Truth: This is often an empty threat. Subpoenas aren’t automatic. If the government had enough for a subpoena, and if they really wanted to get one, they probably would have gotten it already, to use in case you refuse to cooperate. Even if the government get a subpoena issued, many subpoenas get ignored, especially when it comes to phone and internet records. The government uses a lot of empty threats:
- Your friends have told us everything, so you might as well come clean
- We know what you did and we have all the evidence we need
- We have witnesses who saw you (or heard you)
- We have your DNA
- We have all your old emails
- We have records of everything you’ve done on the internet
- This is your last chance to tell us your side of the story
Whether the statements are true or not, the investigators are trying to pressure you into saying something they can use against you. There is no good reason to talk to them without your attorney by your side.