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FBI agents showed up at your home, called your phone, left a business card, or contacted your employer asking to speak with you. You’re terrified and confused about what this means and whether you’re in serious legal trouble. FBI contact can mean you’re a target of criminal investigation, you’re a witness to crimes they’re investigating, or they believe you have information relevant to ongoing investigations. The nature of FBI contact – whether they’re asking you to voluntarily interview, serving a grand jury subpoena, executing a search warrant, or making an arrest – determines the severity of your situation. Being contacted doesn’t automatically mean you’ll be charged, but how you respond determines whether you help or hurt your legal position.
Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek, who has defended clients in federal investigations for many, many years. We’ve represented people who received FBI visits, targets of long-running investigations, witnesses compelled to testify. FBI investigations are serious even when agents present themselves as friendly or suggest you’re just a witness. Understanding what the FBI is investigating, what evidence they have, and what they want from you determines how to protect yourself and whether cooperation is in your interest.
Target of investigation – you’re suspected of committing federal crimes and FBI is gathering evidence to support charges. Agents may ask to interview you hoping you’ll make incriminating statements, provide evidence against yourself, or lie to them (which creates new charges for false statements under 18 U.S.C. § 1001). Subject of investigation – you’re not the primary target but agents believe you’re involved in criminal activity or know about crimes. Witness – FBI believes you observed criminal conduct, have documents or information relevant to their investigation, or can testify about others’ conduct.
Material witness – FBI believes you have critical information and may seek court order compelling your testimony or even detaining you to ensure your availability for grand jury testimony or trial. Person of interest – vague category between witness and subject, suggesting FBI is investigating your conduct but hasn’t determined whether to charge you. Related party – you’re associated with targets (employee, family member, business partner) and agents want information about their activities. FBI also contacts people to warn them they’re victims of crimes, to return seized property, or to notify them of ongoing threats.
Knock and talk – agents arrive at your home or workplace unannounced, identify themselves as FBI, and ask to speak with you. They may say they “just want to talk” or “clear some things up.” This is consensual encounter – you’re not obligated to speak with them without a lawyer. Phone calls or letters – agents call your phone or send letters requesting voluntary interview. Business cards left at your door or with family members with requests to call them back. Grand jury subpoenas – formal legal documents compelling you to testify before grand jury or produce documents.
Search warrants – agents execute warrants to search your property and seize evidence. During execution of search warrants, agents often try to interview occupants. Arrest warrants – agents arrest you pursuant to warrant or indictment. Target letters – written notifications from prosecutors informing you that you’re target of grand jury investigation and may be indicted. These formal letters typically offer opportunity to present information to prosecutors before indictment. Informal approaches through third parties – agents contact your employer, family members, or associates asking about you or requesting you contact them.
FBI agents can lie to you during investigations – they can falsely claim they have evidence against you, say witnesses implicated you, or misrepresent the strength of their case. They can minimize seriousness of conduct they’re investigating, suggest cooperation will help you, or imply that refusing to talk makes you look guilty. Agents can contact you repeatedly even after you decline to speak with them – though if you invoke right to counsel, further contact should go through your attorney. They can interview your friends, family, employers, and associates without your knowledge or permission.
FBI cannot threaten you, physically coerce you, or detain you without legal basis. They cannot enter your home without consent, warrant, or exigent circumstances. They cannot force you to answer questions or waive your constitutional rights. When agents approach you for voluntary interview, you have absolute right to decline, to insist on having attorney present, and to terminate interview at any time. Agents often create impression that you must cooperate or that declining to speak suggests guilt – these are investigation tactics, not legal requirements.
Generally no – even if you believe you’re innocent, even if you think you can explain away suspicious conduct, even if agents suggest talking will help you. Statements to FBI can be used against you. Inconsistencies between your statements and other evidence can be charged as false statements under § 1001, carrying five years. Memory failures or mistakes that contradict other evidence become prosecutable lies. FBI doesn’t record most interviews – instead they create FD-302 forms summarizing what they claim you said, often written from memory hours or days later. Any disputes about what you said are resolved in the government’s favor.
Even witnesses who aren’t targets face jeopardy – making false statements to federal agents is a crime even if you’re not under investigation for underlying conduct. Exculpatory statements you make to FBI are often inadmissible hearsay if you’re later charged and want to introduce your own exonerating statements at trial. But prosecutors can use incriminating portions of same statements against you. This creates asymmetric risk – your damaging statements come in, your helpful statements don’t. There are rare circumstances where cooperating with FBI benefits you, but those determinations require experienced counsel evaluating the specific investigation, evidence, and your exposure.
Politely decline to speak with them without your attorney present. Say: “I need to speak with my attorney before answering any questions.” Don’t make small talk, don’t answer “just one quick question,” don’t try to explain yourself. Agents are trained to keep you talking once you engage. Get agents’ names and contact information – ask for business cards. Don’t physically obstruct or interfere with agents, don’t lie or provide false information, and don’t destroy evidence. Do not consent to searches of your home, vehicle, computer, or phone.
If agents have a search warrant, don’t interfere with the search but don’t consent or assist. If they have arrest warrant, comply with arrest and invoke your right to remain silent and right to attorney. Immediately contact experienced federal criminal defense attorney. Provide your attorney with all information about the FBI contact, any documents agents provided, and details about what agents said and asked. Your attorney can contact FBI or prosecutors to determine what the investigation involves, what your status is, and whether cooperation is advisable.
Target letters notify you that grand jury is investigating you for specific potential charges. These letters typically offer deadline to present information to prosecutors before the grand jury votes on indictment. Target letters are serious – most targets who receive them are eventually indicted. Your attorney can negotiate with prosecutors, present exculpatory evidence, or argue why charges aren’t warranted. Sometimes these presentations convince prosecutors not to charge, reduce charges, or negotiate favorable plea agreements before indictment. More often, target letters are prosecutorial courtesy providing advance warning before inevitable indictment.
Grand jury subpoenas compel your testimony or production of documents. You cannot ignore subpoenas – failing to comply is contempt of court. But you can challenge subpoenas on various grounds, and you can assert Fifth Amendment privilege against self-incrimination if testimony would incriminate you. If you’re target or subject, asserting Fifth Amendment is usually appropriate – you cannot be compelled to provide evidence against yourself. If you’re witness with no criminal exposure, you may be required to testify. Attorney can negotiate with prosecutors about scope of testimony and any immunity or protections needed.
Todd Spodek has defended clients contacted by FBI throughout his career – SDNY, EDNY, federal courts nationwide. FBI contact is serious whether you’re target or witness. When FBI reaches out, call 212-300-5196 before speaking with agents.
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and best alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
NJ CRIMINAL DEFENSE ATTORNEYS