Common Mistakes People Make When Talking to Police — and How to Protect Yourself Legally
Whether you are at a traffic stop, the police station, or your home, talking to the police can be intimidating. Officers will use that to their advantage and use deceptive (yet legal) tactics to try to get you to incriminate yourself or others. If you are ever questioned by the police for any reason, don’t fall victim to common mistakes that could land you behind bars despite your innocence. Here’s a look at the most common errors defense attorneys see their clients make, along with some tips for avoiding them.
Talking Too Much
If you are questioned by the police, your instinct may be to explain your innocence or try to help. You may also feel compelled to defend yourself and argue against any accusations. But remember, you have the right to remain silent, and you should use it. Although they may indicate otherwise, officers are not trying to protect you, nor are they on your side. They are trying to collect evidence, so you should offer only yes or no answers to their questions and not provide any additional information. Be cooperative and polite, but remain firm in stating that you want to remain silent and want to have a lawyer present before answering any questions.
Consenting to a Search without a Warrant
Unless police have a warrant or probable cause, they are not allowed to search your property without your consent. There is no situation in which consenting to a search will benefit you. Do not allow a search of your home, car, or cell phone. Again, be polite but clear and state, “I do not consent to a search.”
Lying to the Police
Whether or not you’re guilty of a crime, it is never a good idea to lie to police. Providing false information may lead to additional charges of obstruction or false reporting, so you should never try to lie or mislead police during questioning. Additionally, lying during early stages of an investigation and then revealing the truth later will cast doubt on your story and make it easy for prosecutors to paint you as dishonest in front of a jury.
How to Protect Yourself
Police can and will say just about anything to try to make you feel more comfortable talking to them or intimidate you into talking. They may even claim that they know certain facts of the case when they do not actually have any evidence to support those claims. Instead of trying to reason with police, take the following steps:
- Ask if you’re free to go – At any time you’re being questioned, you may ask if you are being charged with a crime and if you’re free to go. If you are not being detained, you can simply walk away.
- Exercise your right to remain silent – You should provide basic information like your name, address, and other identifying information that the police request. Otherwise, it is acceptable to remain silent and refuse to answer any questions. Officers may be persistent and continue to try and ask questions, but you should remain firm and assert your rights.
- Call a lawyer – If you are detained or arrested, ask that your lawyer be present. Even if you are released, it is a good idea to contact a defense attorney to document the interaction with the police in case you are later arrested.
With Janet Altschuler, Attorney at Law, your rights always come first. Ms. Altschuler is an experienced criminal defense attorney in Tucson, and she only focuses on criminal cases to provide her full attention to every case. Contact our office today at 520-247-1789 or 520-200-5003 if you are arrested or being investigated for any crime in Southern Arizona.