As a defense attorney with over 20 years of experience, we know that what to say to the police is one of the most important, pressing decisions you can make. For many reasons, it could be the difference between freedom and a mess of charges against you. So, what is it that you should say to a police officer who has stopped you or has invited you to the station to chat?
Let’s take a look at that.
Mouth closed = case closed?
If the police want to talk to you to get your side of the story, even if you are innocent beyond the shadow of a doubt, it’s important to know that speaking to the authorities can mean placing yourself in hot water. Police officers have increasingly difficult duties. We owe them gratitude and respect for protecting citizens, but that doesn’t mean you owe them information or even cordial conversation that can lead to unforeseen trouble for you.
The very best thing you can say to police interrogating you is absolutely nothing at all unless you are asking for your attorney. I’ve seen clients, time and again, paint themselves into a corner with police because they were trying to explain or justify their actions or give information that they didn’t realize affected them. There’s a reason we have that ever-prized Fifth Amendment right to remain silent, and we all need to understand the importance of utilizing that right.
Speaking to the police to defend or explain yourself or deciding to remain silent could easily be the difference between taking a mandatory ride in the back of a cop car and walking away freely.
Friendly tactics are NOT your friend
We’ve covered in great detail the lengths to which officers are willing to go to gather incriminating evidence and information, so it’s imperative to remember that if you receive a friendly invitation to go into the police department “just to talk,” you should think twice.
You see, until an officer actually places you under arrest, they don’t have to read you your right to remain silent. I’ve seen clients claim they weren’t read their rights and assume their arrest is invalid as a result. However, in actuality, that client gave up the information necessary for an officer to place them under arrest. At that point, they are aware that they have the right to an attorney and remain silent.
You always have the opportunity to remain silent when speaking with the police, so be sure to take it before it’s too late. It’s very common to see clients arrested for something that could’ve been completely avoided had they simply kept quiet.
What if they need a response?
Life can change in an instant, and you may find yourself in a predicament where there is evidence against you or you’ve perhaps been apprehended while making a mistake. You are correct to assume that there are questions to be answered, but that doesn’t mean those answers have to come from you.
An experienced and trusted defense attorney can speak to the police on your behalf and relay to them all the necessary information while not further incriminating you. Because of the extensive experience we have in this arena, we’re well-versed in what to say to law enforcement and exactly how to say it, so let your lawyer do the talking.