Criminal Defense Lawyers

What to Do If the FBI Shows Up at Your Door

Its 6:15 in the morning. Your still half asleep when the knock comes—loud, insistent, offical sounding. You stumble to the door in your pajamas, coffee not even made yet, brain foggy. Through the peephole you see two people in suits holding up badges.

FBI agents. At your door. Right now.

Your heart starts racing. What do you do? What do you say? Should you say anything at all?

Here’s the thing most people don’t realize: the next few minutes could determine wether you walk away fine or face federal prison time. Not for whatever there investigating—but for what you say during this conversation. Martha Stewart didn’t go to prison for insider trading. She went to prison for lying to FBI agents about a stock sale. The conversation was more dangerous then the crime.

18 U.S.C. § 1001 makes it a federal felony to make false statements to federal agents. Up to 5 years in prison. Up to $250,000 in fines. No oath required—just a casual doorstep chat at 6am when your barely awake. And here’s the kicker: they don’t even have to read you your rights first. They’re not arresting you. There just “talking.”

This guide will walk you through exactly what to do, exactly what to say, and exactly what could send you to prison if you get it wrong. Because the rules here are counterintuitive—silence protects the innocent, and talking can destroy you.

Let’s get into it.

Why the FBI Might Show Up at Your Door

Before you panic, understand this: FBI agents showing up doesn’t automaticly mean your in trouble. There’s actually alot of reasons they might knock on your door, and some of them have nothing to do with you at all.

Your a witness to something. Maybe you saw something, know someone, worked somewhere. The FBI interviews thousands of people who are simply witnesses. You might of talked to someone there investigating, or been at a location that matters to their case. This is actually the most common reason for a knock.

Your a subject of an investigation. This is trickier. A “subject” means your conduct is within the scope of whats being looked at, but they haven’t decided yet if your a target. Think of it as the gray area—not accused, but not exactly cleared either.

Your the target. If your a target, prosecutors have substantial evidence linking you to a crime. This is serious. But heres the thing—they probly won’t tell you which category you fall into. And the status can change overnight.

Background check. If you or someone you know applied for a security clearance, government job, or certain professional liscenses, FBI agents do the background interviews. Completely routine.

Mistaken identity or wrong address. It happens more then you’d think. Similar names, old addresses, outdated information in databases.

Knock and talk. This is what federal defense attorneys call a “fishing expedition.” Agents show up without a warrant hoping you’ll voluntarily talk, invite them in, or consent to a search. Thier goal is to gather information—and you are not required to help them.

The problem? You have no way of knowing which of these situations your actually in. The agent at your door might know you’re a target while telling you “your not in trouble, we just want to ask a few questions.” And here’s the asymmetry that matters: they can lie to you. You can NOT lie to them.

Your Rights When the FBI Knocks

Your rights are real, there constitutional, and exercising them is not evidence of guilt. Let me be clear about this—asserting your rights is itself a right. But most people don’t actually know what those rights are, or more importantly, how to use them when two FBI agents are standing on their doorstep.

Fourth Amendment: Search and Seizure

The Fourth Amendment protects you against unreasonable searches and seizures. In practical terms, this means:

FBI agents cannot search your home without either a warrant or your consent. Period. If they don’t have a warrant signed by a judge, they need YOU to let them in. And you do not have to let them in.

However—and this is crucial—theres exceptions. The “plain view” doctrine means if agents can see something illegal through your open door, that can become probable cause. Which is why (more on this later) you should step outside and close the door behind you rather then stand in the doorway.

Another exception: exigent circumstances. If their in “hot pursuit” of someone, or believe evidence is being destroyed, or theres an immediate threat to safety. But for a normal FBI visit? They need a warrant or consent. You don’t have to provide either.

Fifth Amendment: The Right to Remain Silent

You have the right to remain silent. You’ve heard this a million times in movies. But heres what people don’t understand: this right applies BEFORE your arrested. It applies to casual conversations. It applies at 6am on your doorstep.

