What To Do If Police Want To Speak With You
WHAT DOES IT MEAN IF POLICE WANT TO SPEAK WITH ME?
If you are asking this question, then you likely are concerned that you have been accused of, or have done something that could have criminal implications. If police are looking to speak with you, that means they are conducting an investigation. If you have done something, or have been accused of something that could be a crime - it is safe to assume that you are the subject of law enforcement’s investigation. If this is the case for you, it is time to consult with an attorney before moving any further. Even if you are innocent, you may be subject to an investigation and could unknowingly give information that could be used against you.
SHOULD I SPEAK TO LAW ENFORCEMENT ABOUT MY CASE?
Never without consulting an attorney. You are never required to speak to law enforcement as a witness or a suspect, and shouldn’t do so. Even if you are completely innocent and just want to be helpful and compliant - speaking to law enforcement could result in unintentionally giving them information you thought was harmless, but in reality is information that they can use to build a case against you, and never would have had if you had not given it to them.
For example, an innocent person who has been accused of a DUI may want to tell law enforcement that they were sober when they were driving their vehicle, feeling they have nothing to hide. However, what is not considered is that in telling them this, you have given them information - that you were the driver of the vehicle. Maybe law enforcement could have never proved that you were driving the vehicle or even in the country at the time of the crime; but now that they have your statement they can.
YOU HAVE RIGHTS, USE THEM.
You have a right to remain silent.
You are never required to speak to law enforcement whether as a witness, or the subject of their investigation. Even if you have nothing to hide, there is no reason to speak to police without an attorney.
You have the right to an attorney at every critical stage.
Even if police are just looking to speak with you, you have the right to have an attorney present for that - or have the attorney speak on your behalf so that your statements cannot be used against you.
How do I assert my rights?
By clearly and unequivocally doing so. Tell law enforcement politely, but clearly that you will not be speaking to them without an attorney, and you are requesting that attorney now. Law enforcement can no longer question you after you have asserted your rights. Asserting your rights doesn’t make you look guilty - it makes you look smart.
CAN A POLICE OFFICER LIE TO ME?
Police absolutely can lie to you - and do. It is a misconception that police must be honest with you and disclose information. Often, police don’t have to be dishonest to get people to say things that are damaging to their case - they can get you to talk by either applying pressure, or being friendly. Think classic “good cop / bad cop” tactics. Many people will feel pressured and nervous when confronted by law enforcement and feel they have no choice but to speak to them. Police can also say things to apply more pressure; they can lie and mislead you to get you to speak with them, or even make threats of what they may do if you don’t speak with them whether those threats are empty or not. In the alternative, officers may try to earn your trust by commiserating with you to make you feel that they want to help you, or by telling you that they aren’t actually investigating you or intending to arrest you, even when they are and very much can do so. Don’t fall for these tactics.
CAN MY ATTORNEY TALK TO POLICE ON MY BEHALF?
Yes we can. It is true that everything you say can and will be used against you in court - but that does not apply to your attorney. As your attorney, we can defend you to law enforcement without those statements being turned against you. In some cases it may be best to say nothing to law enforcement at all, in some some there may be helpful information we can provide them to urge them against bringing charges against you. We can help you decide what is the best course of action in your case.
