FEDERAL CRIMINAL LAWYERS

Do I have to answer federal agents questions

Federal agents appeared at your door this morning. They have badges. They’re polite. They say they “just want to ask a few questions” and assure you that you’re not in trouble. You think cooperating makes you look innocent. You think refusing makes you look guilty. Every one of those assumptions can destroy your life.

Understanding how these conversations actually work—not what federal agents tell you during that doorstep encounter, but how these interactions are designed to build cases—requires seeing hundreds of federal investigations play out. Todd Spodek, a second-generation criminal defense attorney who has handled hundreds of federal trials and thousands of federal investigations, has watched federal agents use voluntary interviews to move people from witnesses to targets. If federal agents have contacted you, call 212-300-5196 before you answer any questions.

## The Moment They Knock

Federal agents don’t show up randomly. Their contact is calculated. They have specific information they want to confirm or contradict. They have theories they want you to either support or undermine with your own words.

The agents will present this encounter as informal. “We’re not here to arrest you.” “We’re just trying to understand what happened.” This language is designed to make you feel safe speaking without a lawyer. The ACLU warns that anything you say during these “informal” conversations can be used against you, whether you’re under arrest or not.

What are they actually trying to accomplish? They want you to make statements they can use—either to build a case against you, to contradict other witnesses, or to create prosecutable false statement charges if your account differs from their evidence. Todd Spodek’s representation of clients in thousands of federal investigations has shown a consistent pattern: federal agents present voluntary interviews as routine and non-threatening, while simultaneously building cases from inconsistencies in those very conversations.

Your immediate decision matters more than almost anything else in a federal investigation. Speak now, and you cannot un-speak. Make a small error, misremember a detail, or misunderstand a question, and you’ve potentially committed a federal crime.

## What You’re Legally Required to Do (Almost Nothing)

Here’s what shocks most people: you have no legal obligation to answer questions from federal agents. None. The Fifth Amendment protects you from self-incrimination. Federal agents rely on your ignorance of this fact. They rely on social pressure—the feeling that innocent people cooperate and only guilty people “lawyer up.” They rely on your desire to “clear things up.” All of these psychological pressures work in their favor, not yours. You are not required to let federal agents into your home without a warrant. If they don’t have a warrant, you do not have to open the door. If you are not under arrest, you can walk away. Why is “just answering a few questions” so dangerous? Because federal investigations are not about finding truth—they’re about building prosecutable cases. Prosecutors don’t need your statement to be entirely false to charge you with a crime. They need your statement to contain any false or misleading element, even if you made an honest mistake. The Fifth Amendment exists precisely because innocent people create criminal exposure when questioned without counsel. Attorneys who handle hundreds of federal trials understand that false statement charges often arise not from intentional lies, but from memory errors, confusion, or misunderstanding questions during unrecorded voluntary interviews.

## What to Say

Knowing you have rights means nothing if you don’t invoke them correctly. Simply staying silent is not enough to invoke your Fifth Amendment protection. You must clearly articulate your intention.

Here’s exactly what to say: “I am invoking my Fifth Amendment right to remain silent. I will not answer any questions without my attorney present. Please provide me with your business cards so my attorney can contact you.” Then stop talking.

If federal agents are at your door, do not invite them inside. Get their names, agencies, and contact information. Tell them you are invoking your right to counsel. Then end the conversation and immediately call a federal criminal defense attorney.

If federal agents claim they have a warrant, ask to see it. Read it carefully. A search warrant does not obligate you to answer questions. Even if agents are lawfully executing a warrant, you still have the right to remain silent.

After federal agents leave, do not discuss the encounter with anyone except your attorney. Do not call friends or family. Do not post on social media. Everything you say to anyone other than your attorney can become evidence.

## The Catastrophic Consequences of Speaking Without a Lawyer

Federal law makes it a crime to lie to federal agents. 18 U.S.C. § 1001 punishes false statements to federal investigators with up to five years in prison. This is a separate offense from whatever the agents are investigating. You can be innocent of the underlying conduct and still face federal prison for statements you make during a voluntary interview. Here’s what makes this particularly insidious: you don’t have to intentionally lie to violate this statute. A misremembered date is enough. A mistaken detail is enough. An incomplete answer that agents interpret as misleading is enough. Innocent people create incriminating statements constantly during unprotected conversations with federal agents. You try to be helpful, so you speculate about something you’re not sure about. You want to seem cooperative, so you fill in gaps in your memory rather than saying “I don’t know.” Each of these natural human responses creates criminal exposure. Voluntary interviews have no Miranda protection because you’re not in custody. Federal agents are not required to warn you that your statements can be used against you when you’re speaking voluntarily. They are not required to tell you that you’re a target of investigation. They can lie to you about all of these things, and it’s perfectly legal. People move from witnesses to targets through their own words. You answer questions to help their investigation. Then prosecutors use inconsistencies between your account and other evidence to charge you with false statements, obstruction, or conspiracy.

## When Cooperation Makes Sense (Always Through a Lawyer)

Cooperation can provide extraordinary benefits—if done correctly. Federal prosecutors can choose not to file charges at all. They can offer favorable plea agreements. They can reduce prison time by decades. But accessing those benefits requires legal protection.

Proffer agreements create limited protection for statements you make during cooperation. Law firms with former federal prosecutors on staff, like Spodek Law Group, understand how U.S. Attorney’s Offices structure proffer agreements, what protections they actually provide, and what language creates loopholes the government can exploit.

Federal cooperation has value when you have information prosecutors want and when the benefit you receive exceeds the risk you create by speaking. Your attorney evaluates both sides of that equation.

Timing matters enormously. Early cooperation—before you’re indicted—provides maximum leverage. Late cooperation—after indictment or conviction—provides diminishing benefits.

Todd Spodek’s representation in high-profile federal cases, including Anna Delvey’s prosecution featured in Netflix’s “Inventing Anna,” demonstrates why having experienced federal counsel before making any statements to agents preserves strategic options that disappear once you’ve already spoken.

Before you answer any questions from federal agents, consult with an attorney who handles federal investigations. Call 212-300-5196.