Criminal Defense Lawyers

Should I Talk to FBI Agents? Know Your Rights

Last Updated on: 26th November 2025, 06:15 pm

Should I Talk to FBI Agents? Know Your Rights

Someone knocks on you’re door. Two people in dark suits, badges out. FBI. “We’d like to ask you a few questions.” Your heart starts racing, your hands get sweaty, your mind goes blank. What do you say?

Most people think they have to talk. They think staying silent makes them look guilty. They think if they didn’t do anything wrong, there’s no harm in answering a couple questions. And that’s exactly what FBI agents are counting on—because those assumptions can ruin your life.

Here’s the truth: You do not have to talk to FBI agents. You have constitutional rights that protect you, irregardless of whether you’re a witness, a suspect, or completely innocent. And in most cases, talking without a lawyer is the worst thing you could do.

Your Constitutional Rights When FBI Agents Contact You

Before we get into tactics and what to actually say, you need to understand the legal foundation your standing on. The United States Constitution gives you specific rights when any government agent—including the FBI—tries to question you.

The Fifth Amendment: Your Right to Remain Silent

The Fifth Amendment says you cannot be forced to incriminate yourself. This means you have the right to refuse to answer questions from FBI agents, police, or any federal investigator. Period. Your refusal to talk cannot be used against you in court as evidence of guilt.

This right applies to everyone. It doesn’t matter if your a witness, if you’re suspected of a crime, or if you have no idea why there talking to you. You have the right to say nothing.

The ACLU of Massachusetts is very clear on this: “ANY information you give to an officer without an attorney, even if it seems harmless, can be used against you or someone else.” That’s not legal theory—that’s practical reality based off thousands of cases.

The Sixth Amendment: Your Right to an Attorney

You have the right to talk to an attorney before and during any questioning. You don’t need to be arrested for this right to apply. The moment FBI agents want to ask you questions, you can say “I want to speak with my attorney” and they must stop questioning you.

A lot of people think lawyers are only for guilty people. Thats one of the most dangerous myths in criminal justice. Innocent people need lawyers even more then guilty people—because innocent people have the most to lose from misspeaking, misremembering, or being misunderstood.

These Rights Apply Whether You’re a Witness, Subject, or Target

Here’s something agents won’t tell you: they rarely explain your status in an investigation. They might say there “just gathering information” or “trying to clear some things up,” but they won’t tell you if your a witness who might become a suspect, or if your already a target.

And here’s the thing—your status can change during the conversation. You might start as a witness and become a subject based on your own words. Once something is said, you can’t take it back.

The Oregon Federal Public Defender puts it bluntly: “It is usually wise to have an attorney present for all interviews with federal agents, if there is any chance that you will be the subject of an investigation.” Not just if you are a subject. If there’s any chance.

Why the FBI Is Contacting You (And Why They Won’t Tell You)

When FBI agents show up at you’re door or call you on the phone, your first instinct is to ask: “What is this about?” Sometimes they’ll give you a vague answer. Sometimes they’ll tell you they can’t discuss it yet. Sometimes they’ll minimize it: “Oh, we’re just following up on a few things.”

None of these answers tell you what you actually need to know.

You Probably Don’t Know Your Status in the Investigation

The FBI uses three classifications for people in an investigation:

• Witness: Someone who has information but isn’t suspected of wrongdoing
• Subject: Someone whose conduct is within the scope of the investigation but there isn’t enough evidence to call them a target
• Target: Someone the FBI believes committed a crime and who will probably be charged

Agents don’t have to tell you which category you’re in. In fact, they usually won’t—because if you knew you were a target, you’d never talk without a lawyer. So they keep it vague, they keep it friendly, they make it seem routine.

Burnham & Gorokhov, federal criminal defense attorneys, explain: “There are a number of possible reasons. They range from the possibility that they are looking for someone who does not live there anymore, to looking for information about another person, to looking to get interview a target or even make an arrest.”

You. Don’t. Know. Which. One. It. Is.

The “Routine Interview” That Isn’t Routine

FBI agents are trained to minimize the significance of interviews. They’ll use language like:

• “We’re just trying to clear up some confusion”
• “This is completely routine”
• “We’re talking to everyone who was there”
• “We just need to get your side of the story”
• “This won’t take long”

These phrases are tactical. There designed to make you feel like refusing to talk makes you look guilty or uncooperative. But here’s what they don’t say: even “routine” FBI interviews result in federal prosecutions every day.

