What to do if FBI is investigating you?

What to Do If the FBI Is Investigating You

Getting that knock on your door from an FBI agent can be scary. Your mind races about why they want to talk to you and what you should do. Try to stay calm. You have rights in this situation. Here’s some advice on how to handle yourself if the FBI comes knocking.

Don’t Panic

Easier said than done, right? But seriously, take a few deep breaths. The FBI investigates a lot of things, so try not to jump to conclusions. Their interest in you doesn’t necessarily mean you’re guilty of anything. Get your wits about you before deciding how to proceed.

Don’t Talk Without a Lawyer

You have the right to remain silent and you should use it. Be polite to the agents, but say you won’t answer questions without your attorney present. Anything you say can potentially be used against you, so keep your mouth shut. Let your lawyer do the talking.

Get a Lawyer ASAP

If FBI agents want to ask you questions, it means you need legal counsel immediately. Don’t delay. Call a criminal defense attorney with experience dealing with federal cases. They can advise you on how to move forward.

Don’t Discuss the Case with Anyone

The FBI will likely interview your family, friends and colleagues at some point. Don’t discuss the case with any of them, as it could come back to bite you. Let your lawyer coordinate any communication about the investigation. Mum’s the word for now.

Review the Warrant Carefully

If the agents have a warrant to search your home or office, read it carefully. Check that it’s signed by a judge and specifies exactly what the FBI is looking for. Observe the search to ensure agents don’t exceed the warrant’s scope.

Don’t Resist the Search

If the FBI has a valid warrant, you must comply with the search. Interfering or obstructing their investigation will only land you in more legal hot water. But don’t volunteer anything either – keep your mouth shut.

Don’t Consent to a Search

If agents want to search your property without a warrant, politely decline to give consent. Make it clear you do not agree to a search without a warrant. Shut the door if needed.

Secure Your Digital Devices

If the FBI is searching your home or office, collect cell phones, laptops, tablets, and external hard drives and secure them. These contain highly personal information. Discuss with your lawyer how to protect your digital privacy.

Review Any Documents Carefully Before Signing

If asked to sign anything – a statement, a consent form, a confession – read it carefully with your lawyer before putting pen to paper. Don’t sign anything you don’t understand. Get your lawyer’s green light first.

Ask for the Agents’ Credentials

Always verify that anyone claiming to be FBI is the real deal. Ask to see their credentials – including badge and photo ID – and note their names and contact info. All agents must provide this upon request.

Don’t Lie or Mislead the FBI

Lying to federal agents is a crime in itself. Don’t make false statements, obstruct justice, destroy evidence, or otherwise mislead the investigation. Be cooperative without incriminating yourself.

Consider Recording Interactions

If legal in your state, consider discreetly recording any conversations with FBI agents. This creates an objective record of what was said. But consult your lawyer first about whether this is advisable.

Ask if You Are Under Arrest

If agents suggest you accompany them somewhere, ask “Am I under arrest?” If not, politely decline. If you are arrested, you have additional rights, so it’s important to clarify.

Don’t Attempt to Contact Agents

Don’t try to set up a meeting with agents or otherwise reach out to them about the investigation. Anything you say can be used against you. Let your lawyer be the intermediary.

Consider Testifying Before a Grand Jury

If called before a grand jury, discuss with your attorney whether or not testifying would be beneficial. In some cases it is advisable to testify and tell your side of the story. Your lawyer can guide you.

Don’t Go on the Run

Resist the urge to flee the country or go into hiding. Not only will this drastically complicate your life, but it is a separate criminal offense that will make your situation exponentially worse. Face the charges strategically.

Weigh the Pros and Cons of Cooperating

Prosecutors may pressure you to provide evidence against others or take a plea deal in exchange for a lighter sentence. Carefully weigh the pros and cons of cooperation with your lawyer before making a decision.

Be Selective About Who You Hire

A run-of-the-mill defense lawyer won’t cut it here. You need someone highly experienced with federal cases and investigations. Don’t just go with the first lawyer you find – do your research to find the best.

Expect Your Finances to Be Scrutinized

Your bank accounts, taxes, investments, property records and credit history will likely be combed over for any irregularities. Now is the time to get your financial house in order, with guidance from your lawyer.

Understand the Power Dynamics

Federal prosecutors wield immense power. The odds are stacked against you. Never forget that or let your guard down. Follow your lawyer’s advice to counterbalance the power imbalance.

Expect Trick Questions

FBI agents are highly trained in interrogation methods. Expect curveball questions meant to trip you up. Always pause and think before responding. If in doubt, say you won’t answer without your lawyer.

Stay Strong and Patient

The wheels of justice turn slowly. Investigations and trials can drag on. It will be a marathon, not a sprint. Pace yourself for the long haul, both legally and emotionally. This too shall pass.

Having the FBI show up on your doorstep can be jarring, but exercising your rights and promptly getting legal representation will serve you well. Listen to your lawyer, keep calm, and don’t say anything to agents without counsel present. With strategic preparation, you can get through an investigation intact.

[1] https://www.fbi.gov/about/faqs/what-does-the-fbi-do-with-information-and-evidence-gathered-during-an-investigation
[2] https://federal-lawyer.com/what-should-i-do-if-i-am-under-federal-investigation/amp/
[3] https://www.fbi.gov/investigate
[4] https://www.fbi.gov/about/faqs
[5] https://tips.fbi.gov
[6] https://www.burnhamgorokhov.com/criminal-defense-resources/federal-criminal-process/federal-investigations-what-everyone-should-know