What to Do in the First 48 Hours After Receiving a Federal Target Letter

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What to Do in the First 48 Hours After Receiving a Federal Target Letter

By Jeffrey S. Weiner, P.A.

  |   Aug 03, 2026  |  News

A letter arrives from the U.S. Attorney’s Office with your name on it, and the word “target” sits somewhere in the first paragraph. Whatever was on your calendar for today is no longer your priority.

A federal target letter means a prosecutor already believes there is enough evidence to seek your indictment. It doesn’t mean you’ve been charged, and the case isn’t decided before it starts. What you do in the next two days, who you call, what you say, and what you preserve matters more than almost anything that happens afterward.

Jeffrey S. Weiner has stood next to people in exactly this moment for over 50 years. Call before you do anything else.

Key Takeaways

  • The U.S. Attorney’s Office sends a target letter once it already views you as a likely defendant, well before any indictment is filed
  • Saying nothing to investigators is standard advice. Attorneys give it to innocent clients and guilty ones alike
  • Deleting or altering files after the letter arrives can create a second federal charge separate from whatever is already under investigation
  • Most federal cases carry a five year deadline to bring charges, and that clock matters to your defense

If you’re facing a federal target letter or a grand jury investigation in Miami or South Florida, call Jeffrey S. Weiner, P.A. at (305) 670-9919. Available 24 hours a day, 7 days a week.

What a Federal Target Letter Means

A target letter tells you the government believes it already has substantial evidence linking you to a federal crime, and that a prosecutor considers you a likely defendant. It is a warning, not a conviction.

The Department of Justice’s own internal policy, outlined in the Justice Manual, encourages federal prosecutors to notify a target before seeking an indictment when doing so won’t compromise the investigation. That notice exists because a target still has the chance to respond before a grand jury votes. Some investigations end there. Others move to an indictment within weeks. Nothing about receiving the letter decides which one happens to you.

The First Call You Make After Receiving a Federal Target Letter

Now is not the time to call your accountant, business partner, or colleague who mentioned they went through something similar a few years back.

It is time to call an experienced federal target letter lawyer.

A federal target letter attorney reads a letter like this differently than you do, and picks up on details, deadlines, and phrasing that tell them more than the letter states outright. Jeff Weiner has argued in front of the United States Supreme Court and led the National Association of Criminal Defense Lawyers as its president. He has spent 50 years inside federal courtrooms across the Southern District of Florida and beyond. That first conversation, before you respond to anyone else, is where a defense either takes shape or loses ground it never gets back.

Say Nothing, Sign Nothing, Explain Nothing

Do not call the investigating agent to “clear things up.” Do not respond to the letter yourself. Do not explain your side of the story to anyone carrying a badge.

The Fifth Amendment protects you from being compelled to give testimony against yourself, and invoking that right is not evidence of guilt. It is the same protection a prosecutor’s own witnesses use every day. Hiring a lawyer doesn’t make you look guilty either. It makes you someone who understands that a federal case gets decided through deliberate moves, not through a hallway conversation with an agent who already has a theory of the case.

Protecting Documents Without Creating a New Federal Charge

The instinct to clean up files, close accounts, or delete old messages is common, and it’s dangerous. Once a target letter arrives, or even before one is sent, 18 U.S.C. § 1519 makes it a separate federal felony to alter, destroy, or conceal records connected to a federal matter. If you are convicted of this crime, you face up to 20 years in prison. The government doesn’t need to prove an investigation was formally open at the time you acted, only that you knew one was coming.

Three things to do instead:

  1. Stop any routine deletion, including automatic email or text purges
  2. Preserve devices, accounts, and physical files exactly as they are
  3. Let your attorney decide what gets reviewed, copied, or produced, and when

Frequently Asked Questions

Does getting a federal target letter mean I’ll be indicted?

No, a target letter isn’t a formal charge. It means a prosecutor already believes there’s substantial evidence against you, and some targets are never indicted at all. What happens next usually depends on what your attorney does in the first few weeks.

Can I just ignore the letter?

You’re not legally required to respond to the letter itself, though you are required to comply with any accompanying subpoena. Ignoring it doesn’t make the investigation stop, and it takes away the chance to have your attorney respond on your behalf while the government is still deciding what to do.

Do I have to testify if my letter invites me before the grand jury?

No, you can decline and assert your Fifth Amendment rights instead. Testifying means giving up that protection for good, so it’s a decision worth making with an attorney who already knows what the government has.

What happens in the 30 days after a target letter arrives?

Little happens outwardly. Federal prosecutors complete internal review before seeking an indictment, and most offenses carry a five year deadline under 18 U.S.C. § 3282. Outcomes range from negotiated resolutions to forfeiture, sentencing, or no indictment at all. 

Jeffrey S. Weiner, P.A.: Your Federal Criminal Defense Law Firm

A federal target letter puts you on notice of what the government already believes, and it hands you a real chance to shape what comes next. That chance is why the early moves matter more than the ones that come later.

If you are facing criminal charges or under investigation in South Florida, do not wait. Call Jeffrey S. Weiner, P.A. at (305) 670-9919 — available 24 hours a day, 7 days a week. Free initial consultations. All communications are confidential.

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