Should You Ever Talk to the Police After an Arrest?

No. Regardless of whether you’ve been arrested, detained, imprisoned, or feel that you can’t just walk away from the police, you don’t need to talk to the police or answer any of their questions. That is, except if you’ve been stopped for a possible traffic violation. If you have been stopped for a possible traffic violation, you need only identify yourself and provide registration and insurance documents. The Fifth Amendment states that no individual can be compelled to become a witness against themselves, meaning that this amendment protects an individual from self-incrimination and gives everyone the legal right to refuse to talk to police officers even while under arrest.

Keep in mind that the police are highly trained to extract admissions, confessions, and inconsistencies. They will not hesitate to use any inconsistencies from your statements as proof of your guilt, even if you are not guilty of the accusations against you. Likewise, they might misunderstand your answers or deliberately take your answers out of context to fit their narrative.

What to Know About Your Legal Rights During Police Questioning

As previously mentioned, all U.S. citizens have the legal right to remain silent or not answer the police when they’re being questioned, even if they are under arrest or in police custody. In fact, it is always best to have a lawyer present during police questioning after an arrest to ensure that the alleged suspect’s rights will be preserved.

If, on the other hand, an individual decides to talk to the police, the police can use any of the individual’s answers and statements against them. However, keep in mind that you can stop talking to the police at any time during the interrogation. Likewise, you should also know that you have the legal right during the interrogation when you decide to talk to the police.

 Even if you’ve already spoken to the police and have answered some of their questions, you have the right to stop speaking until your lawyer arrives. If you decide to exercise or invoke your Fifth Amendment right, you should do so in a direct and clear manner. Simply tell the officer that you would like to call your lawyer and you don’t wish to speak to the police until you can speak to your lawyer.

Once you've stated that you wish to speak to your lawyer, the police must stop questioning you and persuading you to talk. If they continue asking questions, simply remain silent and wait for your lawyer to arrive. 

Speak to an Experienced Criminal Defense Lawyer

For more information on your legal rights and your specific case, call the Cohen Law Offices. You can reach us by phone at 715-514-5051 or contact us online to set up a free review of your case with one of our skilled criminal defense lawyers. Keep in mind that the police can and will most certainly use anything you tell them against you, so stay silent and only speak to the police when your lawyer is present. Likewise, remember that lying to the police is a crime. However, not talking to the police until you’ve consulted with your lawyer is perfectly legal and is, in fact, your right.