How to defend myself against the Secret Service?
So, you’ve just received a call from the Secret Service. Your heart is racing; your palms are sweaty. A million thoughts are running through your head: “What did I do wrong? Am I in trouble? What’s going to happen to me?”First off, take a deep breath. You’re not alone. Many people find themselves in this situation every year. And while it’s certainly a serious matter, there are steps you can take to protect yourself and your rights.
Contents
- 1 Understanding the Secret Service
- 2 Your Rights When Dealing with the Secret Service
- 3 You Have the Right to Remain Silent
- 4 You Have the Right to an Attorney
- 5 You Have the Right to Refuse a Search
- 6 What to Do When Contacted by the Secret Service
- 7 Don’t Panic
- 8 Don’t Talk to Them
- 9 Contact an Attorney Immediately
- 10 Don’t Destroy Any Evidence
- 11 Be Prepared for the Worst
- 12 Potential Defenses Against Secret Service Charges
- 13 Lack of Intent
- 14 Insufficient Evidence
- 15 Violation of Your Rights
- 16 Entrapment
- 17 Real-Life Examples
- 18 Example 1: The Counterfeit Cashier
- 19 Example 2: The Identity Thief
- 20 Frequently Asked Questions
- 21 What should I do if the Secret Service comes to my door?
- 22 Can the Secret Service arrest me?
- 23 How long does a Secret Service investigation take?
- 24 What are the penalties for crimes investigated by the Secret Service?
- 25 Should I cooperate with the Secret Service?
Understanding the Secret Service
Before we dive into what to do, let’s take a moment to understand who the Secret Service is and what they do. The United States Secret Service is a federal law enforcement agency under the Department of Homeland Security. While they’re best known for protecting the President and other high-ranking officials, they also investigate a wide range of financial crimes, including:
- Counterfeiting of U.S. currency
- Financial institution fraud
- Computer and telecommunications fraud
- False identification documents
- Access device fraud

So if you’re being contacted by the Secret Service, it likely means you’re being investigated for one of these crimes.
Your Rights When Dealing with the Secret Service
It’s important to understand your rights when interacting with any law enforcement agency, including the Secret Service. Here are some key things to keep in mind:
You Have the Right to Remain Silent
This is perhaps the most important right to remember. Under the Fifth Amendment, you have the right to remain silent and avoid self-incrimination. This means you are NOT obligated to answer any questions or provide any information to the Secret Service.In fact, it’s generally advisable to exercise this right and remain silent until you have an attorney present. Anything you say can and will be used against you, so it’s best to let your lawyer do the talking.
You Have the Right to an Attorney
Under the Sixth Amendment, you have the right to legal representation in criminal proceedings. This means you have the right to have an attorney present during any questioning or interaction with the Secret Service.If you can’t afford an attorney, you have the right to have one appointed for you. Don’t let financial concerns stop you from seeking legal counsel.
You Have the Right to Refuse a Search
The Fourth Amendment protects you against unreasonable searches and seizures. This means the Secret Service cannot search your home, car, or other property without a warrant or your consent.If they ask to search your property, you have the right to refuse. Politely but firmly state that you do not consent to any searches. If they have a warrant, ask to see it and check that it’s signed by a judge and specifies the areas to be searched.
What to Do When Contacted by the Secret Service
Now that you understand your rights, let’s talk about what to do if you’re contacted by the Secret Service.
Don’t Panic
First and foremost, try to stay calm. It’s natural to feel anxious or scared, but panicking will only make the situation worse. Take a few deep breaths and try to think clearly.
Don’t Talk to Them
As mentioned earlier, you have the right to remain silent. Exercise this right. Politely inform the agents that you will not answer any questions or provide any information without an attorney present.Don’t try to explain yourself or talk your way out of the situation. Even if you believe you’re innocent, anything you say could be misinterpreted or used against you. Let your lawyer handle the communication.
Contact an Attorney Immediately
This is perhaps the most important step. As soon as you end the conversation with the Secret Service, contact a criminal defense attorney with experience in federal cases.Look for an attorney who has specifically handled cases involving the Secret Service and the types of crimes they investigate. They’ll be best equipped to guide you through the process and protect your rights.When you meet with your attorney, be completely honest about your situation. Tell them everything, even if you think it might make you look bad. Your attorney needs all the information to build the best defense possible.
