If I am detained or arrested by a police officer, should I agree to speak with the officer?
Whether it is before or after you are arrested, we advise that you never agree to speak with a police officer before consulting with and hiring an experienced attorney. In general, people do not always realize that they are not required to provide a statement (or confession) to law enforcement. You always have the right to remain silent, because anything you say can and will be used against you in court. You also have the right to a lawyer. It is critical that you clearly state to a police officer immediately when you are detained, that you will not agree to provide a statement, and that you want a lawyer. You should inform the officer of this as early on in the process as possible. Police officers, and then prosecutors, will use anything you say against you in court, which can adversely affect your case.