how to talk to cops when you dont have a lawyer

If you do not have a lawyer, you may still tell the officer you want to speak to one before answering questions. If you do have a lawyer, keep his or her business card with you. Show it to the officer, and ask to call your lawyer.

Full Answer

Can I refuse to talk to the police without a lawyer?

You can refuse to talk to the police without a lawyer present. You can say this whether or not you have or even intend to retain a lawyer. A useful variation is to ask the police person to make a list of the questions it wants answered for you to vet with and attorney.

Can I get an attorney if the police keep questioning me?

Yes, you can demand an attorney. The questioning does not have to stop. If the police continue the interrogation (without your lawyer present), your statements and answers cannot be used in court against you. The Miranda warning only applies to criminal suspects and only if they want to use your statements in court.

What should I do if I am arrested without a lawyer?

If you do not have a lawyer, you may still tell the officer you want to speak to one before answering questions. If you do have a lawyer, keep his or her business card with you. Show it to the officer, and ask to call your lawyer.

Do you have to talk to a lawyer before answering questions?

Yes. You have the constitutional right to talk to a lawyer before answering questions, whether or not the police tell you about that right. The lawyer’s job is to protect your rights. Once you say that you want to talk to a lawyer, officers should stop asking you questions.

What is the job of a lawyer?

Can you say you don't want to be interviewed?

Do you have to answer questions if you are stopped?

Can you be arrested for refusing to answer a question?

Can you lie to a police officer?

About this website

Why is it bad to talk to a police officer without an attorney?

One of the main reasons why talking to a police officer isn’t usually a good choice is because they can use the information you tell them against you.

Do you have to answer questions on a DUI test?

For example, if you’re stopped for a DUI, you could provide the police officer with your driver’s license and take the tests required by law, but you don’t need to answer questions. You don’t need to answer them if they ask you how much you had to drink or where you’ve been.

How long do police have to hold you?

What this means is that the Police are literally on the clock. They must prove their case and make it ready for trial within 72 hours of holding you. Though in some cases the Police can request to be granted permission to hold an individual for longer, there has to be some serious evidence for this to be granted.

What is the right to remain silent when arrested?

Since this is based on the 5 th amendment of the constitution that states that a person cannot be forced to give a testimony that can incriminate them or their spouse, the option to remain silent is treated as a citizen’s right. You can get a full description of this amendment in this article.

What does it mean to be innocent until proven guilty?

This means that they will be actively looking for any evidence to support their theories and not those that show your innocence. With this in mind, distrust any offer or promises they make you without an attorney present. Any promise or deal should be made with and through your attorney.

How long does it take to get charged by the police?

To this end, most states demand that the state (Police) either charge an accused within 72 hours or they have to be released.

Can you be out on bail before you know it?

Therefore, you can be out on bail before you know it if you just keep quiet and wait for your attorney. Even if you can’t make whatever bail amount is set by the court, you can get help with that here.

Can you plead the fifth?

No they can’t. Even the courts can’t since you can plead the fifth. The Police will only want to trick you, scare you and intimidate you into talking. If you insist on not talking without having your lawyer around, they will have no choice but to leave you be. This right may however be waived if you are accused of offences that are classified as a threat to national security.

Should anyone who is arrested watch what they say?

Given the above, anyone who is arrested should as a matter of survival watch what they say. How easy is this? Not very easy you will agree especially when emotions are running high and the individual is confused. The best advice is therefore not to say anything until your lawyer gets to you.

What is the job of a lawyer?

The lawyer’s job is to protect your rights. Once you say that you want to talk to a lawyer, officers should stop asking you questions. If they continue to ask questions, you still have the right to remain silent. If you do not have a lawyer, you may still tell the officer you want to speak to one before answering questions.

Can you say you don't want to be interviewed?

You have the right to say that you do not want to be interviewed, to have an attorney present, to set the time and place for the interview, to find out the questions they will ask beforehand, and to answer only the questions you feel comfortable answering. If you are taken into custody for any reason, you have the right to remain silent. No matter what, assume that nothing you say is off the record. And remember that it is a criminal offense to knowingly lie to an officer.

Do you have to answer questions if you are stopped?

Are there any exceptions to the general rule that I do not have to answer questions? Yes, there are two limited exceptions. First, 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.

Can you be arrested for refusing to answer a question?