The Fifth Amendment says you cannot be compelled to be a witness against yourself. You don’t have to answer questions. Any questions. At all.

Now, theres some nuance here. In some specific situations—like if your the target of a grand jury subpeona—silence can get complicated. But for a doorstep conversation with FBI agents? You have every right to say nothing.

Will they try to make you feel guilty about exercising this right? Probaly. “If you have nothing to hide, why won’t you talk to us?” Don’t fall for it. Silence is not evidence of guilt. Its evidence of knowing your rights.

Sixth Amendment: The Right to an Attorney

You have the right to have an attorney present during any questioning. This right kicks in the moment you request it. And you should request it immediatly.

“I will not answer any questions without my attorney present.”

Thats it. That one sentence changes everything. Once you invoke your right to counsel, questioning should stop. Agents can’t keep pushing, can’t try to convince you to talk “just a little bit,” can’t minimize the importance of having a lawyer. Well—they can try. But you don’t have to respond.

The combination of these three amendments gives you enormous power. But only if you use them. Most people don’t. Most people talk. And talking, more often then not, is where everything goes wrong.

Why the FBI Comes at 6am (And Why It Matters)

This isn’t a accident. The 6am arrival time is a deliberate tactic, and understanding it will help you respond properly.

Why early morning? Multiple reasons:

You’re home. Most people are home at 6am. Not at work, not running errands, not at the gym. The FBI wants to find you, and early morning increases those odds dramaticly.

Element of suprise. You wont have time to prepare, hide anything, contact a lawyer, or get your story straight. Your caught off guard. This is intentional.

Cognitive impairment. And this is the big one—research shows that cognitive function is reduced immediately after waking. Your groggy, your tired, your brain isn’t fully operational. Decision-making suffers. Impulse control is lower. Your more likely to say something you’ll regret at 6:30am then at 2pm. The FBI knows this.

I’ve seen it happen over and over. Someone who would of been sharp and careful at noon becomes rambling and careless at dawn. They start talking to “clear things up” or “just explain.” They make statements that contradict other statements. They remember details wrong. All of this—every word of it—can be used to build a federal false statements case against you.

The timing requires no judicial approval. Theres no oversight. Its pure strategy on their part. And unless you recognize whats happening, your walking right into it.

What to do at 6am: Do NOT try to have a conversation when your half asleep. Do NOT answer questions while your brains still booting up. The simplest thing is: don’t engage. Say “I won’t answer questions without my attorney,” get their card, close the door. Your more vulnerable then you realize when you’ve been awake for 3 minutes. Act accordingly.

What to Do If FBI Comes WITHOUT a Warrant

This is the most common scenario—a “knock and talk.” Agents show up, badges out, wanting to have a conversation. No warrant. No arrest. Just questions. Here’s the step-by-step for handling it:

Step 1: Verify Identity

Don’t assume the people at your door are actually FBI. Ask to see credentials. Look at the badge and the credential card. Note the names and badge numbers. Get business cards if they offer them.

Is it likely someone is impersonating the FBI? No. But its worth 30 seconds to verify. Real agents expect this and won’t be offended.

Write down or photograph their information. You’ll want this later when you contact a lawyer.

Step 2: Step Outside and Close the Door Behind You

This is crucial and almost no one does it. When you open the door to talk to FBI agents, step OUTSIDE onto your porch or stoop, then pull the door closed behind you.

Why? The “plain view” doctrine. Anything agents can see from a lawful vantage point—like your open doorway—can potentially be used against you. Maybe theres something completly innocent in your house that looks suspicious out of context. Maybe theres paperwork visible on a table. Maybe you have legally owned firearms on display.

Don’t give them a view into your home. You’re not hiding anything—your protecting your privacy. Big difference.

Also: by stepping outside, you’ve made it clear they are NOT invited in. An open door can sometimes be argued as implicit consent to enter. A closed door is unambigious.

