certain crimes, including some financial and terrorism-related offenses, have longer limitation periods. Ongoing activity or new evidence can also extend these timelines. If the statute of limitations for a particular federal crime has expired, the government generally cannot bring charges for that crime.
For ongoing crimes, such as conspiracies, the statute of limitations may not start until the conspiracy ends. Federal investigations can last for years, often extending to the length of the statute of limitations for the crime being investigated.
Federal investigations are often conducted in secret, and you may not be aware of the investigation until it is too late. In many cases, subjects may not know they are under investigation until federal agents arrive to make an arrest. Many things happen in the background before anyone ever receives a target letter, subpoena, or is arrested. In some cases, you may not even know an investigation exists until it’s over.
Because of this, a federal investigation’s length doesn’t necessarily reflect how serious the charges are. A long investigation can simply mean agents are gathering evidence or waiting on forensic analysis.
Key Stages of the Federal Investigation Process
When you know how the federal investigation process works, it can make the waiting less confusing. While every case is different, most follow a similar procedure for federal investigations.
Federal investigations are complex, multi-stage processes led by agencies such as the FBI or the IRS. When the federal government investigates, federal law enforcement agents are investigating potential violations of federal law. These agents have a large toolbox of investigative techniques at their disposal.
Investigations usually begin with a referral or tip. A federal agency, such as the FBI or IRS, may receive information from a whistleblower or another agency. Agents, such as those from the FBI or IRS, then begin looking for evidence and interviewing witnesses.
During a criminal investigation, agents gather evidence via interviews, surveillance, undercover operations, and search warrants. They may also start monitoring their suspects’ activities.
Next, the investigators and prosecutors may issue subpoenas, request search warrants, or initiate grand jury proceedings. Prosecutors present evidence to a grand jury to determine whether there is probable cause to bring formal charges. This stage can take months or longer.
If prosecutors believe they have enough evidence, they may request an indictment. Some investigations end here. Others close without charges, sometimes after years of review.
Factors That Can Extend or Shorten a Federal Investigation
Plenty of factors can influence how long an investigation lasts. Complex cases with reams of evidence or multiple defendants often take longer than simple cases involving a single defendant. Serious offenses like fraud or child exploitation often require longer, in-depth investigations.
Cooperation can also make a difference. When witnesses or targets provide information, prosecutors need to verify what they’ve learned. Parallel investigations (such as when there are civil or regulatory elements to the allegations) can also add time.
Federal agencies juggle many cases, and staffing or funding issues can delay progress. Many federal prosecutors prefer to wait until they believe the case is airtight before moving forward.
When to Contact a Dallas Federal Crime Lawyer During a Federal Investigation
You don’t need to wait for criminal charges to involve a Dallas federal crime lawyer. In fact, legal guidance can help during the investigation phase. Early representation from an experienced attorney can help you respond appropriately to requests and avoid unnecessary exposure.
A Texas criminal defense attorney will act in your best interests, advising you on the optimal course of action throughout the process. A lawyer will tell you whether cooperation or silence is better for your situation. Remember, once you make statements or produce documents, you can’t take them back.
If you’re dealing with a federal investigation in Texas, get help now. Broden & Mickelsen, LLP is based in Dallas and brings more than 60 years of combined criminal defense experience to federal cases. Our attorneys are board-certified by the Texas Board of Legal Specialization in criminal law and criminal appellate law. We handle cases at both the trial and appellate levels, including post-conviction matters.
Reach out to Broden & Mickelsen, LLP to discuss your case today.