Don’t Destroy Any Evidence
If you’re being investigated by the Secret Service, it’s likely they already have some evidence against you. Destroying or tampering with this evidence will only make your situation worse.Even if you think the evidence makes you look guilty, don’t try to get rid of it. This could lead to additional charges of obstruction of justice. Let your attorney handle any issues with the evidence.
Be Prepared for the Worst
While it’s important to hope for the best, it’s also wise to prepare for the worst. Depending on the severity of the alleged crime, you could be facing significant fines, restitution, and even prison time.Work with your attorney to understand the potential outcomes of your case. Make arrangements for your family and your affairs in case you are arrested or convicted. It’s a scary thought, but being prepared can make a difficult situation a little easier to handle.
Potential Defenses Against Secret Service Charges
The specific defense strategy for your case will depend on the details of your situation and the evidence against you. However, here are some potential defenses that may apply:
Lack of Intent
Many of the crimes investigated by the Secret Service, such as counterfeiting or fraud, require intent. If you can show that you did not intend to commit a crime, this could be a strong defense.For example, if you unknowingly passed a counterfeit bill that you received as change from a store, you likely did not have the intent to commit a crime.
Insufficient Evidence
The burden of proof is on the prosecution to show beyond a reasonable doubt that you committed a crime. If there is insufficient evidence to meet this high standard, you cannot be convicted.Your attorney will closely examine all the evidence against you and look for holes or inconsistencies that could be used to cast doubt on the prosecution’s case.
Violation of Your Rights
If the Secret Service violated your constitutional rights at any point during the investigation, this could be grounds for dismissal of the charges.For example, if they searched your property without a warrant or probable cause, any evidence they found could be deemed inadmissible in court.
Entrapment
Entrapment occurs when law enforcement induces someone to commit a crime they would not have otherwise committed. If you can show that the Secret Service coerced or pressured you into committing a crime, this could be a defense.However, this is a difficult defense to prove, as you must show that you were not predisposed to commit the crime and that the government’s actions were the primary cause of your criminal conduct.
Real-Life Examples
To better understand how to handle a Secret Service investigation, let’s look at a couple of real-life examples.
Example 1: The Counterfeit Cashier
John worked as a cashier at a local grocery store. One day, he unknowingly accepted a counterfeit $50 bill from a customer. When he tried to deposit the money at the bank, they discovered it was fake and reported it to the Secret Service.The Secret Service contacted John and asked him to come in for questioning. John, scared and unsure what to do, agreed. During the interrogation, John admitted that he had accepted the bill but said he didn’t know it was fake.Despite his cooperation, John was charged with passing counterfeit currency. If John had invoked his right to remain silent and contacted an attorney, he may have been able to avoid charges by showing he lacked the intent to commit a crime.
Example 2: The Identity Thief
Sarah was being investigated by the Secret Service for identity theft. Agents showed up at her door one day with a search warrant. Frightened, Sarah let them in and answered their questions, admitting to using fake credit cards to make purchases.Sarah was arrested and charged with multiple counts of identity theft and credit card fraud. Had Sarah refused to speak to the agents and insisted on having an attorney present, she may have been able to get some of the evidence suppressed if the search warrant was faulty.
Frequently Asked Questions
To wrap up, let’s address some common questions about dealing with the Secret Service:
What should I do if the Secret Service comes to my door?
If Secret Service agents come to your home, politely but firmly inform them that you will not answer any questions or allow any searches without an attorney present. If they have a warrant, ask to see it but do not let them in until you’ve contacted a lawyer.
Can the Secret Service arrest me?
Yes, the Secret Service has the authority to make arrests for the crimes they investigate. If you are arrested, remember to remain silent and ask for an attorney immediately.
How long does a Secret Service investigation take?
The length of an investigation can vary widely depending on the complexity of the case and the strength of the evidence. Some investigations may be resolved in a matter of weeks, while others could drag on for years.
What are the penalties for crimes investigated by the Secret Service?
The penalties for crimes like counterfeiting, fraud, and identity theft can be severe. Depending on the specifics of the case, you could be facing hefty fines, restitution, and significant prison time.
Should I cooperate with the Secret Service?
In general, it’s advisable not to cooperate with the Secret Service without first consulting an attorney. While cooperating may seem like it will help your case, it often leads to self-incrimination and stronger evidence against you.