The FBI doesn’t do social calls. If they’re at your door, it’s because your name came up in an investigation. That might be innocent—but you won’t know until it’s too late.

The Voluntary Interview That Doesn’t Feel Voluntary

Legally, if FBI agents show up at your home or workplace without a warrant, you’re “free to refuse” the interview. You’re not under arrest. You can close the door. You can walk away.

But psychologically? It feels impossible. Two federal agents are on your porch. Your neighbors are watching. You’re at work and your boss is nearby. The pressure is immense. Most people fold and start talking because saying “no” feels wrong.

That pressure is part of the strategy. They show up unannounced because suprise removes your ability to prepare or consult a lawyer. They show up at your workplace because you feel compelled to cooperate in a professional setting. They show up when your alone because there’s no one to back you up or give you perspective.

But legally, you still have the right to refuse. The ACLU of Washington is clear: “YOU DO NOT HAVE TO TALK TO THE FBI. You have the right to remain silent. Do not say anything or answer any questions without first consulting a lawyer.”

Why Even Innocent People Shouldn’t Talk Without a Lawyer

This is where most people make there biggest mistake. They think: “I didn’t do anything wrong, so why would I need a lawyer?” The answer is because the law doesn’t care about what you meant to say. It cares about what you actually said—and whether that can be used against you.

The Asymmetric Truth Trap

Here’s a fact that shocks most people: FBI agents can legally lie to you during questioning. They can tell you they have evidence they don’t have. They can say other people implicated you when they didn’t. They can claim they already know everything and just need you to “confirm it.” All of that is legal.

But if you lie to them—even accidentally, even because your memory is wrong—you’ve committed a federal crime under 18 U.S.C. § 1001. Making false statements to a federal officer carries up to five years in prison.

Think about that asymmetry. They can lie to you. You can’t lie to them. Even if your telling the truth but you get a detail wrong because your nervous or you don’t remeber perfectly, that “false statement” can become a felony charge.

Oberheiden P.C., federal defense attorneys, put it this way: “You must not lie, trick, cover up, falsify, conceal, or misrepresent when speaking with agents. By contrast, the law does not prohibit agents from lying to you.”

This isn’t a fair fight. And it’s why even innocent people need lawyers.

Your Memory Isn’t as Good as You Think

People overestimate they’re memory all the time. You think you remember where you were on a specific date three months ago. You think you remember who you talked to, what you said, what time you left. But memory is reconstructive—your brain fills in gaps, creates patterns, invents details that feel real but aren’t.

And when FBI agents ask you about emails you sent last year, texts from six months ago, or conversations from last week, your memory is even less reliable. You might say “I never discussed that” when actually you did in a group chat you forgot about. You might say “I wasn’t there that day” when a receipt shows you were. You might say “I would never do that” when your digital footprint says otherwise.

None of those mistakes are intentional lies. But under federal law, they can be charged as false statements.

The FBI 302 Problem: No Recording, Just a Summary

Here’s something most people don’t know: the FBI usually doesn’t record interviews. Instead, agents take notes during the conversation, then write up a report later called a “302 form.” That 302 becomes the official record of what you said.

Not a transcript. Not a recording. An agent’s summary of what they remember you saying, written from memory, filtered through there interpretation.

If there’s ever a dispute about what you said, the 302 is what gets presented in court. And you have no recording to prove the agent got it wrong. Your word against a federal agent’s written report—which do you think a jury will beleive?

This is why attorneys exist. A lawyer present during the interview takes their own notes, corrects mischaracterizations in real time, and ensures the 302 is accurate. Without a lawyer, you’re relying on the agents to accurately represent your words—even when those words might be used against you.

Real Examples: Innocent People Charged for Talking

You might think “that won’t happen to me.” But it happens to people every day. Here’s a few high-profile examples:

Martha Stewart wasn’t convicted of insider trading. She was convicted of lying to federal investigators about whether she had certain conversations. Her actual crime? Talking without a lawyer and misspeaking during the interview.

Scooter Libby, Vice President Cheney’s chief of staff, was convicted of making false statements to FBI agents. Not for leaking classified information—for giving inconsistent statements about his memory of events during FBI interviews.

Michael Flynn, President Trump’s national security advisor, pled guilty to making false statements to the FBI during an interview at the White House. He thought he was having a casual conversation. It became a felony charge.

These aren’t criminals. These are people who thought they could talk their way through an FBI interview. And every one of them ended up convicted not for the underlying crime being investigated, but for what they said to agents.

