Do I Need to Talk to The Police If I am Being Investigated?

November 5, 2022

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One question we frequently hear at Bamieh & De Smeth is, “Do I need to talk to the police, or should I talk to the police if I am being investigated for a crime?” As experienced California criminal defense attorneys, this is the easiest question to answer for us.

No, you should not talk to the police. Not under any circumstances should you be talking to the police if you're being investigated for a crime. The question you may have after that is, “Why shouldn't I talk to the police if I did nothing wrong?” You are probably thinking that the police should hear your side of the story and that you might offend or upset them if you do not talk to them. These are all reasonable questions and thoughts that most law-abiding citizens will have.

Why You Should NOT Talk to The Police If You Are Being Investigated

You have no idea what the facts of the case are and what you are actually being accused of. It is imperative to note that the police are not going to tell you. They never tell the person they are investigating exactly what is going on. It is not because they are being mean or unfair. They are simply being the police. Also, you don't know the law, while the police should.

You can accidentally make an admission about something that you think is no big deal, and it could be a violation of the law. The police will know this, but you won't. Most importantly, you have probably heard this many times in all kinds of TV shows. Everything you say can and will be used against you in a court of law. Why would you want to say something that can be used against you? You don’t. 

You should not have to feel trapped or coerced into giving any kind of statement to the police. Unfortunately, it is common for most people to feel anxious, scared, or nervous when confronted by the police, which impairs their ability to collect their thoughts, provide accurate information, and say things without being misunderstood.

If you're thinking, I’m telling the truth, and I'm going to exonerate myself by making sure my story is out there, tell that to your lawyer. Let them speak for you and make the case for you. Meanwhile, tell the police politely that you’re asserting your right to remain silent and that you want to talk to your lawyer first before saying anything to the police.

Consult With a Top California Criminal Defense Attorney Now

To reiterate – you should never talk to the police if you're being investigated for a crime. We hope that we are very clear on this topic because it's an essential point in your defense. If you are being investigated by the police or have been arrested or charged with a crime, contact Bamieh & De Smeth right away. Set up your free case review with our California criminal defense attorney by dialing 805-643-5555 or reaching us online.