When I am Arrested, Should I Speak with a Police Officer?


You could be questioned by law enforcement officers on the suspicion that a crime was committed, by you or by people who were on the same premises you were in at the time of your arrest. As a U.S. citizen, you have rights and you don’t need to answer questions asked by law enforcement officers. You have the constitutional right to remain silent. In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be punished for refusing to answer a question. It is a good idea to talk to a lawyer before agreeing to answer questions. In general, only a judge can order you to answer questions.

However, it is important to note that there are some exceptions. In some states, you must provide your name to law enforcement officers if you are stopped and told to identify yourself. But even if you give your name, you are not required to answer other questions. If you are driving and you are pulled over for a traffic violation, for example, the officer can require you to show your license, vehicle registration, and proof of insurance (but you do not have to answer questions).

Consult with a Lawyer First

If you have been suspected of committing a crime, consulting with a criminal defense lawyer is the next step. Being arrested can leave an individual in a state of confusion, of fear, and distress. Integrative questions can be personal, uncomfortable, and an invasion of privacy, you have the constitutional right to talk to a lawyer before answering questions, whether or not the police tell you about that right.  

Your testimony can be used against you

Anything you say to a law enforcement officer can be used against you and others. Keep in mind that lying to a government official is a crime but remaining silent until you consult with a lawyer is not. Even if you have already answered some questions, you can refuse to answer other questions until you have a lawyer. You should never talk to the police without first consulting an attorney. Police officers are trained to obtain confessions, admissions, and inconsistencies. If you are innocent, they will use inconsistencies in your statements as evidence of guilt. There may be things that you did that make you look guilty which law enforcement will exploit. They may take your statements out of context or misunderstand you.  When the officer later testifies at a hearing or at trial, they will testify to what they remember that you said, not to what you actually said.

Remember Your Miranda Rights

You have the right to remain silent, this is the most commonly heard phrase in the areas of law enforcement and the judicial system, and it is protected by the constitution.

The Miranda warning outlines the following rights:

  1. You have the right to remain silent
  2. Anything you say can and will be used against you in a court of law
  3. You have the right to an attorney
  4. If you cannot afford an attorney, one will be appointed for you

In any case, it is advisable to stay silent to avoid saying anything that might make you look guilty. You can tell the arresting officer that you would like to invoke your right to remain silent and would like an attorney.

To learn more, click here.