What to Actually Say When FBI Agents Contact You

Okay, so you understand your rights. You understand why talking without a lawyer is dangerous. But what do you actually say when agents show up? How do you assert your rights without sounding guilty or making things worse?

Here’s the exact language to use in different scenarios.

If FBI Agents Knock on Your Door

The scenario: Two agents knock on you’re door. They show you badges. They say they want to ask you some questions.

What to say:

“I’m invoking my Fifth Amendment right to remain silent. I don’t want to answer any questions without my attorney present. If you need to speak with me, you can contact my lawyer.”

Then stop talking. Don’t explain why. Don’t apologize. Don’t try to be friendly or helpful. Just deliver the statement and wait.

If they ask who your lawyer is and you don’t have one yet, say:

“I don’t have a lawyer yet, but I’m not answering any questions until I do. If you need to contact me, please leave your card and I’ll have my attorney reach out.”

If they pressure you—and they might—repeat the same statement. Don’t let them draw you into conversation. Don’t answer “just one question” because that opens the door. Stay firm.

If FBI Agents Call You on the Phone

The scenario: You answer your phone and the person identifies themselves as a FBI agent. They say they need to speak with you about an investigation.

What to say:

“I’m not going to answer questions without my attorney present. Please send any requests in writing to my lawyer, and we’ll respond appropriately.”

Then end the call. Don’t stay on the line. Don’t let them ask “just a quick question.” Politely end the conversation and hang up.

If they say “this is urgent” or “we need to talk today,” don’t fall for the time pressure. There is almost never a legitimate reason you need to talk to the FBI immediately without consulting an attorney first.

If FBI Agents Show Up at Your Workplace

The scenario: Agents approach you at work. Your colleagues are nearby. Your boss might see. The pressure to cooperate is enormous because you don’t want to cause a scene.

What to say:

“I can’t talk right now. I need to consult with my attorney before I answer any questions. Please leave your contact information and my lawyer will reach out.”

You can say this quietly and professionally. You don’t need to make a scene. If they persist, you can add:

“I understand you have a job to do, but I’m invoking my right to remain silent and my right to an attorney. I’m not answering questions without legal representation.”

Then walk away if possible. If you’re at your desk and can’t physically leave, turn back to your work and disengage. They may linger, but they cannot force you to talk.

If You Already Started Talking

Maybe you opened the door and agents started asking questions before you realized what was happening. Maybe you answered a few questions and now you’re regretting it. Can you stop mid-interview?

Yes. Absolutely.

What to say:

“I’d like to stop this conversation now. I’m invoking my right to remain silent and I want to speak with an attorney before we continue.”

It doesn’t matter that you already answered some questions. You can invoke your rights at any point. Once you clearly assert your right to remain silent or your right to an attorney, the interview must stop.

Don’t worry that stopping mid-interview makes you look guilty. It doesn’t. It makes you look like someone who knows there rights and is exercising them—which is exactly what you should do.

The Critical Phrase: “I Am Invoking…”

Notice that in all these scripts, the key phrase is “I am invoking my [Fifth Amendment right to remain silent / right to an attorney].”

Why does this phrasing matter? Because courts have ruled that you must clearly and unambiguously assert your rights. Saying “I think I should talk to a lawyer” or “Maybe I should stay quiet” isn’t enough—those are ambiguous statements that agents can interpret as you just thinking out loud, not actually invoking your rights.

But saying “I am invoking my Fifth Amendment right to remain silent” is a clear, unambiguous invocation. It leaves no room for interpretation. The interview must stop.

Common FBI Pressure Tactics (And How to Resist Them)

FBI agents are trained in interrogation techniques designed to get you talking. There not trying to be your friend. They’re trying to extract information—information that can be used to build a case. Here’s the most common pressure tactics and how to handle them.

“Everyone Else Is Cooperating”

Agents might say “We’ve already talked to everyone else and they’re all cooperating. You’re the only one who hasn’t given a statement.”

This is designed to make you feel isolated and to create social pressure. The implication is that refusing to talk makes you look guilty compared to everyone else.

But it doesn’t matter what other people are doing. There decisions have no bearing on your rights. Maybe the other people had lawyers. Maybe they’re witnesses and your the target. Maybe the agents are lying and no one else talked.

How to respond: Don’t respond. Just repeat your assertion: “I’m invoking my right to remain silent. I want my attorney present.”

