The Department of Homeland Security’s Investigation Process

The Department of Homeland Security (DHS) is a federal agency. It preserves security in the United States through immigration, cybersecurity, and anti-terrorism work. DHS also helps in emergency response and disaster relief efforts. To do this, DHS investigates many different types of criminal behavior. Usually, the department focuses on high-level criminal offenses that pose a wide threat to American security.

What Crimes Does The Department of Homeland Security Investigate?

The Department of Homeland Security can investigate a wide range of crimes. Most of the crimes are extremely serious. Some examples include:

• Terrorism
• Human trafficking
• Drug crimes
• Cybercrime
• Financial crimes and money laundering
• White collar crimes
• Intellectual property crimes
• Human rights violations
• Weapons trafficking
• Transnational gangs

The department investigates these crimes through Homeland Security Investigations (HSI). HSI has access to other investigative agencies to help identify and prevent criminal activity.

Steps in the Investigation Process

Every DHS investigation begins with a tip or suspected threat. The department may learn of alleged criminal activity from an informant or another agency. Special agents conduct the investigation. A special agent will open a case and begin investigating the alleged criminal activity. They can use a variety of investigatory methods, including:

• Undercover surveillance
• Interviewing witnesses
• Canvassing neighborhoods
• Executing search warrants on places, phones, or computers
• Reviewing records
• Collecting photographs or video footage
• Arresting suspects

An investigation can take anywhere from a few months to years. Generally, more serious and complex criminal cases will take longer. That’s because the government needs to collect enough evidence to prosecute and prove the criminal offense. Anti-terrorism or transnational gang investigations, for example, are extremely complicated. Special agents often need to interview hundreds of people and weave together very complicated social webs, which takes time. The investigation process is very secretive. DHS doesn’t want to tip off anyone about the ongoing investigation and jeopardize their case. Many people who are prosecuted by the DHS aren’t even aware that they are being investigated.

Grand Jury Indictment

Once DHS has enough evidence, it will bring the case to a grand jury for indictment. A grand jury is a secret jury that evaluates probable cause. The jurors serve for a set period and listen to evidence from the police and arguments from the prosecutors. They must decide if there is probable cause to indict the suspect on the federal charges. Probable cause is a very low bar, and the grand jury often indicts. Just because someone is indicted doesn’t necessarily mean that they will be convicted. That’s because the standard to indict someone is lower than the standard for a conviction (i.e., beyond a reasonable doubt). In some cases, a suspect may be arrested before an indictment. In other cases, an arrest may follow the grand jury’s decision to indict. Then formal prosecution begins.

What Role Does a Lawyer Play in Department of Homeland Security Cases?

As with any criminal case, the defendant has the right to an attorney to represent them when facing federal charges. Anyone charged with a crime should hire a criminal defense attorney. The federal government has a lot of resources. You should expect a vigorous prosecution if you are facing federal charges. Your lawyer can explain the legal process and protect your constitutional rights. They can negotiate for a dismissal or reduction in the charges. If the prosecutor offers a plea deal, your lawyer will weigh the benefit and make a recommendation. Furthermore, your lawyer will review all of the evidence, keep track of deadlines, and help you prepare for trial. It is almost impossible to do this on your own without the help of an experienced advocate.

Contact the Texas Criminal Defense Attorneys at Barton & Associates Attorneys at Law. Call us at (210) 500 0000

For more information, please contact our San Antonio criminal defense law firm, Barton & Associates Attorneys at Law, at our offices located in Texas.

Barton & Associates Attorneys at Law, PLLC San Antonio 922 S Alamo St, San Antonio, TX 78205 (210) 500 0000

Barton & Associates Attorneys at Law, PLLC Corpus Christi 5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415 (361) 8006 780