A target letter is a letter from a federal prosecutor telling a person that they are a "target" of a grand jury investigation: someone the prosecutor has substantial evidence linking to a crime and views as a likely defendant. It is a warning that charges are being considered. It is not a charge (Justice Manual 9-11.151, 9-11.153).
Why do federal prosecutors send target letters?
The practice comes from the Justice Manual, the Justice Department’s internal policy guide. When a target has not been called before the grand jury and has not asked to testify, the prosecutor “in appropriate cases, is encouraged to notify such person a reasonable time before seeking an indictment” (JM 9-11.153). The Manual says notice is not appropriate in routine clear cases, or when it might risk flight, the destruction or fabrication of evidence, danger to witnesses, or undue delay.
It is a practice, not a right. The Justice Manual is internal policy and does not give anyone an enforceable right to a letter. Many people are charged without ever getting one. The letter usually comes from the U.S. Attorney’s Office or a Justice Department division. People often call it an “FBI target letter” or a “DEA target letter” because it names the agency investigating, but under the Manual the notice is the prosecutor’s.
What does a target letter usually say?
Letters differ from office to office. They often:
- say that the person is a target of a federal grand jury investigation;
- name the federal laws that may have been broken, sometimes with the general subject;
- include or reflect the Department’s Advice of Rights: you may refuse to answer questions that would tend to incriminate you, and anything you say may be used against you (JM 9-11.151);
- invite the person, or their lawyer, to contact the prosecutor by a certain date.
Read any deadline in the letter carefully and give it to your lawyer right away.
Target, subject or witness: which one are you?
A target is a person the prosecutor or grand jury has substantial evidence linking to a crime and who, in the prosecutor’s judgment, is a putative defendant. A subject is a person whose conduct is within the scope of the grand jury’s investigation (JM 9-11.151). A witness, in everyday use, is anyone else called to give evidence; the Manual does not define that term. Status can change in either direction. Our page on the federal grand jury explains subpoenas, the Fifth Amendment and immunity in more detail.
What does a target letter mean, and what doesn’t it mean?
- It means the prosecutor believes there is substantial evidence linking you to a crime and is considering charges.
- It does not mean you have been charged, that you will be charged, or that you are guilty. A felony case can go forward only on a grand jury indictment, or on an information if you agree to one (Fed. R. Crim. P. 7(a), (b)).
- It can change. If someone is no longer a target, the U.S. Attorney has discretion to tell them, but such a notice does not prevent the investigation from being reopened later (JM 9-11.155).
How long from a target letter to an indictment?
There is no fixed time, and no one can predict it for a particular case. The Justice Manual speaks only of notice “a reasonable time before seeking an indictment” (JM 9-11.153). Some targets are indicted soon after, some much later, and some never. The usual outer limit is the statute of limitations, which for most federal crimes is 5 years after the offense (18 U.S.C. § 3282(a)), with longer periods for some crimes. Our federal investigations guide lists the main exceptions.
What are your options after a target letter?
In general terms, the first step is to have a federal criminal defense lawyer read the letter before anyone responds to it. The lawyer can contact the prosecutor, learn more about the investigation, and discuss options such as declining to talk, providing information through counsel, or, in some cases, a proffer or grand jury testimony. Each has risks, and the right choice depends on the facts.
Don’t contact the agents or the witnesses yourself to talk about the case, and don’t delete, change or throw away any records or devices. Trying to influence a witness’s testimony and destroying records to impede a federal investigation are separate federal crimes (18 U.S.C. § 1512(b); 18 U.S.C. § 1519).
Should you speak with the agents if you got a target letter?
You don’t have to (U.S. Const. amend. V). Anything you say can be used against you. A knowingly false statement to a federal agent about a material fact is a separate crime with a maximum of 5 years in prison, even when you are not under oath (18 U.S.C. § 1001; see our false statements and perjury guide). Agents who come to your home for a voluntary interview may not give Miranda warnings, because those are required only for questioning in custody (Miranda v. Arizona, 384 U.S. 436 (1966)). You can politely decline and tell them your lawyer will be in touch.
How can Criminal Center help after a target letter?
If you or someone you love has received a target letter, a lawyer can respond to the prosecutor, explain the options and their risks, and protect your rights during the rest of the investigation. Criminal Center is a boutique federal criminal defense firm. We take on a limited number of cases at a time, so each one gets close, personal attention. See also federal criminal defense for how we work at each stage.
Book a consultation and tell us what happened.
Common questions about target letters
What is a target letter?
It is a letter from a federal prosecutor telling a person that they are a target of a grand jury investigation. Under the Justice Manual, a target is a person the prosecutor or grand jury has substantial evidence linking to a crime and who, in the prosecutor's judgment, is a putative defendant (Justice Manual 9-11.151). The Manual encourages prosecutors, in appropriate cases, to notify a target a reasonable time before seeking an indictment (Justice Manual 9-11.153).
How long after a target letter is an indictment?
There is no fixed time. The Justice Manual speaks only of notice "a reasonable time before seeking an indictment" (Justice Manual 9-11.153), and some targets are never indicted. The outer limit is usually the statute of limitations, which for most federal crimes is 5 years from the offense (18 U.S.C. § 3282(a)).
What happens after you get a target letter?
It depends on the case. The investigation usually continues, and the prosecutor may later present an indictment to the grand jury, keep investigating, or decide not to charge. Prosecutors are told to seek a target's voluntary appearance first, and to subpoena a target only with the approval of the U.S. Attorney or the responsible Assistant Attorney General (Justice Manual 9-11.150). If someone stops being a target, the U.S. Attorney may, but need not, tell them, and that notice doesn't stop the investigation from being reopened (Justice Manual 9-11.155).
Should I talk to the agents if I got a target letter?
You don't have to. Anyone questioned by federal agents has a constitutional right not to answer (U.S. Const. amend. V). Anything a target says can be used against them, and a knowingly false statement to a federal agent is a separate crime with a maximum of 5 years in prison, even when not under oath (18 U.S.C. § 1001). Many people have a lawyer respond to the prosecutor instead of speaking to agents themselves.
Sources
- Justice Manual 9-11.150 to 9-11.155 (targets, subjects and notification)
- U.S. Constitution, Fifth Amendment
- 18 U.S.C. § 1001 (false statements)
- 18 U.S.C. § 1512 (tampering with a witness)
- 18 U.S.C. § 1519 (destruction, alteration or falsification of records)
- 18 U.S.C. § 3282 (general 5-year limitations period)
- Miranda v. Arizona, 384 U.S. 436 (1966)
Rules checked against these sources on October 19, 2026. This page is general information about federal law, not legal advice for any case.