“This Is Your Chance to Tell Your Side of the Story”

This tactic plays on your sense of fairness. The implication is that if you don’t talk now, you’ll lose your opportunity to defend yourself or explain your actions.

But this is misleading. You will have opportunities to present your defense—through your lawyer, in court, with proper legal strategy. An unrecorded FBI interview without an attorney present is not the time or place to “tell your side.”

In fact, giving your side of the story without legal advice often provides prosecutors with ammunition to attack your defense later. If your story changes even slightly, that inconsistency will be used against you.

How to respond: “If there’s a side to tell, my attorney will present it at the appropriate time. I’m not answering questions without my lawyer.”

“We Just Need to Clear This Up”

Agents will minimize the significance of the interview by suggesting there just trying to “clear up some confusion” or “verify a few details.” The suggestion is that it’s no big deal—just a quick conversation to get things straight.

But if it were truly no big deal, they wouldn’t be there. FBI agents don’t show up for trivial matters. If they’re asking questions, it’s because your involved in a federal investigation, and anything you say will be documented and can be used in court.

How to respond: “I understand, but I still need to speak with my attorney before answering any questions.”

“If You Have Nothing to Hide…”

This is a psychological manipulation. The implication is that only guilty people refuse to talk, and innocent people should have no problem answering questions.

But as we’ve already covered, innocent people get charged for misspeaking, for memory errors, for inconsistencies that prosecutors spin as lies. Having “nothing to hide” doesn’t protect you from the risk of making a statement that can be used against you.

The New York State Assembly is clear on this: “The Fifth Amendment to the US Constitution says that every person has the right to not answer questions asked by a government agent.” Every person. Not just guilty people. Every person.

How to respond: “Whether I have something to hide isn’t relevant. I have the right to remain silent, and I’m exercising that right.”

“We Can Do This the Easy Way or the Hard Way”

This is a threat disguised as a choice. The implication is that cooperating now is the “easy way” and refusing to talk means they’ll make your life difficult—maybe a subpoena, maybe more investigation, maybe arrest.

But this is a false choice. There’s no guarantee that talking makes things easier. In fact, talking without a lawyer often makes things harder because you provide evidence that can be used against you. And if they’re going to subpoena you or arrest you, they’ll do it irregardless of whether you talk now.

How to respond: “I’m invoking my Fifth Amendment rights. Any further communication should go through my attorney.”

“We Need Answers Today” (Time Pressure)

Agents create urgency by saying they need to talk to you immediately. They might imply that waiting will make things worse, or that you’re missing a window of opportunity to help yourself.

This is almost always false. There is rarely a legitimate reason why you need to talk to the FBI today without consulting a lawyer first. The urgency is tactical—they know that giving you time to think or consult an attorney means you probably won’t talk.

How to respond: “I’m not making any statements without my attorney, irregardless of the timeline. My lawyer will contact you when we’re ready.”

How to Stay Calm and Firm

Look, I get it—this is stressful. FBI agents showing up is terrifying. You want to be polite. You don’t want to seem difficult. And every instinct is telling you to cooperate because you think it’ll make the problem go away faster.

But you need to override those instincts. Here’s how:

• Take a breath. Pause before you respond. You don’t need to react instantly.
• Repeat your script. Use the exact same language every time. Don’t vary it. Don’t elaborate.
• Don’t apologize. You’re not doing anything wrong by invoking your rights. Don’t say “I’m sorry, but…” Just state your position.
• Don’t fill the silence. Agents will use silence to make you uncomfortable and prompt you to start talking. Let the silence sit. It’s not your job to fill it.
• Don’t let them in. If they’re at your door without a warrant, you don’t have to let them inside. You can speak through a cracked door or a window.

Remember: asserting your rights is not evidence of guilt. It’s a constitutional protection, and exercising it is smart, not suspicious.

What Happens After You Refuse to Talk

So you invoked your rights. You refused to answer questions. What happens next? Does refusing to talk make things worse? Will they go away, or will they come back?

Possible Outcomes After You Refuse

There’s a few different directions this can go:

1. The agents leave and don’t return. Sometimes, refusing to talk is the end of it. Maybe they were fishing for information and you weren’t actually important to the investigation. Maybe they move on to other leads. Maybe they realize they don’t have enough to pursue you further.

2. The agents return with more questions. They might come back a few days or weeks later with different questions or new information. If this happens, repeat your script: “I’m not answering questions without my attorney. Please contact my lawyer.”

