Should I Talk To The Police If I Am Arrested for a Crime?

Attorney Marc J. Victor

The short answer is, no, you never have to talk to the police. You should always Just Shut Up! But, there are some exceptions to the just shut up rule: 1. If you are legally detained, you are required to provide your legal name, but you should never say anything else. 2. If you are involved in a traffic stop, and the officer asks if you have a firearm in the car, you have to answer that question truthfully. Other than this, you should always remain silent or said another way, keep your big mouth shut! There may be rare times when making a statement could be helpful, but you should never make a statement without first talking to a criminal defense attorney.

You can make a statement at any time, you should first discuss the matter with an experienced attorney before making statements that could be used against you. An example of this might be right after a shooting you were involved in. This would be a terrible time to make statements about what happened that will be used against you at your trial. You may say something that is written down wrong like, “I shot because I was in fear for my life.” If the evidence shows you shot the person in the back, you may have big problems now. You are stuck with whatever statement you make. Therefore it’s best to not make any statements until after consulting with an attorney. Your attorney will be better able to decide, if and when you should make a statement. The best advice is to just shut up!

“I refuse to consent to any search whatsoever. As such, I do not consent to a search of my premises, my person, my immediate location, or any vehicle or effects. I hereby exercise my rights as enumerated by the Fourth, Fifth, Sixth, Ninth and Fourteenth Amendments to the United States Constitution and Article Two of the Arizona Constitution. I demand to have my attorney present prior to and throughout any questioning at all. Additionally, I request to call my attorney right now for a private legal consultation.”

If you are being questioned by the police you should always invoke your right to remain silent. If you can’t resist the urge to talk, just say what’s on the back of my business card above. Then, ask to speak to your attorney as soon as possible. I am an Arizona State bar-certified specialist in criminal law who has been zealously representing clients in serious state and federal criminal law matters for well over twenty years.

I can be reached 24 hours a day/seven days a week. If it’s an emergency I am available to take your call anytime, day or night. I have represented clients in more than a thousand major felony cases including; first and second-degree murder, sex cases, gun cases, major drug cases, complex white-collar cases, federal appeals, and other complex state and federal matters. I can always be reached by calling the number below or by sending me an email with your questions or concerns.