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. (Non-citizens should see Section IV for more information on this topic.)

Can you lie to a police officer?

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.

When do you stop talking to the police?

If you indicate to the police, in any manner, at any time, before or during interrogation, that you want to stop talking, the interrogation must cease. If you state that you want an attorney, the questioning must end until an attorney is present. Once you have had time to confer with an attorney, you may decide to continue or cease any subsequent interrogation.

Why do police want to talk to you?

First, the police want to talk to you because you are a suspect in a crime. Second, the police want you to be off your guard. The police want to speak with you when you are nervous and vulnerable. The detective wants you to talk. He or she wants you to slip and blurt things out. They want you to make mistakes so they can use them against you. Do not forget that a police officer’s job is to get admissions and evidence from a person.

What is it called when a person is arrested and the police can't begin questioning?

If a person has been arrested, the police cannot begin questioning until the suspect has been read the Miranda rights. This is called a custodial interrogation. Only after the person agrees to give up his right to remain silent and not have an attorney can an interrogation begin. Essentially, the police want you to give up rights guaranteed by the U.S. Constitution.

What does it mean when police interrogate a suspect?

When police officers make an arrest, they commonly want to interrogate (question) the suspect. Usually, they are trying to make the prosecutor’s case stronger by getting a confession. An interrogation can also lead to other evidence or suspect.

What happens if you tell a police officer an incorrect fact?

If you mistakenly tell a police officer an incorrect fact, the officer will believe you are lying. For example, suppose a person mistakenly tells the detective that they were at Burger King on Friday night but was actually at McDonald’s. In that case, the detective will begin to question if the individual is lying.

What happens when you go in alone?

When you go in alone, you have inexperience, fear, uncertainty, and anxiety working against you. You have not been in this situation before. Even if you have, the police possess all of the information. They are in control of the whole situation. That is where they want you. Their experience allows them to exploit your vulnerability. As a result of this pressure, people confess. Even worse, innocent people confess to crimes that they did not commit. Often, the confession is the only piece of evidence they have, that is, until the statement.

What is the pressure filled tactic police use?

One pressure-filled tactic that officers frequently employ involves a false scenario. Police officers often tell people that if you do not talk with them, they “will not help you out” later with the prosecutor. This is wrong and manipulative. But, it is legal. Attorneys know better.

What to say to police when they say no?

That said its my experience that there are only two things that you should ever say to the police. The first is “Am I being detained?” if they say No, then turn around and walk away. If they say yes, then you tell them that you need to see your lawyer. Thats the end of it. The police love to get you to talk so that they can use the circumstances in what your saying to build up the case against you. Make no mistake t

What to do when you are questioned by police?

The first thing you should do when questioned by the police is ask if you are free to leave and insist on an answer. If you are free to leave - do so immediately, even if the officers tell you that you’re acting against your best interest (that’s their opinion and it’s their interests they’re concerned about). If you leave, questioning is over, period. Get up, walk out, don’t look back, don’t respond to anything you’re asked or anything that’s said to you.

What happens if you ask for counsel?

If you ask for the assistance of counsel, questioning will stop. If the police have sufficient probable cause to hold you, you will be booked into jail or returned to jail if you’ve already been booked. If the police do not have sufficient probable cause, you will be released.

How long can a police officer hold you without charge?

Continue Reading. There’s no set time. Police procedurals like Law and Order have popularized the idea the police can hold you for 24 hours without charge, but that’s not a blanket rule. When you are being interrogated as a suspect in a crime but not under arrest, you are subject to investigative detention.

What to do if you are not free to leave?

If you are not free to leave, politely say that you want to speak with a lawyer and have the lawyer present during any questioning. (And no decent lawyer is going to allow questioning to occur.) The questioning should stop immediately - but there may be continued cautions that, in the opinion of the officers, you’re not acting in your best interests. Do not pay any attention to those cautions, let your lawyer make that call. Keep repeating the above request for a lawyer like a mantra. Yes, it may mean that you have to wait for a lawyer, but if you are not free to leave, you have some serious concerns anyway - don’t make them worse.

What amendment gives you the right to an attorney?

Under the Sixth Amendment to the United States Constitution, you have a right to have an attorney present for any and all questioning. And, if you cannot afford an attorney, one must be appointed for you by the Public/Indigent Defender's Office.

