As Michigan criminal lawyers, my team and I represent people for a wide range of offenses. Even though we don’t handle things like rape or murder charges, our client’s criminal cases are plenty serious to them.

Sometimes, we are contacted by a person before he or she is charged with an offense. Often, this happens when the police reach out and want to speak with them about some situation.

Do You Have to Talk to Police If They Question You

Don’t talk to the police until you have spoken to a defense lawyer. There isn’t a single competent lawyer in the country who would ever say, “Go ahead and talk to the police.” If there is one universal bit of legal advice that applies to every person with whom the police want to question, it’s this: Shut up.

The Fifth Amendment

Know your rights. The right to remain silent and not incriminate one’s self is guaranteed by the U.S. Constitution’s Fifth Amendment.

Law enforcement officers, for their part, try to work around that and get someone to talk. In large part, those efforts are legal. For as different as one case might be from another, and no matter what the situation, we keep coming back to the same proven advice: Shut up and stop incriminating yourself.

What Happens if You Don’t Talk to the Police?

If you do talk to the police, you could implicate yourself in a crime – even one you did not commit. An experienced criminal defense attorney from Jeffrey Randa & Associates can advise you on how and when to answer questions from the police.

If you don’t talk to the police, it is harder to implicate you in a crime. Until you discuss your case with your attorney, politely decline to answer any questions, especially after the police read you your rights. They may use what you say against you to make an arrest or against you in evidence.

Is It Ever in Your Best Interest to Speak to Police Without a Lawyer Present?

As a general rule, it’s never helpful to talk to the police without a lawyer.

The police are trained in how to ask questions. They know the techniques to suck someone in so that, even if they start out unwilling to talk, they eventually wind up providing answers.

This isn’t a morally bad thing. Is there anyone unhappy that such interrogation tactics wind up catching serial killers and rapists, and other really bad people?

My team and I don’t have those moral concerns, however, because our criminal clients don’t commit those kinds of offenses. We concentrate on things like indecent exposure, embezzlement, drug crimes, driving offenses, and DUIs. We often define our work as helping good people out of bad situations.

Part of law enforcement’s job is to get people to waive their right to remain silent and start talking.

As Michigan criminal lawyers, our job is to protect those rights and get people to shut up.

What Should I Do If a Police Officer Wants to Ask Me About a Crime?

If a police officer approaches you while you are walking or stops you for a traffic stop, take the following steps:

1. Be polite.
2. Do exactly as the police officer requests. The worst thing you can do is appear argumentative or do anything that may be seen as resisting arrest.
3. You must identify yourself to the police by showing your identification. The police may also ask for your insurance and registration if you are driving.
4. If the police have questions, they are investigating a case.
5. You have the right to remain silent, even during a general conversation.
6. If the police read you your Miranda Rights, make sure you understand them – particularly the part about remaining silent. It is at this time that you should ask for an attorney.
7. Call your attorney as soon as the police officer allows it – they may arrest you and take you back to the station before allowing you to make a call, but they must allow you to make the call.

An Example of What Happens When You Talk to the Police Without a Lawyer

Consider this hypothetical that really puts things in perspective:

Michigan Detective Davis works for a local Detroit-area police department. He has a brother, Walter (Worried Walt), who lives in California with his family. Walt has an 18-year-old son named Michael (Mischievous Mike).

One day, Detective Davis gets a call from his brother, Walt, who is upset that the police have called the house about Mike. According to Walt, the California police investigator (Pressure Pete) left a message on the answering machine indicating that they want to talk to Mike about an indecent exposure incident.

Detective Davis knows the law. He knows that, as Americans, we have a constitutional right against self-incrimination. He probably won’t even ask what Mischievous Mike may or may not have been up to that day. Instead, he’ll likely tell Worried Walt to get a lawyer and, in the meantime, tell Michael to shut up. Completely.

Let’s dig a little deeper here. Imagine that, as soon as Walt hangs up, the phone rings again. Thinking it’s his brother from Michigan calling back with some other thoughts, Walt answers without looking at the caller ID.

Instead, it’s the police from California. Pressure Pete identifies himself as the investigating police officer and asks with whom he’s speaking. Worried Walt provides his name, answers that he is Michael’s father, and then Pressure Pete swings right into questioning:

Pressure Pete: Does Michael drive a red 2019 or so Chevrolet Malibu?

Worried Walt: Yes, he does.

Pressure Pete: Okay, and do you know if he was near Shady Lane and Main Street yesterday?

Worried Walt: Well, he works at Acme company near there….

Pressure Pete: Do you know if he worked yesterday?

Worried Walt: I think so. Listen, can I ask how Micheal is supposedly involved in this?

Pressure Pete: Well, right now, we’re just investigating a claim, so there’s nothing more I can say…

That short conversation was already damaging because Pressure Pete knows that Mischievous Mike drives a car like the one that was identified by the victim and was likely in the area where the indecent exposure took place.

