Why you should not talk to the police
Do not talk to the police about the case without a lawyer, whether you are under arrest, being questioned as a witness, or just got a phone call from a detective. Nothing you say to them can be taken back. A lawyer can speak for you, and decide with you whether you should say anything at all.
The short answer
You have a constitutional right not to be a witness against yourself in a criminal case [1]. The police are allowed to ask you questions. You do not have to help them build a case against you by answering.
Before custodial questioning, police must warn you that you have the right to remain silent, that anything you say can be used as evidence, and that you have the right to a lawyer, retained or appointed [2]. Those warnings exist because what people say to the police is used in court.
The words to use
Say this, then stop
"I want to remain silent. I want a lawyer."
If you say you want to remain silent, the questioning must stop. If you say you want a lawyer, it must stop until a lawyer is present [3]. Once you are in custody and have asked to deal with the police only through a lawyer, they may not question you again until a lawyer is made available, unless you start the conversation [4].
The words matter. The Supreme Court has held that the right must be invoked clearly, and that simply staying silent during questioning did not invoke it [5]. Saying "maybe I should talk to a lawyer" is not as clear as "I want a lawyer."
Why talking hurts, even when you are innocent
- You do not know what the police already have. A small detail you get wrong can be used to say you lied.
- Police write the report, not you. What ends up in it is their summary of what you said.
- Questioning is built to get you talking. Friendly officers, "just to clear things up," or "your friend already told us" are common approaches.
- An explanation that sounds good tonight may not fit the evidence you have not seen yet.
None of this means you have something to hide. It means a lawyer should hear your side first, in private, and decide with you what, if anything, to say.
Where else people talk without meaning to
- On jail phone calls. Assume they are recorded. Do not discuss the case with family on them.
- In the holding cell. Other people there are not your lawyer.
- In text messages and social media posts. Do not post or message about the case, and do not contact the complaining witness.
- With a "friendly" detective who calls weeks later. The advice is the same: have a lawyer call them back.
What the judge tells you at the first appearance
Some courts build this warning into the first court date.
Florida
At first appearance the judge must tell you that you do not have to say anything and that anything you say may be used against you [6].
Federal court
At the initial appearance on a felony, the judge must tell you about your right not to make a statement [7].
What the judge tells you at the first appearance in New York, New Jersey and Pennsylvania is on the arraignment page. Your answer to the police is the same in every court: ask for a lawyer.
For the details of the Miranda warnings, read Miranda rights. To see the usual next steps in your court, use What happens next, or open the page for New York, New Jersey, Florida, Pennsylvania or federal court.
Common questions
I did nothing wrong. Why not just explain?
Because an explanation given without a lawyer is easy to misremember, misquote or take out of context, and you cannot take it back. If an explanation helps you, a lawyer can make sure it is given the right way, at the right time.
Is it rude or suspicious to ask for a lawyer?
It is your right, and police officers hear it every day. Say it politely and calmly, then stop talking about the case.
What if the officer says it will go easier if I talk?
Do not rely on it. An officer is not the prosecutor or the judge. Ask for a lawyer and let the lawyer have that conversation.
Sources
- U.S. Const. amend. V. Current as of November 11, 2026. Official text
- Miranda v. Arizona, 384 U.S. 436 (1966). Current as of November 11, 2026. Official text
- Miranda v. Arizona, 384 U.S. 436 (1966). Current as of November 11, 2026. Official text
- Edwards v. Arizona, 451 U.S. 477 (1981). Current as of November 11, 2026. Official text
- Berghuis v. Thompkins, 560 U.S. 370 (2010). Current as of November 11, 2026. Official text
- Fla. R. Crim. P. 3.130(b)(1). Current as of November 11, 2026. Official text
- Fed. R. Crim. P. 5(d)(1). Current as of November 11, 2026. Official text
Arrested, or think you might be? Call before you answer any questions.
Call and tell us who was arrested or contacted and where the case is. A lawyer will tell you what happens next and what to do tonight. Please do not type what happened into a form or an email. We will talk about it on the phone.