The Most Common Mistakes Defendants Make in a Federal Investigation
When federal agents show up, every choice you make matters. Most defendants don’t realize that the things they say—or don’t do—gets noted by probation officers, prosecutors, and judges.
Here are the five mistakes I see most often.
Mistake #1: Selling Yourself Instead of Building Proof
Defendants often sit in front of investigators, probation officers, or judges and start listing the “good things” they’ve done:
- “I cooperated.”
- “I paid the money back.”
- “I’ve never even had a parking ticket.”
The problem: words without evidence don’t persuade. Judges expect your lawyer to present cooperation, restitution, and background. If you try to sell it yourself, it sounds defensive and self-serving.
What works: documented proof of effort, introduced strategically by counsel.
Mistake #2: Blowing Off the Probation Interview
The pre-sentence interview is not a formality. It’s one of the most influential steps in the process. Probation officers write the Pre-Sentence Report (PSR), and judges rely heavily on it.
According to the U.S. Sentencing Commission, over 90% of federal judges cite the PSR as one of the most important documents in their sentencing decisions (USSC, Report on Federal Sentencing Practices).
I once spoke with someone who had driven hours to see me after sentencing. Their probation interview lasted only 15 minutes. They hadn’t prepared. The probation officer recommended a longer sentence.
The lesson: you don’t get a second chance. Preparation and documentation matter here more than in almost any other setting.
Mistake #3: Ignoring Your Network Until It’s Too Late
A last-minute request—“Hey, I’m going to prison, will you write me a letter?”—doesn’t carry weight. If you’ve been absent for two years, don’t expect your network to show up in your defense.
Building a record means growing relationships now:
- Re-engage with professional contacts.
- Reconnect with community groups.
- Ask for mentorship, not just letters.
The Sentencing Commission has also reported that community ties and strong third-party validation can contribute to reduced sentencing outcomes, but only when developed and documented early.
Mistake #4: Not Working While “Working”
During an investigation, your actions create a second record—the one judges look for when deciding if you’re more than your offense.
That record can show:
- Consistent lawful employment.
- Tax compliance.
- Volunteer activity or community involvement.
Judges weigh “the history and characteristics of the defendant” under 18 U.S.C. § 3553(a). If all you present is income from the same industry tied to your offense, you’re not building a credible record.
Mistake #5: Wasting Time Before Sentencing
This one cost me personally. While my lawyer was negotiating a plea, the U.S. Attorney said, “I’m preparing for trial. I’ll be back in four months.”
I treated those four months as a break. I did nothing.
By the time I stood in front of Judge Wilson, I had no documented proof to counter the government’s view of me. Judges read what’s in the record, not what’s in your head.
The Pew Charitable Trusts has found that defendants who fail to prepare during investigations are more likely to face collateral consequences after release, including higher unemployment and licensing restrictions (Pew, 2023). Every day without preparation is a day wasted.
Q&A: Federal Investigation Mistakes
Q: What’s the most damaging mistake?
Wasting time. Every day is a chance to influence prosecutors, probation, or the judge. Silence in your file hurts you.
Q: Can a probation interview really affect sentencing?
Yes. Over 90% of judges cite the PSR as central to sentencing. A weak or unprepared interview shapes the entire report.
Q: Why shouldn’t I tell the judge all the good things I’ve done?
Because without documentation, it sounds like excuses. Judges expect facts supported by evidence, not self-promotion.
Steps to Take Now if You’re Under Investigation
- Prepare for your probation interview – Treat it like the hearing before the hearing.
- Document a new record – Employment, taxes, volunteering—prove you’re moving forward.
- Engage your network early – Letters, mentorship, community involvement.
- Use every day – Don’t wait for sentencing. Every action adds to your record.
Most defendants lose ground not because of one big mistake, but because of a series of small ones: wasted time, ignored interviews, and empty promises. Every day counts.
Join our Tuesday webinar at 11AM Pacific / 2PM Eastern, or schedule a personal call to learn how to prepare before sentencing.
Justin Paperny
Director – White Collar Advice
