Should I Talk to Police? The Answer is Always No

“I didn’t do anything wrong, so I’ll just explain what happened.”

These might be the most expensive words people ever say.

Every criminal defense attorney at Rose Legal Services has heard this story countless times. An innocent person talks to police, thinking they’re helping clear things up.

Months later, they’re sitting in our office facing criminal charges.

After helping thousands of people who have been charged, arrested, or investigated for crimes in Missouri, we can tell you this with absolute certainty: talking to police without an attorney present rarely helps and often hurts a case.

Even if they’re completely innocent.

Constitutional Rights Exist for a Reason

The Fifth Amendment to the United States Constitution guarantees the right to remain silent.

This isn’t just some legal technicality. It’s a fundamental protection that exists because the founding fathers understood the danger of self-incrimination.

What Miranda Really Means

When police read  the Miranda warning, they are stating:

• You have the right to remain silent
• Anything said can and will be used against you
• You have the right to an attorney
• If you cannot afford one, one will be appointed

Pay attention to those words: “will be used against you.”

Not “might be.” Not “could be.” Will be.

Missouri Law Reinforces These Rights

Under Missouri law (RSMo § 600.048), a person has the right to counsel during any custodial interrogation.

This means once an individual is detained or arrested, an attorney may be requested before answering any questions.

The moment this right is invoked, police must stop questioning until the attorney is present.

Why Innocent People Get Convicted

Anyone might think, “But I’m innocent. Surely talking will help clear this up.”

This is exactly what gets innocent people into trouble.

The Reid Technique and Modern Interrogation

Police are trained in sophisticated interrogation techniques designed to elicit confessions.

The Reid Technique, used by many departments, includes:

• Building rapport to lower their guard
• Presenting evidence (real or fabricated) of guilt
• Minimizing the seriousness of the offense
• Offering “explanations” that sound better but still admit guilt
• Wearing them down over hours of questioning

These techniques work on innocent people too.

Studies show that approximately 25% of wrongful convictions overturned by DNA evidence involved false confessions.

Memory Isn’t Perfect

When a person is stressed, scared, or confused, memory often becomes unreliable.

That person might:

• Mix up times or dates
• Forget important details
• Misremember sequences of events
• Contradict themselves unintentionally

Every inconsistency becomes “evidence” of lying.

Prosecutors will use these inconsistencies to argue they’re guilty, even when they’re simply human errors under pressure.

Common Police Tactics to Recognize

Understanding police tactics helps individuals recognize when it is necessary to invoke their rights.

“We Just Want to Clear This Up”

This phrase sounds helpful and non-threatening.

It is designed to make a person feel like they are not really a suspect, just a witness helping with an investigation.

Reality: If police are asking questions about a crime, the individual is likely already a suspect.

“This Is Your Chance to Tell Your Side”

Police may suggest this is the only opportunity to explain what happened.

They may imply that if a person does not talk immediately, everyone will assume guilt.

Reality: The defense can be presented later — through an attorney — in a controlled and strategic way.

“We Already Know What Happened”

Officers might claim they have evidence, witnesses, or video showing involvement.

This comes as a shock to many people, but in the United States, police are allowed to lie about evidence during interrogations.

Reality: If they really had conclusive evidence, they wouldn’t need a statement.

The Good Cop/Bad Cop Routine

One officer acts aggressive and accusatory. Another seems sympathetic and understanding.

The “good cop” may offer to help if the individual cooperates.

Reality: Both officers have the same goal — obtaining an incriminating statement.

What “Talking to Police” Really Means

Many people do not realize how many ways police can get someone to talk.

During Traffic Stops

“Do you know why I pulled you over?”

This seems like a simple question, but it is actually asking for an admission of a violation.

The correct response: “No, officer.”

At the Door

Police may show up at a residence asking “just a few questions” about an incident.

A person is not required to:

• Open the door
• Step outside
• Let them in without a warrant
• Answer any questions

Politely say: “I prefer not to answer questions without my attorney present.”

The “Casual Conversation”

Sometimes officers engage in friendly chat before Miranda warnings.

They might discuss:

• The weather
• Sports
• Employment
• Mutual acquaintances

Everything said during this “casual” conversation can still be used as evidence.

Written Statements

Police may ask for a written account of “what happened.”

This creates a permanent record that can be analyzed, questioned, and used in court.

Written statements should never be provided without an attorney’s guidance.

Real Scenarios Where Silence Protects

Let’s look at common situations where talking to police backfires.

Scenario 1: Wrong Place, Wrong Time

Someone is near a crime scene. Police want to know what was seen.

• What the person thinks they are saying: “I wasn’t involved.”
• What police might hear: Placement at the scene, creating opportunity.

Scenario 2: Domestic Dispute

A partner calls 911 during an argument, and police want both sides.

• What the person thinks they are saying:: “We were just arguing.”
• What police might hear: Admission of a disturbance, possible assault.