Step 3: Ask the Key Questions

Before anything else, you need two pieces of information:

“Do you have a warrant?”

And:

“Am I required to speak with you?”

If they have a warrant, the situation changes (see next section). If they don’t have a warrant, you have options.

And the answer to the second question is almost always: no, you are not required to speak with them. They may tell you its “in your best interest” to talk. They may suggest that silence makes you look guilty. They may say “we can clear this up right now if you just answer a few questions.”

Don’t believe it. Your not required to talk. Period.

Step 4: Assert Your Rights—THE SCRIPT

This is the most important part. Memorize this. Practice saying it. Because when your heart is pounding and two federal agents are staring at you, you need the words ready:

“I am invoking my right to remain silent. I will not answer any questions without my attorney present. I do not consent to any search of my person, my belongings, or my home. Please give me your business card so my attorney can contact you.”

Then STOP TALKING.

Don’t explain why your not answering. Don’t apologize. Don’t say “I’d love to help but…” Don’t ask what its about. Don’t confirm or deny anything about yourself, your job, your associates, nothing.

Say the script. Get their card. Go back inside.

Will they try to engage you further? Probably. “Just one quick question.” “We’re not accusing you of anything.” “This would be a lot easier if you cooperate.” You respond the same way every time: “I’ve invoked my rights. My attorney will be in contact.”

Repeat as neccessary. They’ll eventually leave.

Step 5: End the Encounter

Get their business cards. Note the time, date, and exactly what was said. Then go back inside, close the door, and call a federal criminal defense attorney immediatley.

Don’t call a friend first. Don’t post about it on social media. Don’t start googling what they might want. Call a lawyer. Today. Right now. Before you do anything else.

The encounter isn’t really over until you’ve got legal representation. Everything between now and that phone call is a vulnerability window.

What to Do If FBI Has a Warrant

A warrant changes the calculus entirely. You still have rights, but you also have obligations. Heres what to do:

Search Warrant

If agents present a search warrant, you must allow them entry. Refusing to let them execute a valid warrant is obstruction and will make everything worse.

But you should:

Ask to see the warrant. You have a right to read it. Look at the address—is it actually your address? Check the scope—what are they authorized to search for? A warrant for documents doesn’t mean they can go through your medicine cabinet. A warrant for your garage doesn’t cover your bedroom.

Don’t interfere with the search. Don’t try to stop them, don’t move evidence, dont destroy anything. Obstruction of justice is its own federal crime and will be charged on top of whatever else there looking at.

You can observe. Unless they tell you to stay in a specific location for safety reasons, you generally can watch the search. Don’t touch anything, don’t try to limit what they’re doing, but you can observe and take notes.

Document everything. If possible, write down what rooms they searched, what they took, who was there. Get names and badge numbers of all agents present. This information will be valuable to your attorney.

You still have the right to remain silent. A search warrant compels you to allow a search. It does NOT compel you to answer questions. “I’m not going to answer questions without my attorney present” applies even during a search. Agents may ask you about items they find. You don’t have to explain anything.

Arrest Warrant

If agents have an arrest warrant with your name on it, your going to be arrested. Thats just reality. But how you handle the arrest matters enormously.

Comply with the arrest. Do not physically resist. Do not run. Do not try to talk your way out of it. You will not succeed, and resisting arrest adds charges and potentially endangers you physically.

Say nothing except this: “I am invoking my right to remain silent and my right to an attorney. I will not answer any questions.”

Then stop talking. Completly. They will try to engage you on the ride. They will try in the processing area. They will make conversation, ask casual questions, try to get you comfortable. Every single word you say can and will be used against you. So say nothing.

Request an attorney immediatley and repeatedly. “I want a lawyer” should be the last thing you say and the only thing you say until you have one sitting next to you.

How a Conversation Becomes a Federal Crime: 18 U.S.C. § 1001

This is where most people get in trouble. Not the underlying investigation—the conversation itself. The 5 year trap.

