Understanding Federal Target Letters: Insights from Houston Criminal Defense Attorneys

Understanding Federal Target Letters: Insights from Houston Criminal Defense Attorneys

By Brian Foley and Luis Baez, Houston Criminal Defense Attorneys, PLLC

In today's article, we delve into the world of federal target letters, a critical aspect of the legal system that many might encounter but few fully understand. As seasoned attorneys handling federal cases at Houston Criminal Defense Attorneys, we aim to shed light on what these letters mean and the steps you should take if you receive one.

What is a Federal Target Letter?

A target letter, as explained by our trial bureau chief and federal law expert, Luis Baez, is a formal notification from the Department of Justice, often sent by Assistant United States Attorneys (AUSAs). This letter indicates that you are under investigation and could potentially face federal charges. These letters are not confined to one jurisdiction but can come from various federal districts, like the Southern or Northern District of Texas.

Why Are Target Letters Sent?

Recently, there's been an uptick in target letters related to investigations from the Paycheck Protection Program (PPP) during the COVID-19 era, where fraud in loan applications is being scrutinized. Other common reasons include alleged fraud in Social Security or Medicare. Essentially, a target letter informs you that you might be facing federal charges in the near future.

The Implications of Receiving a Target Letter

Brian Foley likens receiving a target letter to getting an audit notice from the IRS – it's intimidating. Luis Baez agrees, emphasizing that anything federal should be taken seriously due to the significant implications. In federal cases, unlike state cases where the term "jail" might apply to misdemeanors, you're looking at "prison" for felonies with potentially longer confinement periods and stricter rules.

Federal vs. State Cases: Key Differences

Confinement: Federal cases often mean detention in prison rather than jail, with the possibility of detention during the entire case period.

Bond and Release: State cases might offer various bond options, but federal cases lean towards no bond or pretrial detention, determined by a specific hearing.

The Detention Hearing in Federal Cases

Upon receiving a charge after a target letter, the initial court setting includes a discussion on detention. If prosecutors seek detention, a hearing is held, where factors like the charge's severity, your criminal history, and potential flight risk are evaluated.

Can a Target Letter Lead to Charges?

Not necessarily. Luis Baez points out that receiving a target letter isn't a definitive sign of impending charges. It's an opportunity for your attorney to engage with the AUSA, potentially clarifying or mitigating your involvement or knowledge regarding the case. This interaction can sometimes prevent charges from being filed.

Next Steps If You Receive a Target Letter

Seek Legal Counsel: It's crucial to consult with a federal defense attorney. The target letter itself might suggest this step, offering options for legal representation if you can't afford one.

Understand Your Position: Use this time to understand your legal standing and prepare your defense, if necessary.

Conclusion

While receiving a target letter can be unnerving, it's not an automatic conviction. It's the start of a legal process where informed actions can significantly impact the outcome. For those in Houston or similar situations, we at Houston Criminal Defense Attorneys, PLLC, are here to guide you through these complex legal waters.