Can police return to question you after a reasonable period of time?

Simply refusing to answer questions, is not a clear invocation of your Miranda rights and police can return and attempt to question you again after a reasonable period of time.

What to do if you are being asked to talk to a police officer?

Our attorneys are highly skilled and knowledgeable regarding Florida laws and will assess your case after hearing what you have to say, then determine the best way to proceed. You can trust an attorney from Finebloom, Haenel and Higgins; we will aggressively defend your rights and look out for your future.

How long can a person be questioned by police?

The Court decreed that any person held for a federal crime cannot be held and questioned for longer than six hours unless they are brought before a federal Magistrate Judge. Even with these additional safeguards in place, six hours is a very long time to be questioned by police, and the rules in non-federal cases are often blurry at best. While states are not obligated to follow Federal guidelines, local police departments may choose to err on the side of caution in bringing a suspect before a judge sooner rather than later if only to avoid the possibility of having a coerced confession thrown out—or they may not.

What happens if you don't tell a white lie?

If you are innocent and don’t tell a white lie or give the police a detail they can use against you, what if the police officer you are speaking to doesn’t remember your statement with 100% accuracy? Police are only human, and unless you are being recorded while speaking to the police, they may remember what you said one way while you remember it entirely differently. They may also take a portion of what you said out of context, making it sound like you said something you actually did not mean. Of course you will have the opportunity at trial to tell the jury that you did not say what the officer stated, however in the real world juries are just much more apt to believe a police officer over the person on trial. They will assume that you will lie in order to avoid being convicted of a crime. It may not be fair, or right, but this is the world we live in.

What does it mean when a detective asks you questions?

It is equally important that you understand that if a detective calls and says he just wants to “talk to you and ask you a few questions,” this is exactly the same thing as an interrogation. The police may cloak their request in milder language in order to lull you into thinking there is no reason you shouldn’t talk to them, but police officers are highly trained to extract as much information from a suspect as possible, using any tactics necessary—even if that includes blatantly lying to a suspect.

Do you have to be silent when being questioned by police?

If you are ever in a situation where you are being questioned by the police, it is extremely important that you take your right to remain silent very seriously. In many cases suspects are questioned aggressively to the point they give in and confess—even when they are actually innocent. A 2009 United States Supreme Court ruling addressed this issue in Federal cases after a robbery suspect was held and questioned for two days straight. The Court held that interrogation involving isolation and pressure can lead to involuntary confessions from truly innocent people.

Can the police make a deal with you?

It is important that you understand that the police have no authority to make a deal with you in return for your statement. Of course they may imply they do have such authority, but only the district attorney’s office can offer you a legitimate deal. Police are well-known for telling suspects that “it will be much easier on you, if you just tell me what happened.” This statement is never going to be true, so don’t believe it.

Can talking to a police officer help you?

There are virtually no scenarios in which talking to a police officer will actually help you. If you have been brought in for questioning, it is important that you realize that the police officers believe you have committed a crime and that they have almost enough evidence against you to arrest you. It is highly likely the officers are working under the theory that if they get you to talk, you will give them additional evidence against you. It is probably fair to say that no one has ever talked their way out of an arrest; if you deny that you had any part in committing the crime in question it is highly unlikely you will be believed—after all, the police believe all suspects are guilty and that you will lie to get yourself out of trouble. There are many, many, people who believed they were eloquent or well-educated enough to convince a police officer they had no part in committing the crime in question, yet many of those people are currently sitting behind bars. Remember: There is absolutely nothing to be gained by talking to the police—it will not stop the police from arresting you and, in the end, will only hurt your case and your future.

How to not lie to police?

The officer might ask "Do you know why I stopped you?" If you answer at all, your answer should always be "No ." Similarly, if the officer asks "Do you know how fast you were going?," the best answer is "Yes." The officer may then tell you how fast you were going but do not argue. Your best strategy may be to engage in a bit of reflective listening, saying "Hmmm" and "I see" and "I understand," without saying anything substantive. You can also choose not to answer the officer's questions at all. Silence is not an admission of guilt and generally cannot be used against you in court.

How to tell police you were stopped?

Do not act hostile or defensive. Do not insist that the officer tell you why you were stopped. Instead, just reply, "Sure" or "Of course," and hand over the documents. If you have to reach into your glove compartment, purse, or pocket, you can tell the officer that you will need to do so and wait for permission.