Even innocent answers can implicate you in a case, whether you are guilty or not.

Imagine, instead, that Worried Walt had checked his caller ID, seen that it was the police, and either let the call go to voicemail, or, if he answered it, responded like this:

Worried Walt: Officer, I’m going to ask that you refer all questions to our lawyer. We’ll be retaining counsel in the next several days, and I will have him or her contact you. In the meantime, I’m not going to answer any questions, and neither will Michael, although I understand you may have to hear that from him.

Now, what has Pressure Pete confirmed? Nothing!

He may have a “hunch” that Michael has something to hide, but remember, Michael has an absolute right not to say anything. By exercising that right, Pressure Pete can’t really “put” Michael at the scene. All he knows is that a red Chevrolet Malibu, similar to Michael’s, was allegedly the car involved. That’s not enough to bring charges.

For as long as I can remember, every famous criminal defense lawyer who has ever appeared on TV, and every prosecutor, as well, when asked, has said – without exception – that they’d tell their client not to talk to the police, not to answer any questions, and just to shut up.

What to Do if You Already Spoke to Police

Here’s the real problem: many people call us for help AFTER they decide to talk to the police. Many have already admitted everything. As the old saying goes, “You can’t un-spill the milk.”

Once someone has answered questions or admitted his or her role in something, all we can do is look to see if he or she was not properly advised of his or her rights before questioning.

Absent that, then we have to work around the situation.

And we do.

Of course, it’s better to keep one’s mouth shut and NOT be charged with some offense. However, if someone previously decided to talk to the police and then wound up charged with a crime, we have to exploit that for all it’s worth. My team and I will use his or her cooperation to the client’s advantage throughout the whole case. This often happens in embezzlement cases.

To be sure, in many of the kinds of cases my team and I handle, the police do appreciate that a person has been cooperative. This is NOT to say anyone should ever talk, but rather, if you’re reading this and it’s too late, then we’ll handle it.

As another old saying goes, “When life hands you lemons, make lemonade.”

In the context of a criminal case, we not only have to capitalize on our client’s cooperation but also offset any damage done by it. In something like an indecent exposure case, for example, that means we need to be proactive. Instead of just relying on our client’s cooperation for “brownie points,” we need to walk into court loaded for war.

We’ll send our client to one of our specialist clinicians for a proper evaluation. We’ll use that to show that he is NOT at risk of becoming some kind of predatory sex offender.

In something like an embezzlement case, we’d begin discussing some kind of repayment plan.

Ultimately, though, those things are damage control. The simple fact is that, in the real world, that’s how most criminal cases start out, but if possible, it’s better to avoid the whole thing altogether. The best way to even have a shot at that is, of course, to shut up.

How to Find the Right Michigan Criminal Defense Lawyer

If you are facing a criminal charge of any kind and looking for a defense lawyer, be a wise consumer and read around. Pay attention to how different lawyers explain the legal process and how they explain their various approaches to it.

This blog is a great place to start. It is fully searchable and we regularly add new and original articles, and are always updating many of the older pieces, like this one.

When you’ve done enough reading, start checking around. You can learn a lot by speaking with a live person, and that’s exactly what you’ll get when you call our office.

If your case is pending anywhere in the Greater Detroit area, meaning anywhere in Wayne, Oakland, Macomb, or the surrounding counties, make sure you give our office a ring, as you explore your options.

Why Work With Jeffrey Randa and Associates?

When dealing with the police, you always want an experienced attorney present. You have the Fifth Amendment right to remain silent – it is part of the Miranda warning the police should have read when they arrested you. An experienced criminal defense attorney’s knowledge of criminal law and how the police operate can help prevent you from making mistakes that could jeopardize your case.

Client Testimonials

“I had a lot of issues with my driver’s license and outstanding warrants… I have to say Jeffrey Randa’s office made it all smooth going. They really have their act together, making the process a lot easier to handle, and I also found their pricing to be very reasonable considering how bad my case was.” — J.J.

“Just two words describe them: “The Best.” They handled my case with ease. Gave me advice and the tools to get me the best case possible.” — Derek P.

Talk to a Defense Lawyer, Not the Police

A defendant should never talk to the police as he or she could wind up one the wrong end of a criminal investigation or a criminal charge. This is especially true where law enforcement overreaches and violates the defendant’s civil liberties. Make that necessary phone call to an experienced criminal defense attorney at Jeffrey Randa & Associates.

All of our consultations are free, confidential, and done over the phone right when you call. My team and I are very friendly people who will be glad to answer your questions and help you get out of trouble. We’ll also be happy to compare notes with anything some other lawyer has told you.

Contact our office today for a free phone consultation by calling 586-300-3614 or by completing our online contact form.

We can always be reached directly, Monday through Friday, from 8:30 a.m. until 5:00 p.m. (EST), at either 586-300-3614 or 248-949-1356.