Your rights
Do I have to talk to the police? Your right to remain silent
Key takeaways
- You generally do not have to answer police questions about what happened. Staying quiet alone is not enough: say clearly that you are using the right.
- Before questioning you in custody, police must warn you of your rights: the Miranda warnings.
- You can ask for a lawyer. If you are charged and cannot afford one, one can be appointed for you.
Simply staying quiet is not enough. To use your right to remain silent, you generally have to say out loud that you are using it. The Fifth Amendment protects you from being forced to be a witness against yourself.
In Miranda v. Arizona (1966), the Supreme Court held that a person held in custody must be warned before police question them: you have the right to remain silent; anything you say can be used against you in court; you have the right to have a lawyer present; and if you cannot afford one, one will be appointed before questioning if you want.
Your rights during police questioning
- The right to remain silent. You do not have to answer questions about what happened.U.S. Const. amend. V
- A warning before questioning in custody. Police must give the Miranda warnings before they question someone who is in custody.384 U.S. 436 (1966)
- A lawyer with you. You can ask to have a lawyer present before and during questioning.Miranda warnings
- Questioning stops when you say so. Once a warned suspect says, at any time, that they want to remain silent, the interrogation must end.Miranda v. Arizona
What to say, step by step
- Stay calm and keep your hands visible. Do not run or physically resist, even if you think the stop is wrong.
- Ask: “Am I free to leave?” The answer tells you whether you are being held.
- Say it out loud: “I want to remain silent.” Staying quiet without saying so may not be enough.
- Ask for a lawyer: “I want a lawyer.” Then stop talking about the case.
- Write it down afterwards. Names, badge numbers, times and what was said, while you still remember.
Common things police say, and what you can say back
“Just help us clear this up.”
You can say: “I'm going to remain silent. I want a lawyer.”
“If you have nothing to hide, why not talk?”
You can say: “I'm using my right to remain silent.”
“We already have evidence against you.”
You can say: “I won't answer questions without a lawyer.”
“Can you come down to the station? It's voluntary.”
You can ask: “Am I under arrest, or am I free to go?”
Saying the words under pressure is harder than reading them. Practise them once with the AI detective above, and print the wallet card to keep with you.
Do I have to give my name?
It depends on where you live. Some states require you to give your name when police lawfully stop you; others do not. Check your state's rules, or ask a lawyer in your state.
Can I handle this on my own, or do I need a lawyer?
If you are a suspect, or police want a formal statement, talking to a lawyer first is generally the safer choice. If you are charged with a crime and cannot afford a lawyer, ask the court about a public defender.
Common questions
Do police have to read me my rights?
Only before they question you while you are in custody. If you are not in custody, police can ask questions without giving the Miranda warnings.
Can what I say to police be used against me?
Yes. That is part of the warning itself: anything you say can be used against you in court.
What happens after I say I want to remain silent?
Under Miranda, once a warned suspect says at any time that they want to remain silent, the interrogation must stop.
Can I change my mind and talk later?
You can choose to speak later, but it is generally safer to do so only after talking to a lawyer.
Official sources
- U.S. Courts: Facts and case summary, Miranda v. Arizona uscourts.gov
- Constitution Annotated: Miranda requirements congress.gov
- Constitution Annotated: Fifth Amendment congress.gov
Related
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.