Federal Criminal Defense Attorneys in New York

Defense for Federal Government Investigations

A subpoena or a knock at the door is the moment to call counsel. Steven Brill defends targets, subjects, and witnesses before charges are filed.

  • Federal & state trial defense
  • Founding partner Steven Brill · since 2001
  • Free & confidential · 24/7

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The federal government has enormous power to investigate through grand jury subpoenas, wiretaps, and surveillance, and the decisions you make at the earliest stages can dictate how the rest of the case proceeds. Whether you are a target, a subject, or a witness, you have rights — including the Fifth Amendment right to remain silent and the right to move to quash a subpoena. Sullivan & Brill defends individuals and companies during federal investigations, before any charge is filed.

The federal government has enormous power to investigate individuals and companies. Its tools generally take the form of a wiretap, video surveillance, or the frequently used subpoena. An investigation often begins with a phone call or a knock at the door from a federal agent who wants to speak with you — or with a subpoena demanding business documents or your appearance before a grand jury. Either scenario is the moment to seek experienced federal criminal defense counsel.

Target, subject, or witness — the distinction matters

  • Target — a person the government believes committed a crime and may indict.
  • Subject — someone whose conduct is within the scope of the investigation.
  • Witness — a person with information but not (currently) in jeopardy.

Your status can change based on what you say and do, which is why early advice is so important — the goal is to keep your status from moving in the wrong direction.

Why the early stage decides the case

The decisions made at the outset of a federal investigation — whether to speak with agents, how to respond to a subpoena, what to produce — frequently dictate everything that follows. An unrepresented interview or an over-broad document production can create the very evidence the government needs. This is the stage where good counsel has the most leverage.

How Sullivan & Brill defends investigations

We investigate the cause for a subpoena, represent you in grand jury and agency proceedings, litigate motions to quash, and manage all contact with prosecutors so you do not make an unguarded statement. Where the facts allow, we engage the U.S. Attorney’s Office to head off charges entirely. If you have been served with a subpoena, contact us immediately. Related: securities fraud, case results.

Result: After more than two years of negotiations with the U.S. Attorney’s Office, Sullivan & Brill obtained a Pre-Trial Diversion agreement for a client originally charged in a federal conspiracy — an outcome that results in dismissal of the indictment once the conditions are met. We have also represented clients responding to SEC subpoenas, advising on production and appearing with them at testimony. Prior results do not guarantee a similar outcome.

Frequently asked questions

Federal agents want to “just talk.” Should I?

Not before you have counsel. Agents are trained and prepared, and an unrepresented conversation can itself become evidence. A lawyer can arrange any appropriate contact on terms that protect you.

Am I a target or a witness?

Those are different roles with very different risk, and status can shift with what you say. Counsel can often clarify your status with the government and work to keep it from moving against you.

Can I be charged even if I am only a witness now?

Yes — status can change. That is exactly why representation early, while you are still a witness or subject, matters so much.

Can an investigation be resolved before charges?

Sometimes. We engage prosecutors early and, where the facts allow, seek outcomes such as deferred or pre-trial diversion that avoid or dismiss charges.

Free & confidential · Available 24/7

Charged with a crime in New York? Talk to Steven Brill today.

The decisions you make early can shape the entire case. Get a free, confidential assessment of your charges and your options — no pressure, no obligation.

Call 212-566-1000 Request a Confidential Consultation