If police officers want to question you about a crime, the safest response is generally to remain calm, clearly state that you wish to remain silent, and ask to speak with a criminal defense attorney. Even if you are innocent, voluntarily answering questions without legal advice can create serious and unexpected problems.
A Fort Lauderdale criminal lawyer can help you understand why the police want to speak with you, whether you may be a suspect, and how to protect your rights before any questioning takes place.
Can I Refuse to Answer Police Questions?
In many situations, yes. The Fifth Amendment protects individuals from being compelled to incriminate themselves. If you are subjected to custodial interrogation, you have the right to remain silent and the right to consult with an attorney.
To protect those rights, be direct and unambiguous. You can say:
“I am exercising my right to remain silent. I want to speak with a lawyer.”
Do not argue, resist, or attempt to explain your side of the story. Provide basic identifying information when legally required, but avoid discussing the alleged incident, your whereabouts, other people involved, or potential evidence until you have consulted an attorney.
What If the Police Say I Am Not Under Arrest?
Being told that you are not under arrest does not necessarily mean that you are not under investigation. Officers sometimes contact people informally, ask them to come to the station voluntarily, or describe a conversation as an opportunity to “clear things up.”
Before agreeing to an interview, ask:
- Am I being detained?
- Am I free to leave?
- Am I a suspect in an investigation?
- Can I speak with a lawyer before answering questions?
If officers say that you are free to leave, you may calmly end the conversation and contact an attorney. If you are detained, do not physically resist. Invoke your right to remain silent and request counsel.
Do Police Have to Read Me My Miranda Rights?
Police do not have to read Miranda warnings every time they approach or speak with someone. The warnings are generally required before a person in custody is subjected to interrogation. A voluntary conversation on the street, over the telephone, or at a police station may not qualify as custodial interrogation.
This distinction is important. Statements made voluntarily before an arrest may still be used as evidence, even if police never provided a Miranda warning. The absence of a warning does not automatically make every statement inadmissible.
Under Miranda v. Arizona, a person facing custodial interrogation must be advised of the right to remain silent, that statements may be used as evidence, and the right to an attorney. Once a person clearly requests counsel during custodial questioning, interrogation generally must stop until counsel is present.
Why Is Talking to the Police Risky If I Am Innocent?
Innocent people often assume that complete cooperation will quickly resolve a misunderstanding. Unfortunately, police interviews are conducted to gather evidence, and an officer may already have information that has not been disclosed to you.
Speaking without a lawyer can be risky because:
- Stress may cause you to remember a detail incorrectly.
- An innocent mistake may be interpreted as a lie.
- Your words may be taken out of context.
- Police may compare your statement with incomplete or inaccurate witness accounts.
- You may unintentionally provide information that connects you to an investigation.
- A seemingly minor inconsistency may be used to challenge your credibility.
You may also misunderstand the subject of the investigation. Someone contacted as a “witness” can later become a suspect as additional information is gathered.
Can the Police Question Me at My Home or Workplace?
Police may attempt to speak with you at your home, workplace, or another location. You generally do not have to invite officers into your home unless they have a valid warrant or a recognized legal exception applies.
Ask whether they have a warrant. If they do, do not interfere with its execution, but you may request a copy and contact an attorney immediately. A search warrant does not require you to answer questions about what officers find.
At work, an unexpected police visit can create additional pressure and embarrassment. You can politely decline to discuss the matter and state that your attorney will contact the investigating officer.
Should I Talk If the Police Promise It Will Help Me?
Do not rely on informal assurances that talking will “make things easier” or that officers simply need your side of the story. Police officers generally do not have authority to guarantee that you will not be arrested, charged, or prosecuted.
An experienced defense attorney can communicate with investigators, determine what information they are seeking, and evaluate whether providing any statement could benefit you. If an interview is advisable, your attorney can help prepare you and be present during questioning.
What Should I Do If Police Want to Question Me?
Remain respectful and avoid sudden movements, arguments, or physical resistance. Ask whether you are free to leave. If you are, end the encounter calmly. If you are detained or arrested, clearly invoke your right to remain silent and request an attorney. Do not discuss the case in a patrol car, booking area, jail telephone call, or with other detained individuals.
Contact Hassett & Associates, P.A.
Kenneth P. Hassett has practiced criminal defense since 1991 and has represented clients throughout Fort Lauderdale, Broward County, Miami-Dade County, and South Florida. He is a former president of both the Broward Association of Criminal Defense Lawyers and the Florida Association of Criminal Defense Lawyers–Miami Chapter.
If police officers have asked to interview you, you have learned that you are under investigation, or you have already made a statement, contact Hassett & Associates, P.A. as soon as possible. A knowledgeable Fort Lauderdale criminal lawyer can evaluate the circumstances, communicate with law enforcement on your behalf, and work to protect your rights before charges are filed or questioning continues.
