If you ever find yourself in a situation where you’re being approached by law enforcement for questioning – formally or informally – it’s important to use discretion. Interacting with police can be intimidating and disorienting, and you don’t want to do such unprepared or without the right professional guidance.
Why You Should Think Twice Before Speaking
Chances are, at some point in your life, a parent, grandparent or mentor told you that if you don’t have anything nice to say, you shouldn’t say anything at all. Well, in the case of speaking with law enforcement, it doesn’t matter if you have something nice, mean, or neutral to say – you probably shouldn’t say anything at all. (At least until you speak with an attorney.)
Here are five specific reasons why staying silent is usually a much better option than speaking:
1. You Have the Right to Remain Silent
First and foremost, you need to know about the Fifth Amendment. This amendment gives you the right to remain silent, meaning you don’t have to say anything that could potentially incriminate you. It’s a protection built into the U.S. Constitution to prevent self-incrimination.
When you talk to the police, even if you believe you are innocent or are just trying to help, anything you say can be used against you. Misunderstandings or innocent comments can be twisted or taken out of context. By staying silent, you protect yourself from accidentally saying something that might be used to implicate you.
As attorney Brian Walker points out, “You don’t need to wait for law enforcement to make the first move, either. If you’ve been contacted by the police – or certainly if you’ve been asked to come in for questioning – you should reach out to an attorney for further guidance on how to proceed.”
Remember, you are not obligated to disclose information to law enforcement or answer questions before speaking to a lawyer.
2. Legal Implications
The law is complex. Unless you’re a lawyer, you probably don’t understand all the legal nuances. You might think you’re providing harmless information, but without a clear understanding of how the legal process works, you might inadvertently confess to a crime or implicate yourself in a way you didn’t intend.
For example, if you give the police a detailed timeline of your whereabouts, and you get one detail wrong, that inconsistency can be used to question your credibility. Even small mistakes can create big problems – often unintentionally.
3. Police Can Misinterpret Your Words
Even if you’re completely honest and accurate, police officers can still misinterpret your words. Their job is to solve crimes, and sometimes this means they might see guilt where there is none. If you say something that seems suspicious – or even give off a particular expression that seems “off” – they could use it to begin pursuing a case against you.
Police officers are trained to ask questions in a way that might lead you to provide incriminating information. They might seem friendly and conversational, but their goal is to gather evidence. Without a lawyer present, you’re at a disadvantage.
4. You Can’t Take Back What You Say
Once you’ve said something to the police, you can’t take it back. Unlike a casual conversation where you can clarify or correct yourself later, statements made to law enforcement are usually recorded and can be used as evidence.
This permanence is crucial. If you say something that the police find useful, they won’t forget it. Even if you later realize you made a mistake or misspoke, it’s too late. That statement is part of the official record and can be used in court.
5. A Lawyer Can Protect Your Rights
Having a lawyer present when speaking to the police is one of the best ways to protect yourself. They understand state law and can guide you through the questioning process. (They’ll also let you know when to remain silent, when to reply, and how to avoid incriminating yourself with your words.) Good lawyers are skilled at spotting tricks or traps that police might use during questioning.
Putting it All Together
It’s natural to want to cooperate with the police, especially if you believe you have nothing to hide. However, the reality is that talking to the police without legal representation can put you at serious risk. By remaining silent and seeking the advice of a lawyer, you protect your rights and avoid the pitfalls that many people unintentionally make.
The police are there to do their job, which is to solve crimes. Your job is to protect yourself. Know your rights and hire an attorney!
