You Have the Right to Remain Silent: What To do if the Police Want to Talk

Maybe you’ve seen a few television or movie crime dramas where the police are investigating someone under suspicion of committing a crime.  They bring the suspect into the police station, place him or her in an interrogation room and make that person sweat it out while they talk strategy from behind a one way mirror.  The strategy is usually Good Cop, Bad Cop.  The Bad Cop taunts the suspect, making them fearful, and the Good Cop is there to comfort and console the suspect into giving up all his constitutional rights and giving a full confession.

Unfortunately, Good Cop, Bad Cop doesn’t just happen on the television or movie screen – it happens in real life.   If you ever find yourself in a situation where you are under investigation by law enforcement, do not be surprised if this strategy is used on you.  Many people are either unaware of the constitutional right to remain silent, or they believe they can explain everything away by talking to the police.    You can protect yourself by knowing what your rights are.

Protect Yourself by Remaining Silent

You have the right to remain silent.  If you are contacted by law enforcement, you are not under any obligation to speak with them.   The time or place does not matter – whether it is at home, at work in the middle of the day, in public, or at the police station.  If the police are investigating you, the best thing you can do to protect yourself is tell them that you do not wish to make a statement.  Refusing to provide a statement can sometimes prevent the situation from becoming worse, and even from charges being filed.  If you are placed under arrest or are in custody, law enforcement is required to advise you of your "Miranda Rights".  The name comes from the landmark 1966 United States Supreme Court decision requiring that in order to safeguard a person’s constitutional right against self-incrimination, upon custodial interrogation, law enforcement is required to advise you that you have the right to remain silent, and that anything you say can be used against you.   Do not ever waive or give up these rights. 

Talk to a Lawyer

You have the right to an attorney.  If you already have an attorney, let law enforcement know that you have one and they can direct any questions to your attorney.  If you do not have one, find an attorney who is experienced in criminal defense and have them handle all communications with law enforcement.  Law enforcement may tell you that having an attorney makes things more complicated, or that if you just handle it yourself, they can dismiss the charges or speak to the prosecutor on your behalf.  These are common tactics used to get you to talk, but don’t fall for it.

There is also a common misperception that refusing to talk or asking for an attorney makes a person look guilty, and if you are innocent there is no problem talking to law enforcement.  I would caution against that line of thinking, as there are many people who are wrongfully accused and later convicted based on statements made to law enforcement.  The fact that you chose to remain silent and/or asked for an attorney, cannot be used against you.  Many crimes in California are "specific intent" crimes, meaning that law enforcement and the prosecution have to prove that you intended to commit the crime.  The easiest and best way for them to do that is to obtain a statement from you, and any statement you make will be used against you.

Knowing your rights is important and is the best thing you can do to protect yourself.  Although I always advise that you invoke your right to remain silent, remember to always be respectful.  Being respectful , cooperative, and calmly asserting your right to remain silent is the best way to handle any situation with law enforcement. 

• This page is provided for informational purposes only. If you need advice regarding a criminal law problem,
  click here to talk to Nicole Valera or a Criminal Defense Lawyer near you.

Nicole Valera practices criminal defense in all of Southern California and provides free initial consultation.  867 S. Atlantic Blvd. Monterey Park, CA 91754 Tel: (626) 289-0100 Email: Nicole@NicoleValeraLaw.com Website: Nicole Valera Law

This article does not constitute any legal guarantee or advice for any individual matters and does not create an attorney client relationship with the readership.