3. You receive a grand jury subpoena. This is different from a voluntary interview. A subpoena is a legal order requiring you to appear and testify. You must show up, but you can still assert your Fifth Amendment right to refuse to answer specific questions. This is when having an attorney is critical—they can help you navigate the subpoena and protect your rights.

4. You’re arrested. If there’s probable cause and a warrant, agents can arrest you irregardless of whether you talked. If this happens, the same rules apply: invoke your right to remain silent, invoke your right to an attorney, and don’t answer questions until your lawyer is present.

Your Refusal Cannot Be Used Against You in Court

One of the biggest fears people have is that refusing to talk will be used as evidence that there guilty. But that’s not how it works.

The Fifth Amendment protects not just your right to remain silent, but also ensures that your silence cannot be used as evidence of guilt. Prosecutors can’t tell a jury “the defendant refused to talk to the FBI, which shows consciousness of guilt.” That’s unconstitutional.

The Asian Law Caucus explains: “You are not obligated to answer questions from an FBI agent. Your refusal to talk to the agent may not be used against you.”

So don’t let agents make you feel like refusing to talk is incriminating. It’s not. It’s a constitutional right, and exercising it is protected.

Having a Lawyer Doesn’t Mean Refusing to Cooperate

There’s a misconception that hiring a lawyer or invoking your rights means your refusing to cooperate or that your obstructing the investigation. That’s not true.

Having a lawyer means strategic cooperation. Your attorney can review the facts, understand what the investigation is about, determine whether talking is in your best interest, and if so, structure the interview in a way that protects you.

Sometimes, talking to the FBI with a lawyer present is the right move. Maybe you have information that clears you. Maybe you’re genuinely a witness and cooperation helps resolve the case. But those decisions should be made with legal advice, not in the heat of the moment with agents at your door.

Federal Public Defender offices emphasize this point: it’s usually wise to have an attorney present if there’s any chance your a subject of investigation—but that doesn’t mean refusing to talk forever. It means making informed decisions with professional guidance.

Special Scenarios and Exceptions

Alright, we’ve covered the basics. But there’s some special situations where the rules are a little different or where people get confused. Let’s address those.

If FBI Agents Have a Search Warrant

A search warrant means agents can enter your home or office and search for specific items listed in the warrant. If agents show up with a warrant, you must let them in. Refusing entry is obstruction.

But—and this is important—a search warrant does NOT mean you have to answer questions. You still have the right to remain silent. You can say: “I’m not interfering with the search, but I’m invoking my Fifth Amendment right to remain silent. I won’t answer questions without my attorney.”

Let them conduct the search. Don’t try to stop them. But don’t talk to them either. Anything you say during the search can be used against you.

If FBI Agents Have an Arrest Warrant

An arrest warrant means you’re being taken into custody. You’re under arrest, and you’ll be processed and likely brought to court for an initial appearance.

If agents are arresting you, they’re required to read you your Miranda rights: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney.”

Listen to those words. Then invoke those rights: “I’m invoking my right to remain silent and my right to an attorney. I won’t answer questions without my lawyer present.”

Then stop talking. Don’t answer questions during the car ride. Don’t make small talk. Don’t try to explain yourself. Just stay silent until your attorney is there.

If You Receive a Grand Jury Subpoena

A grand jury subpoena is different from a voluntary interview. A subpoena is a legal order requiring you to appear and testify before a grand jury. You must show up—failing to appear can result in contempt charges.

But appearing doesn’t mean you have to answer every question. You can assert your Fifth Amendment right to refuse to answer specific questions on the grounds that your answer might incriminate you. This is called “taking the Fifth” or “pleading the Fifth.”

However, navigating a grand jury subpoena is complex. You need an attorney to advise you on which questions you can refuse and which you must answer. Don’t try to do this alone.

If You’re Asked to Identify Yourself

In some states, you’re required to identify yourself if law enforcement asks. This means giving your name. But that’s it. You don’t have to answer questions beyond identification.

So if an FBI agent stops you on the street and asks who you are, you may need to provide your name (depending on state law). But after that, you can say: “I’ve identified myself. I’m invoking my right to remain silent. I’m not answering any further questions without my attorney.”

This varies by state, so it’s worth consulting a local attorney to understand your state’s specific “stop and identify” laws.

Questions About Other People (Third-Party Questions)

Sometimes, agents aren’t asking about you—there asking about someone else. A family member, a friend, a colleague, a business partner.