Scenario 3: Old Friend in Trouble

Police ask about someone known years ago.

• What the person thinks they are saying:: “I haven’t seen them in years.”
• What police might hear: Admission of association, possible conspiracy.

How to Properly Invoke Your Rights

Knowing your rights isn’t enough. You must invoke them correctly.

Be Clear and Direct

“I am invoking my right to remain silent.”

“I want to speak with an attorney before answering questions.”

Don’t say:

• “I think I should have a lawyer”
• “Maybe I shouldn’t talk”
• “I don’t know if I should say anything”

Ambiguous statements don’t invoke your rights.

Then Actually Remain Silent

After invoking your rights, stop talking.

Don’t:

• Try to explain why you want a lawyer
• Answer “just one more question”
• Engage in casual conversation

Police might continue talking. That’s okay. You don’t have to respond.

Document Everything

As soon as possible, write down:

• When you invoked your rights
• What you said exactly
• Whether police continued questioning
• Any pressure tactics used

This information helps your attorney protect your rights later.

What Happens After You Request an Attorney

Once you clearly invoke your right to counsel, several things should happen.

Interrogation Must Stop

Police cannot continue questioning you about the crime.

They can still:

• Process you (fingerprints, photos)
• Ask routine booking questions (name, address)
• Place you in holding

But criminal interrogation must cease.

Your Attorney Takes Over

Your lawyer becomes your voice in all police interactions.

They can:

• Determine what information might help
• Negotiate with prosecutors
• Ensure your rights are protected
• Prevent self-incrimination

Strategic Communication

Sometimes, sharing certain information helps your case.

Your attorney knows:

• What to share
• When to share it
• How to present it effectively

This strategic approach protects you while advancing your defense.

Common Misconceptions That Get People in Trouble

Let’s address dangerous myths about talking to police.

“I Can Talk My Way Out of This”

No matter how persuasive you are, you cannot talk yourself out of being a suspect.

You can only talk yourself into being a defendant.

“Cooperation Will Get Me Leniency”

Prosecutors, not police, make charging decisions and plea offers.

Your cooperation without an attorney rarely influences these decisions favorably.

“They Can’t Arrest Me Without Evidence”

Police need only probable cause to arrest you.

Your statements often provide that probable cause, even when you’re innocent.

“I’ll Just Tell Them Part of the Story”

Partial truths are often worse than silence.

They raise more questions, create suspicious gaps, and still provide incriminating information.

Protecting Yourself Before Police Contact

Don’t wait until police are at your door to understand your rights.

Educate Your Family

Make sure everyone in your household knows:

• Not to answer police questions
• How to properly invoke rights
• To contact an attorney immediately

Children especially need to understand they can ask for parents and lawyers.

Have a Plan

Keep Rose Legal Services’ number in your phone.

Know who to call if police contact you.

Having a plan reduces panic and poor decisions.

Understand Investigation Signs

Police might investigate before contacting you directly.

Warning signs include:

• Police contacting friends or family
• Unusual social media friend requests
• Investigators at your workplace
• Subpoenas for records

If you notice these signs, contact an attorney immediately.

When You Need a Criminal Defense Attorney Immediately

Certain situations require immediate legal help:

• Police want to question you
• You receive a target letter
• Search warrants are executed
• You’re arrested
• Grand jury subpoenas arrive

Don’t wait to “see what happens.” By then, damage may be done.

How Rose Legal Services Protects You

At Rose Legal Services, we have represented thousands of people who have been charged, arrested, or investigated for a crime.

We’ve seen how talking to police can devastate innocent people’s lives.

We Act as Your Shield

When police want to talk, we step in as your representative.

Our attorneys:

• Communicate with law enforcement for you
• Protect you from incriminating yourself
• Ensure your rights are respected
• Build your defense from day one

Available When You Need Us

Criminal investigations don’t follow business hours.

We provide:

• Emergency consultation availability
• Clear guidance during crisis moments
• Immediate intervention with law enforcement
• Strategic planning for your defense

Experience With Local Law Enforcement

We know the local police departments, their tactics, and their investigators.

This familiarity helps us:

• Anticipate their strategies
• Protect you more effectively
• Achieve better outcomes

Take Control of Your Situation

If police want to talk to you, you’re at a crossroads.

The path you choose now affects everything that follows.

Talking without an attorney almost never helps and often creates problems that didn’t exist before.

Your words become evidence. Your nervousness becomes suspicious behavior. Your imperfect memory becomes “lying to police.”

Contact Rose Legal Services First

Before you say anything to police, talk to us.

We offer confidential consultations where we’ll:

• Assess your situation
• Explain your rights
• Develop a protective strategy
• Handle police communications

We’re passionate about helping good people get through difficult situations.

Don’t let a conversation with police change your life forever.

Your defense starts with a conversation. With us. Not with them.