Having FBI agents suddenly show up at your door can be an intimidating and unsettling experience. Your mind may race with questions and uncertainty about why they want to talk to you and what it could mean. Try to stay calm. While the situation may feel alarming, there are some practical steps you can take to protect your rights and interests.
Get the basics about the visit
When the agents arrive, ask them to identify themselves by showing their credentials. Note their names and badge numbers. You should also ask why they want to speak with you and if you are compelled to talk to them or free to decline the interview. Agents may say you are not “in trouble” to get you to speak with them casually and provide more information than you intend. But remember – you have a Constitutional right to remain silent and can politely decline to speak with them.
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(212) 300-5196You can stop the questioning at any time
Even if you initially agree to talk, you can stop answering questions at any point and say you would like to consult with an attorney before continuing. FBI interviews can feel pressure-filled, but you control what information you provide. You have the right to protect yourself by stopping the discussion.
Todd Spodek
Lead Attorney & Founder
Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
Two FBI agents knocked on your door early on a Saturday morning, showed their badges, and said they wanted to ask you a few questions about a financial transaction linked to someone you used to work with. They seem friendly and tell you this will only take a few minutes and that you are not in any trouble.
Should I answer their questions since they said I'm not a target, or do I have the right to refuse to speak with them?
You have an absolute right under the Fifth Amendment to decline to answer any questions from FBI agents, regardless of whether they tell you that you are not a target. Politely but firmly tell the agents that you would like to speak with an attorney before answering any questions — this is not an admission of guilt, it is a constitutional protection. Be aware that under 18 U.S.C. § 1001, any false or misleading statement you make to a federal agent — even in a casual doorstep conversation — can be charged as a separate federal crime carrying up to five years in prison. Contact a criminal defense attorney immediately, as your status can change from witness to subject to target without warning, and anything you say in that doorway conversation can and will be used against you.
This is general information only. Contact us for advice specific to your situation.
