Anyone, who has ever watched police shows on TV, knows that smart lawyers tell their clients to refuse to answer police officer’s questions. In real life, virtually all criminal defense attorneys give that same advice. Here are seven reasons why you should refuse to answer any questions from a police officer, if there is even a remote chance you might have committed a crime.

1. Any criminal lawyer will tell you that most people attempting to talk their way out of a police situation wind up confessing to a crime.

2. In my experience eighty percent of criminal defendants, viewing the police report in their case, look at quotes attributed to them and say to me: “I didn’t say that!” This may happen because the police officer misheard them, or wrote the report later and misremembered, or simply wrote down what he thought would most help the prosecution. I guarantee you that if all you say is: “I don’t want to talk without a lawyer”; then that is all the report will say. There will be no statements attributed to you, except that you wanted a lawyer.

3. Police officers really will pretend to be your friend to get you to implicate yourself. They will say things like: “I want to help you, but you’ve got to help me help you.” I assure you they do not want to help you.

They really will play nice guy-tough guy. One will yell and threaten you and another will pretend to try and protect you from the “bad cop.” It’s all in their training, and it really does work. Almost everybody talks, but not you, because from now on, all you will say is: “I want a lawyer.”

4. Saying “I want a lawyer” is one thing that will never hurt you. You have an absolute right to refuse to answer questions under the Fifth Amendment to the United States Constitution, and an absolute right to have a lawyer present when you are questioned, if you ask for one, under the Sixth Amendment to the United States Constitution.

5. There is no way remaining silent or asking for a lawyer can ever hurt you. You can always make a statement later, after you have time to consider the situation, learn the facts and get advice. A refusal to answer questions or a request for an attorney is not only under your rights, but that refusal and that request are absolutely inadmissible against you in court. (Please note one exception to this rule is that a refusal to take a chemical test in a drunk driving case can be admitted into evidence to show consciousness of guilt).

6. Asking for a lawyer should stop the harassment and stress of being questioned. The law requires police officers to cease questioning, once a suspect has asked for a lawyer. This rule is not always honored immediately, but if you are brave and steadfast in repeating your request for a lawyer, the questioning will stop much much sooner.

7. You, even if you are a lawyer, are probably a poor judge of what statements might help you and what statements might hurt you. All of us fail to see the entire picture in sudden movements of high stress. We say things we think will help, but will instead hurt us. Saying, “I only had three drinks” is an admission of drinking. Saying “I didn’t mean to hurt him” means you did hurt him. Saying “That’s Bobby’s gun, not mine. I saw him put it in my trunk” means I knew I was driving a vehicle with a gun in it. It is far better to talk later, when you know all the facts, and have had time to consider the situation.
So what have we learned? SHUT UP!

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