Resource
Should You Talk to the Police?
This is one of the most important decisions you will make after an arrest or during an investigation.
The short answer
No. You should not speak with police about your case without first speaking with an attorney. This applies whether you are innocent, whether you want to explain yourself, or whether you think talking will help. Invoke your right to remain silent and ask for an attorney.
Why you have the right to remain silent
The Fifth Amendment to the United States Constitution gives you the right not to answer questions that could incriminate you. When police give you the Miranda warning — "you have the right to remain silent" — they are legally required to inform you of this right before a custodial interrogation.
This right exists because the legal system recognizes that questioning by police is inherently pressured, and that people say things — even true things — that can be used against them in ways they did not anticipate. The right to remain silent is not a technicality. It is a fundamental protection.
What people get wrong about this
"I just want to explain what happened."
This is the most common reason people talk to police without a lawyer. The problem is that even an honest, accurate explanation can create inconsistencies when compared to later statements, be mischaracterized in a police report, or inadvertently confirm elements of the charge. Explain your situation to your attorney first.
"If I don't talk, they'll think I'm guilty."
Invoking your right to remain silent cannot be used against you at trial. A judge cannot tell a jury "the defendant refused to talk to police" as evidence of guilt. Silence is not an admission. It is a constitutional right.
"I didn't do anything wrong, so I have nothing to hide."
Innocent people are convicted based on statements they made voluntarily to police. Not because they lied — but because their statements were incomplete, were misunderstood, contradicted something else, or were used to build circumstantial evidence. Being innocent does not make talking safe.
"The officer seemed helpful and understanding."
Officers may be professional and even pleasant during questioning. Their job is still to gather evidence. A friendly conversation can still produce statements that are used to prosecute you.
What to say to police
You can be polite. You do not need to be hostile or confrontational. The statement to use is simple:
"I am invoking my right to remain silent
and I would like to speak with an attorney."
After saying this, stop talking. Do not explain why. Do not elaborate. Do not answer follow-up questions. The statement is complete as it is. Wait until you have spoken with an attorney.
After you are arrested
Once you are in custody, police are required to stop questioning you once you clearly invoke your right to an attorney. If questioning continues after you have invoked this right, that is a constitutional violation that your attorney can raise.
Contact an attorney as soon as you are able. The earlier in the process you have legal guidance, the more options are available to you.
Arrested or under investigation in Northeast Ohio?
Call now for a confidential consultation.