Even if your not the target, answering questions about other people is risky. First, anything you say can still implicate you if agents think your concealing information or lying to protect someone. Second, you might unintentionally provide information that harms someone else.

And third—this is important—once you start talking about other people, agents can pivot the conversation and start asking about you. And by that point, your already engaged in the interview and it’s harder to stop.

So even if they say “we just want to ask about your neighbor,” the safest approach is still: “I’m invoking my right to remain silent. I need to consult with an attorney before I answer any questions.”

Finding an Attorney and Next Steps

Okay, so you’ve invoked your rights. You’ve told the agents you want an attorney. But what if you don’t have a lawyer? How do you find one? And what if you can’t afford one?

How to Find a Federal Criminal Defense Attorney

If the FBI is contacting you, you need an attorney who specializes in federal criminal defense. Federal law is different from state law, and federal investigations are handled differently then state cases. You want someone with experience in federal court.

Here’s how to find one:

• Referrals: Ask friends, family, or colleagues if they know any federal defense attorneys. Personal referrals are often the best way to find a good lawyer.
• State bar associations: Most state bar associations have referral services where you can search for attorneys by practice area. Look for “federal criminal defense” or “white collar crime.”
• National Association of Criminal Defense Lawyers (NACDL): Their website has a directory of member attorneys searchable by location and practice area.
• Consultations: Many attorneys offer free or low-cost initial consultations. Use this time to ask about there experience, approach, and fees.

What If You Can’t Afford an Attorney?

If you can’t afford to hire a private attorney and you’re charged with a federal crime, you may be eligible for a federal public defender. Public defenders are experienced attorneys who represent defendants who cannot afford private counsel.

However, you typically don’t get a public defender until your actually charged with a crime. If the FBI is just contacting you for an interview and you haven’t been charged yet, you may not qualify for a public defender at that stage.

In that situation, your best option is to:

• Invoke your rights and refuse to talk without an attorney
• Seek a free consultation with a private attorney to understand your situation
• Look for legal aid organizations in your area that provide free or low-cost assistance
• If you’re eventually charged, request a public defender at your first court appearance

Don’t let cost be the reason you talk to the FBI without a lawyer. The cost of a conviction is far higher then the cost of an attorney.

What Your Attorney Will Do for You

Once you have an attorney, here’s what they’ll do:

1. Contact the FBI on your behalf. Your lawyer will reach out to the agents and find out what the investigation is about, what your status is (witness, subject, or target), and what the agents want.

2. Assess whether you should talk. Your attorney will review the facts, determine whether talking helps or hurts you, and advise you on the best course of action.

3. Structure any interview. If talking is in your best interest, your lawyer will be present during the interview, will stop questioning if it becomes dangerous, and will ensure your rights are protected.

4. Correct misstatements in real time. If you misspeak or agents mischaracterize your words, your lawyer will correct it immediately—before it gets written into the 302 form.

5. Provide legal strategy. Your attorney will help you understand the investigation, the potential charges, and your legal options moving forward.

This is why having a lawyer doesn’t mean refusing to cooperate. It means cooperating intelligently, with someone who’s protecting your interests.

Final Thoughts: Protect Yourself

Look—the FBI showing up at your door is terrifying. The instinct to cooperate, to explain, to make it go away by answering questions is overwhelming. Most people want to be helpful. Most people think if there innocent, talking will clear everything up.

But that’s not how it works in practice. Innocent people get charged for misstatements. Memory errors become false statement charges. Voluntary interviews turn into criminal prosecutions.

Your constitutional rights exist for a reason. The Fifth Amendment right to remain silent and the Sixth Amendment right to an attorney are protections designed to prevent the government from coercing self-incrimination. These rights apply to everyone—guilty or innocent, target or witness.

So if FBI agents contact you, remember these core principles:

• You do not have to talk to the FBI without a lawyer
• Your refusal to talk cannot be used against you in court
• Invoking your rights is not evidence of guilt—it’s smart legal strategy
• Even innocent people need lawyers when the FBI comes calling
• FBI agents can lie to you, but you can’t lie to them
• No recording means your words are filtered through agent summaries in the 302 form
• Anything you say can and will be used against you

Use the scripts in this article. Be firm. Don’t apologize for exercising your rights. And find an attorney as soon as possible.

Bottom line? The safest thing you can say to FBI agents is: “I’m invoking my Fifth Amendment right to remain silent, and I want to speak with my attorney.” Then stop talking.

Your future self will thank you.