If a federal agent has contacted you or you have received a subpoena, the label investigators place on you matters. Witness, subject and target describe very different levels of risk, and knowing which one applies can help you understand what is at stake before you say anything.
Understanding the difference between a witness, subject and target
A conspiracy allegation or a call from federal agents can put you in any of three groups, and prosecutors decide which one.
- Target: Someone the court has substantial evidence against and considers a likely defendant.
- Subject: Someone whose conduct falls within the investigation.
- Witness: Generally someone with information who is not suspected of wrongdoing.
Which label applies depends on how prosecutors see your role.
Recognizing how you might learn your status
There are a few ways you might find out your status:
- A grand jury subpoena may come with a notice of your rights, which Justice Department policy calls for when you are a target or subject.
- A prosecutor may send a target letter in some cases.
- An attorney may be able to ask the prosecutor directly.
None of these is guaranteed, however, and an agent who contacts you in person may not say which label applies.
Knowing why your status matters before you speak
Your status signals how much risk you face when you speak to investigators. They can use anything you say against you, even in a casual conversation, and lying to them about something important is a federal crime with a maximum sentence of five years, even when you are not under oath. Because your status can change, a witness today may become a subject or target later.
Why early legal guidance matters
Whether you face a conspiracy allegation, a serious felony investigation, or questions from federal agents, a federal criminal defense attorney can help you understand your status, communicate with prosecutors on your behalf, and consider your options before you answer questions.
If you are a professional or business owner, you may also have a reputation, a license or a company to protect, which can make that guidance especially valuable.