Is it okay if I talk to an investigator without my lawyer there?

No – you should never speak to a government investigator without legal counsel present, no matter how casual or friendly the interaction may seem. Whether it’s an in-person visit, a phone call, or even an email, investigators are trained to gather information that can be used in a criminal case — and they are not obligated to tell you whether you’re a target.

Many people mistakenly believe that cooperating will make them look innocent or help them avoid charges. In reality, even truthful statements can be misinterpreted or used to build a case against you, especially in complex white-collar investigations. Once you say something, you can’t take it back — and the conversation is almost certainly being recorded or documented.

Key risks of speaking without legal counsel include:

  • Making self-incriminating statements without realizing it
  • Providing partial or inconsistent information
  • Voluntarily giving investigators access to documents or digital devices
  • Waiving important legal rights without knowing it

Before answering any questions — even basic ones — politely decline and inform the investigator that your attorney will be in touch. Then contact a seasoned white-collar defense attorney immediately. At Simmons & Wagner, we understand the tactics investigators use and how quickly a “friendly” conversation can turn into a criminal case.

Your first call should be to us, not them.

(949) 439-5857