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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 26328
Experience:  16 yrs. of experience including criminal law.
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My boss did something illegal and I dont know what. The FBI

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My boss did something illegal and I don't know what. The FBI has called me to court. Is it possible I can get in trouble for something my boss did?
Submitted: 11 months ago.
Category: Criminal Law
Expert:  P. Simmons replied 11 months ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Generally speaking it is NOT possible to get in trouble for the actions of another UNLESS you either

1. Conspired with them. If you knew about the illegal conduct and discussed with him on how he could best accomplish committing the crime, it may well be you are guilty of the crime of conspiracy.

and/or

2. Aided or abetted them: If you knew that he was thinking about committing a crime, and you encouraged him to do so, or if you knew he committed a crime and you helped him after the crime to prevent his being caught, that would be a crime.

If either of the above is true...or even if either of the above is not true but there is evidence that could suggest it be true? I would NOT talk to the FBI

You have no obligation to talk to the FBI. Period. You can politely refuse to speak to them. They have no power to compel you give a statement. Even if you are not a suspect, you can refuse to speak to the police.

Now...if you are summoned to court?

That is a separate matter.

If you are served with a subpoena you must respond to that subpoena.

And if the court orders you to testify, you are required to testify UNLESS testimony would incriminate you. In such a case you can invoke your right to remain silent, as provided for in the bill of rights of the Constitution.

BotXXXXX XXXXXne: You are not required to speak to the FBI

But you are required to respond to a subpoena to testify.

If they want you to testify in an manner that would incriminate yourself? You can invoke your right to remain silent.


Please let me know if you have more questions...happy to assist if I can
Customer: replied 11 months ago.

I received a voicemail saying I am being subpoenaed... But nothing else in writing anywhere. Can a subpoena being issued via voicemail?


 


Also I am out of state and just started a new job... Is it possible to speak to someone to letthem know i ddon't know anything andidn't have to travel and get off work?


 


I received three voicemails in one day but nothing in writing what do you recommend?


 


If I was being charged with something or suspected of something would they just issue a subpoena? Or what else would they do?


 

Expert:  P. Simmons replied 11 months ago.
A voicemail is not a subpoena. They have to serve you. If it is true (if there is a subpoena pending) you will get it in the mail or in person.

You can certainly contact the FBI to tell them you do not want to cooperate and testify...but if they get a subpoena, you need to comply with it, or they can toss you in jail for contempt.

I would wait to get the subpoena in the mail or in person..it is not effective until you receive it in the mail or in person

If you were being charged they would arrest you...they would not issue a subpoena. SO it sounds like you are a witness and not a suspect


Customer: replied 11 months ago.

Should I get an attorney before I receive the subpoena? What would I tell them?


 


How much notice do they need to give me out of state? Because I need to possibly make travel arrangements and ask off for work if they are really sending one.


 

Expert:  P. Simmons replied 11 months ago.
They are required to arrange travel for you. SO you will not need to make travel arrangements. If you get the subpoena it will have a phone number for the clerk of the court. Call them and they will arrange travel for you

You can hire a local attorney if you like, but if they issue a subpoena, the attorney is not going to be able to do much to help you...you will have to travel to the court and respond to the subpoena

Customer: replied 11 months ago.

Does it make sense to get an attorney to talk to the FBI FIRST before I go to court? I don't even know why he is on trial or what they want to ask me about or how they might trap me into saying something the wrong way.


 


Like should I make a deal with the FBI to make sure nothing I did accidentally gets interpreted wrongly? I want to cooperate but am scared.


 


Will the subpoena tell me the nature of the trial or why I am being called?


 


I knew my boss was not ethical but I didn't know he was doing things that were illegal. What if he says I did to get less time?

Expert:  P. Simmons replied 11 months ago.
You have to pay the attorney. And if the FBI want you to testify, there is not much an attorney can do to stop that. SO you can pay a lawyer to speak to the FBI, but not sure that is a good use of money.

HOWEVER...if you have any concern that you are a suspect? Then you absolutely should engage an attorney to help you through this mess.

P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 26328
Experience: 16 yrs. of experience including criminal law.
P. Simmons and 4 other Criminal Law Specialists are ready to help you

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