When I handle criminal investigations, many clients wonder why I would advise them not to give a statement to law enforcement.
"But Eric, I am innocent of these charges. I have absolutely nothing to hide! I want my chance to tell my side of the story."
When clients are involved in a criminal investigation, their initial reaction may be to cooperate. And why not? It makes total sense: "If I did nothing wrong, why wouldn't I tell the detective exactly what happened? By staying quiet, don't I just look guilty?"
Unfortunately, the legal system does not work that way. One of the most important principles in criminal defense is simple: even if you are 100% innocent, you should never give a statement to law enforcement without an attorney present.
And even then—more often than not—your attorney will advise you NOT to provide a statement to police.
Remember: exercising your right to silence is 100% legal. In fact, it is beyond legal—it is Constitutionally guaranteed. You are under NO OBLIGATION to ever sit down and provide a statement to police regarding a criminal investigation.
Here is why:
1. You Cannot Talk Your Way Out of an Arrest
Police officers conduct interrogations to gather evidence, not to exonerate suspects. Once an investigation focuses on you, officers are actively looking for details that support their theory. Nothing you say can be used in court to help your defense (as self-serving statements offered by the defense are generally excluded as hearsay), but every single word can and will be used against you.
2. Human Memory Is Imperfect
Under high stress, anyone can misremember a time, a location, or the order of events. If you tell an investigator you were at home at 8:00 PM, but security footage later shows you walked into a grocery store at 7:45 PM, prosecutors will not view that as an honest mistake. They will frame it as a deliberate lie, using it as direct evidence of a "consciousness of guilt."
3. Innocent Details Can Become Circumstantial Evidence
Even completely truthful answers can inadvertently lock you into a charge:
Establishing Opportunity: Admitting you were in the general vicinity of a crime scene places you there, saving investigators the burden of proving location.
Establishing Motive: Mentioning a past argument or disagreement with a victim gives prosecutors a ready-made narrative.
4. Interrogations Are Legally Asymmetrical
Law enforcement officers are legally permitted to lie to suspects during interrogations. They can claim to have DNA evidence, eyewitnesses, or co-defendants who implicated you—even if none of that exists. Navigating these tactics without experienced counsel exposes even the most cautious individual to psychological pressure and potential false admissions.
What to Do If Law Enforcement Contacts You
If an investigator contacts you or asks you to come to the station for "a quick chat," politely decline to answer questions and contact a qualified criminal defense attorney immediately.
Make no utterances or spontaneous admissions during that initial encounter.
Don't say:
"Oh yeah, I know why you're here..."
"That girl is lying by the way, I did nothing wrong... but still, I'd like to speak to a lawyer first."
See what just happened there? You made an incriminating statement.
Those offhand remarks just established knowledge, presence, or relationship, which can form the foundation of probable cause.
It doesn't seem like it to you, but coupled with other independent evidence, it may be enough to arrest you later on.
Instead, say nothing other than:
"May I please have your full name, the agency you work for, and a direct number where my attorney can contact you?"
Then you call me.