What the Law Actually Says

18 U.S.C. § 1001 makes it a federal felony to knowingly and willfully make any materially false statement to a federal agent. Break that down:

• Knowingly and willfully: You knew the statement was false when you made it
• Materially false: The lie relates to something that matters to the investigation
• To a federal agent: FBI, DOJ, IRS, any federal investigator

The penalty: up to 5 years in federal prison and up to $250,000 in fines. For talking.

Heres what alot of people don’t realize: no oath is required. This isn’t purgery (thats a seperate crime requiring sworn statements). This is just… a conversation. On your doorstep. In your kitchen. At a coffee shop. Anywhere. If a federal agent asks you questions and you lie, you’ve committed a felony.

The Martha Stewart Warning

Martha Stewart is the cautionary tale everyone should know. She was investigated for insider trading related to a sale of ImClone stock. The government ultimately concluded they couldn’t prove insider trading—the underlying accusation was essentially dropped.

But during the investigation, Martha Stewart talked to FBI agents. And in those conversations, she made statements that weren’t completely accurate. She minimized, she didn’t remeber things correctly, she tried to present herself in the best light.

She was convicted of conspiracy, obstruction of justice, and making false statements to federal investigators. She went to prison for five months and was on supervised release for two years. Not for insider trading. For the conversation.

The conversation was more dangerous then the crime.

This pattern repeats constantly. Michael Cohen. Scooter Libby. Roger Stone. Martha Stewart. The list goes on and on. People who might of walked away from underlying allegations instead went to prison because they talked when they should of stayed silent.

Why Innocent People Get Caught

But wait—what if your telling the truth? What if you have nothing to hide and genuinly want to help?

Still dangerous. Here’s why:

Memory is unreliable. You might genuinly believe your telling the truth but be wrong about a date, a name, a location, a sequence of events. The FBI’s version (based on documents, other witness statements, records) might differ from your recollection. Now you’ve made a “false statement”—even though you beleived it was true.

Inconsistency is evidence. If you tell one story today and remember it slightly differently next week, that inconsistancy can be used against you. Not because you lied, but because your human memory works imperfectly. Prosecutors can argue the inconsistency proves you were lying one of those times.

FBI doesn’t record interviews. Unlike many local police departments, the FBI typically does not record interviews. Instead, agents take notes and later prepare a “302”—a summary of what was said. If your recollection of the conversation differs from the 302, whose version do you think gets believed in court?

Disputes resolved in government’s favor. It becomes your word against a federal agent’s. Agents are trained investigators with documented notes. You’re… someone they think might be guilty of something. Jury’s tend to believe the FBI.

The Brogan Trap

Until 1998, federal courts recognized something called the “exculpatory no” defense. Basically, if all you did was deny wrongdoing—”No, I didn’t do that”—courts held that simple denial shouldn’t be prosecuted as a false statement. It was seen as too close to the Fifth Amendment right against self-incrimination.

Then came Brogan v. United States. The Supreme Court eliminated the exculpatory no defense. Now, even a simple “no” in response to an accusation can be prosecuted if that “no” was false.

“Did you take that money?”

“No.”

If you did take the money, you just commited a federal felony. Not for taking the money—for saying “no.”

The lesson? Don’t answer questions at all. Don’t deny. Don’t confirm. Don’t explain. Don’t clarify. Invoke your right to silence and stop talking.

Are You a Target, Subject, or Witness? Why It Matters

The Department of Justice categorizes everyone in an investigation into one of three buckets. Understanding these categories is crucial because your status affects everything—and can change without warning.

Witness: You have information relevant to the investigation but your not suspected of wrongdoing. Your just someone who saw something, knows something, or has documents they need.

Subject: Your conduct falls within the scope of the investigation, but no decision has been made about whether to prosecute you. Think of this as the “maybe” category. Their looking at you, but they haven’t decided you did anything wrong.

