The Police Want to Talk to You. What Should You Do?
Short answer: If police want to question you about a possible crime, you have the right to remain silent and the right to a lawyer. To use those rights, say clearly that you will not answer questions and want a lawyer. Be polite, do not lie, do not consent to searches, and contact a criminal defense attorney before any interview.
Many people believe they can explain their way out of a misunderstanding. Sometimes an investigator encourages that belief. But an interview is primarily a way for law enforcement to gather evidence, and what you say can be used even if you never meant to admit anything.
Your rights, in plain English
- The right to remain silent. You do not have to answer questions about a possible crime.
- The right to a lawyer. You can ask for a lawyer before and during questioning.
- The right to refuse consent to a search. Officers may still search if they have a warrant or another legal basis, but you do not have to agree.
Say it out loud: Courts generally require you to clearly invoke your rights. Simply staying quiet may not be enough. Say the words: "I am going to remain silent, and I want a lawyer."
What to say
"I'm not going to answer questions without my lawyer. I don't consent to any searches."
Then stop talking about the matter. You can be polite and calm. If you are not under arrest, you can ask whether you are free to leave.
Do and don't
Do
- Stay calm and polite
- Ask for a lawyer clearly
- Ask if you are free to leave
- Provide identification when legally required
- Write down what happened afterward
Don't
- Lie or give false information to an officer, which can be a separate crime
- Try to explain or argue your side
- Consent to searches of your phone, car or home
- Physically resist, even if you believe the stop is unlawful
- Talk to friends, family or social media about the investigation
Why talking rarely helps
Investigators are allowed to use certain persuasion tactics, including suggesting they already have evidence. Statements are often summarized in reports rather than recorded word for word. And a small inconsistency between your statement and other evidence can be presented as a lie. A lawyer can decide whether, when and how any information should be shared.
If you get a call or a business card
- Don't call back yet. Note the officer's name, agency and phone number.
- Call a defense lawyer. Your lawyer can contact the investigator and learn what the investigation is about.
- Let your lawyer handle contact. Decisions about an interview should be made with full information.
Talk with a lawyer
Heather Harris spent thirteen years as a prosecutor and has seen how statements shape cases. Heather Harris Law represents Brevard County clients in criminal investigations and defense. See also what a former prosecutor sees in your case.
Frequently asked questions
Do I have to talk to the police in Florida?
Generally, no. You have the right to remain silent about a possible crime. You may be required to identify yourself in certain situations, such as a lawful traffic stop.
Does asking for a lawyer make me look guilty?
Using your constitutional rights is not evidence of guilt. It is a standard, protective step recommended by defense lawyers.
What if I already talked to the police?
Stop talking now and contact a defense lawyer. A lawyer can review what was said and whether it can be challenged.
Heather Harris Law, 650 South Courtenay Parkway, Suite 101, Merritt Island, FL 32952. Call (321) 452-7055. Heather Harris spent thirteen years as an Assistant State Attorney before opening her practice and is licensed in Florida and Alabama. This article is general information, not legal advice, and reading it does not create an attorney-client relationship.