As a criminal defense attorney, I’ve seen countless situations where people—often with the best intentions—volunteer information to the police, only to find themselves in a compromised legal position. It’s natural to think “I have nothing to hide, so why not talk?” But the reality is more complicated. Here’s why you should consider consulting an attorney before speaking with law enforcement.
1. Anything You Say Can (and Likely Will) Be Used Against You
This is not just a phrase from television dramas; it’s a central tenet of criminal law. Once you’re in custody or being questioned, your statements become evidence. Even offhand remarks, jokes, or clarifications can be taken out of context and used in ways you never intended. You can’t predict how the officer, a prosecutor, or a judge will interpret—or reinterpret—what you say.
Key Takeaway: It’s better to stay silent and wait for legal counsel than to accidentally provide incriminating or misleading information.
2. Police Are Trained Interrogators
Police officers have extensive training in interrogation tactics. They understand how to build rapport, apply subtle pressure, and use leading questions. These strategies can cause you to let your guard down or say something that might not be entirely accurate—especially if you’re anxious or caught off guard.
Key Takeaway: Don’t underestimate the skill of law enforcement in extracting information. Once you’ve spoken, you cannot take your words back.
3. Your Words Can Be Twisted—Even If You Are Innocent
You might believe that telling the “whole story” will clear everything up. But if police officers already suspect you of wrongdoing, they’ll be listening to your account with a critical ear. Small inconsistencies, slips of the tongue, or outright mistakes in your recollection can be portrayed as lies or evidence of guilt.
Key Takeaway: The truth can be misconstrued if you’re nervous or stressed. Having an attorney present ensures clarity and protects your interests.
4. You May Not Fully Understand Your Legal Rights
Most people aren’t familiar with the intricacies of criminal procedure. Police might phrase questions in a way that seems harmless when, in reality, those questions are crafted to elicit evidence. If you’re not sure about your rights—or the potential implications of answering—you could give away crucial details.
Key Takeaway: An attorney will help you navigate what to say (if anything) and how to handle law enforcement questions professionally and legally.
5. The ‘Friendly Chat’ Might Already Be an Investigation
Sometimes people think they’re just having a “casual conversation” with the police, not realizing they’re in the early stages of an investigation. Officers might say they just want to “ask a few questions” to clear things up. Regardless of how friendly or informal they seem, they could be collecting statements to build a case.
Key Takeaway: Even if the police do not read you your Miranda rights, what you say can still be used against you. Talk to a lawyer before answering any questions.
6. Protecting Your Rights Is Not a Sign of Guilt
It’s common to worry that exercising your Fifth Amendment right will be seen as suspicious or as an admission of guilt. But our legal system is built on the presumption of innocence, and your right to remain silent is a fundamental protection. Assert it without fear.
Key Takeaway: Asking for legal counsel or refusing to speak does not make you look guilty; it makes you look informed about your rights.
7. Building a Strong Defense Starts Early
Defenses can be unwittingly weakened by statements made during police questioning. In some cases, missteps can’t be undone later. By consulting a criminal defense attorney early in the process, you give yourself the best chance at a favorable outcome.
Key Takeaway: Silence can be a powerful tool in preserving your defense options. Your lawyer will guide you through the safest and most strategic approach.
8. Consulting an Attorney Is a Wise Investment in Your Future
You might feel that hiring an attorney is costly, but the price of a misstep during an interrogation can be far higher—financially, professionally, and personally. A knowledgeable criminal defense attorney can help you avoid common pitfalls, ensure your rights are respected, and build an effective strategy on your behalf.
Key Takeaway: Skilled legal representation is your most reliable ally when facing potential criminal charges.
Final Thoughts
If you’re approached or questioned by the police—whether you think you’re a suspect, witness, or just part of a casual inquiry—resist the urge to speak without an attorney present. Your best course of action is to politely but firmly decline to answer questions until you’ve consulted legal counsel. Remember, your rights exist to protect you, and exercising them is not an admission of guilt.
If you need guidance on dealing with the police or believe you’re under investigation, contact our office, Jeff Nehring or Hernando Perez, for a confidential consultation. We’ve defended the rights of individuals for years and can guide you safely through the legal process.