Target: The prosecutor has substantial evidence linking you to a crime and has decided to seek charges against you. This is the “probably getting charged” category.

The problem is: the FBI is under no obligation to tell you which category your in. They might tell you. They might lie. They might not know themselves yet—the case is evolving.

“Your not in trouble” doesn’t mean your not a subject or target. Its just something agents say to encourage cooperation. Remember: they can lie to you. You cannot lie to them.

The Overnight Flip

Here’s what really scares federal defense attorneys: status changes.

Today your a witness. You cooperate, you answer questions, you try to be helpfull. Tomorrow, based on something someone else said—or something you said that you didn’t realize was incriminating—your now a subject. Next week, based on accumulated evidence, your a target.

Everything you said as a “witness” can now be used against you as a target. Every statement you made trying to be helpful becomes a potential false statements charge if any detail was wrong. Every inconsistancy, every misremembered date, every minor error in your helpful cooperation can become federal charges.

This is why federal defense attorneys say: don’t talk. Even if you beleive your just a witness. Even if the agents say your just a witness. Because status can flip overnight, and you have no control over when or why it happens.

Target Letters

Sometimes—not always—if you’re a target, the government will send you a “target letter.” This formally notifies you that your a target of a federal investigation and typically invites you to appear before a grand jury.

If you recieve a target letter, stop everything and call a federal criminal defense attorney immediatly. Do not respond to the letter yourself. Do not try to contact prosecutors to explain. Do not assume you can talk your way out of it. Get a lawyer before you do anything else.

Exactly What to Say (And Nothing Else)

Most articles about FBI encounters tell you to “exercise your rights” but don’t give you actual words. When your adrenaline is pumping and federal agents are staring at you, you need a script. Here it is. Memorize it:

THE SCRIPT:

“I am invoking my Fifth Amendment right to remain silent.”

“I will not answer any questions without my attorney present.”

“I do not consent to any search.”

“Please provide your business card and my attorney will contact you.”

That’s it. Four sentences. Anything beyond this creates risk.

Why you don’t explain your refusal: “I’m not answering because my lawyer told me not to” gives them information. “I’m not comfortable talking without representation” invites negotiation. Just invoke the right. No explanation needed.

Why you don’t answer “just one question”: There’s no such thing. One question leads to another. “That’s all we need” is never true. Every answer you give is a potential false statement charge and more ammunition for the investigation.

Polite but firm: Your not being rude. Your exercising constitutional rights that exist specifically for this situation. You can be respectful—”I understand your doing your job, but I’m not going to answer questions”—without compromising your protection.

Repeat as necessary: They may try multiple approaches. “Just help us understand…” Invoke your rights. “This would go easier if…” Invoke your rights. “We already know everything, we just need…” Invoke your rights. Same answer every time. They’ll eventually move on.

Critical Mistakes That Will Make Things Worse

Sometimes knowing what NOT to do is more important then knowing what to do. Here are the critical mistakes that take a manageable situation and make it disastrous:

Don’t lie. This cannot be emphasized enough. A lie to a federal agent is 5 years in prison. Even a small lie, even an exaggeration, even a “technically true but misleading” statement can be prosecuted. If you feel the urge to shade the truth—don’t talk at all instead.

Don’t physically resist. If agents have a warrant or are making an arrest, don’t fight it. Physical resistance adds obstruction charges, potentially resisting arrest, and can end with you injured. Comply physically while asserting your rights verbally.

Don’t destroy evidence. The moment you know an investigation exists, destroying documents, deleting files, or disposing of potential evidence becomes obstruction of justice. Even if the underlying investigation goes nowhere, obstruction can be charged seperately. Don’t touch anything.

Don’t consent to a search. If they had enough evidence for a warrant, they’d have a warrant. “We can do this the easy way or the hard way” is a bluff. Don’t consent. Make them get a warrant.

Don’t answer “just a few questions.” Theres no such thing as just a few questions. Every answer is a potential problem. Invoke your rights and stop talking.