What to do if you are arrested for a traffic stop?

If you were ticketed or arrested, talk to a local criminal defense attorney who handles traffic cases. An attorney can tell you what to expect in court and how to mount the strongest possible defense. If you have been careful during the traffic stop, you will probably be in a much better position to defend yourself in court.

What to do if you reach into your purse?

If you have to reach into your glove compartment, purse, or pocket, you can tell the officer that you will need to do so and wait for permission. Many police officers are trained to act as though they might let you off with a warning but only if you cooperate and answer their questions.

How to get off with a warning?

Often, the officer will try to get you to admit that you committed a violation. For example, do not be tempted to apologize in the hopes of getting off with a warning. Saying something like, "Yes, officer, I know I was speeding, but I promise to be more careful next time," is only an admission of guilt. Sometimes, officers will try to get you to admit that you were not paying attention and you do not know whether you committed a violation or not. Do not do so.

Do you have to tell police about a gun?

In other states, you are not required to tell an officer, but you may decide to tell the officer about a weapon. Say, for example, you need to open the glove compartment and the gun is inside it. Familiarize yourself with the gun laws in your state and act accordingly.

Can an officer ask to search my car?

The officer may ask to search your car. Never consent to a search. It's much harder to challenge any evidence that is found in your car if you consent to the search. And, if the officer has legitimate grounds to search your car, he or she is going to search the car whether you give permission or not. Many times, officers will ask for your consent to search your car when the officer knows that there are no legal grounds to support a search without your consent.

What happens if an attorney has not yet had time to confer with their client?

If the attorney has not yet had time to confer with their client and learn the truth, how things went down, etc to work on strategy then silence is golden. Sometimes after speaking with the client they decide that certain statements are necessary.

Why don't attorneys burst in?

Another reason attorneys don’t burst in is that the very moment a potential criminal asks for an attorney then questioning stops immediately. There is no reason for an attorney to burst up in there when their client is sitting there often alone. If they invoke their right to silence or ask for an attorney’s counsel then any questioning conducted from then on is garbage and an officer will be flushing the case down the toilet to continue.

What happens if you invoke the 6th amendment?

If someone were to invoke their Sixth Amendment right to counsel, but then continue to answer questions from the police willingly, they would run the risk of the court finding a waiver of their Fifth Amendment rights. There are two separate rights that you want to invoke when asking for a lawyer.

What happens if you refuse to sign an affidavit?

In many states in the US, you will be required to sign a statement affirming that you have been advised as to your rights. If you refuse, you will be advised again, either in front of witnesses, who will then sign an affidavit saying they witnessed it, or it will be on videotape.

What happens if a judge finds you indigent?

If the judge found you to be indigent, he would appoint counsel for you. The judge, not the defendant, decides whether the defendant can afford to hire a lawyer. I've seen several cases where a defendant had resources, but didn't want to expend them on legal counsel.

What does it mean when someone says anything you say can be used against you?

Also, anything you say that would tend to be exculpatory or lend to your innocence will neither be recorded or introduced in court on your behalf. So give them only the basic information needed to book you and is required for a bond and remain quiet.

How many ways do police get convictions?

The Police have a difficult job and you can forget what you see on television. There are three main ways they get a conviction.

What is the job of a lawyer?

The lawyer’s job is to protect your rights. Once you say that you want to talk to a lawyer, officers should stop asking you questions. If they continue to ask questions, you still have the right to remain silent. If you do not have a lawyer, you may still tell the officer you want to speak to one before answering questions.

Can you say you don't want to be interviewed?

You have the right to say that you do not want to be interviewed, to have an attorney present, to set the time and place for the interview, to find out the questions they will ask beforehand, and to answer only the questions you feel comfortable answering. If you are taken into custody for any reason, you have the right to remain silent. No matter what, assume that nothing you say is off the record. And remember that it is a criminal offense to knowingly lie to an officer.

Do you have to answer questions if you are stopped?

Are there any exceptions to the general rule that I do not have to answer questions? Yes, there are two limited exceptions. First, 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.

Can you be arrested for refusing to answer a question?

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. (Non-citizens should see Section IV for more information on this topic.)

Can you lie to a police officer?

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.