The Fifth Amendment to the United States Constitution prevents any person from being forced to be a witness against themselves in a criminal case. We’ve all heard it before, “You have the right to remain silent.” It’s a fact. However, you will need to provide your name. You do not have to answer questions as to where you came from, where you’re going, what you’re doing, where you live, or even whether you’re a U.S. citizen.
We encourage you to remain as calm as possible. State that you are going to exercise your right to silence. After which, you should politely ask for an attorney before answering further questions.
This can be a challenge for some people, as they think staying quiet and not answering questions can make them seem guilty, even if they have done nothing wrong. Police can be intimidating, especially in encounters such as these, where they can cause all sorts of anxiety; most people will talk to get out of this uncomfortable situation.
Here are some reasons why you should not talk to the police without an attorney’s presence:
- You won’t make matters better: You will not talk your way out of an arrest an officer wants to make. All you might do is give them more ammunition against you.
- You might make a mistake: Interrogations can be quite stressful. The more stressed you are, the higher the likelihood of you saying something that can be quickly twisted against you.
- A lie could result in a conviction: Lying to a police officer can result in a misdemeanor and put you in a worse position. Maybe even guaranteeing a felony charge.
- The police officer may forget: Can you be so sure that your side of the interrogation is being correctly recorded? If there’s no proper documentation, how certain would you be that the police officer will recall any detail you may have said?
- You may be getting tricked: Coercion still is a significant problem in police interrogations. It’s hard to keep your composure when reacting to the interrogation. Even to this day, people confess to crimes that they did not commit. This should put in perspective how harsh and dismissive to compelling evidence cops are. Studies show how most false witnesses are due to the intense pressure they undergo in police interrogations.
- There’s no need to rush: You should never feel in a rush when discussing things with the police. Again, we compel you to remain silent. If at any point you should feel the rush to talk to an attorney, who can advise if it’s a good idea to offer a statement.