Don’t post on social media. Don’t tweet about it, don’t post to Facebook, don’t vent on Reddit. Everything you say online becomes evidence. Screenshots last forever. Your “can you believe the FBI showed up” post can and will be used against you in court.

Don’t assume your “just a witness.” Status changes. What you say as a “witness” can be used against you when you become a target. Protect yourself regardless of what they tell you about your status.

Don’t trust “your not in trouble.” Agents are legally allowed to lie to you during an investigation. “Your not in trouble” means nothing. Act as if you might be in trouble, because you might be.

The 48-72 Hour Window: What to Do After FBI Leaves

The encounter at your door isn’t the end—its the beginning. What you do in the 48-72 hours after FBI agents visit can dramatically impact what happens next. Here’s the protocol:

Contact a federal criminal defense attorney immediatley. Not tomorrow. Not “when I get a chance.” Today. Right now. Federal cases move fast, and early attorney involvement can make an enormous difference in outcomes. Many attorneys offer free consultations. Money spent on early legal advice is money well spent.

Make sure its a federal defense attorney specifically. State criminal defense lawyers may not have experience with federal investigations, federal courts, or federal sentencing. You need someone who knows the federal system.

Document everything while its fresh. Write down exactly what happened. What time did they arrive? What did they say? What did you say? What did they ask about? What names did they mention? What documents did they reference? Be as detailed as possible. Memory fades quickly, and these details will be crucial for your attorney.

Preserve all documents and evidence. Don’t delete emails. Don’t throw away paperwork. Don’t “clean up” anything. Once you know an investigation exists, you have an obligation to preserve potentially relevant evidence. Destroying it—even unintentionally—can result in obstruction charges.

Don’t talk to anyone else about it. Don’t call your mother. Don’t tell your best friend. Don’t discuss it with coworkers. Anyone you talk to can be subpoenaed as a witness against you. The only person you should be talking to about this is your attorney—those conversations are priviledged.

Don’t contact potential witnesses. If you know who else might be involved in whatever there investigating, do NOT reach out to them. Don’t try to “get your stories straight.” Don’t try to find out what they know. This looks like witness tampering, and witness tampering is a seperate federal crime.

Prepare for potential follow-up. The FBI may come back. Subpoenas may arrive. You may be contacted by prosecutors. Don’t respond to any of it without your attorney. Every communication should go through legal counsel from this point forward.

Conclusion: Silence Protects the Innocent

Here’s the paradox that most people don’t understand until its too late: in a federal investigation, silence protects the innocent.

Every instinct tells you to explain, to cooperate, to clear things up. You haven’t done anything wrong, so why not just talk? Because the system doesn’t work that way. Your helpful explanation becomes a potential false statements case. Your honest mistake about a date becomes a federal felony. Your desire to be cooperative becomes the rope you hang yourself with.

The agents at your door are not there to help you. There doing their job, which is to gather evidence. Anything you say—anything at all—is evidence. The only way to avoid creating evidence against yourself is to say nothing.

Your rights exist for exactly this situation. The Fifth Amendment right to remain silent. The Sixth Amendment right to an attorney. These aren’t technicalities that guilty people hide behind. There protections that exist because the founders understood that government power needs limits, and individuals need protection from that power.

Use them.

If the FBI shows up at your door: verify their identity, step outside, close the door behind you, invoke your rights, get their card, and call an attorney. Thats it. Don’t engage further. Don’t try to be helpful. Don’t answer “just one question.”

Five years in federal prison for a doorstep conversation. Thats the stakes. Martha Stewart learned it the hard way. You don’t have to.

The conversation is more dangerous then the crime. Remember that.

If you’ve been contacted by the FBI or other federal agents, contact a federal criminal defense attorney immediatley. Early legal representation is critical in federal investigations. Don’t wait until charges are filed—by then, you’ve already made the mistakes that matter most.