One of the great fears every criminal defense attorney has is that a client will speak with the police without them present. Cops frequently use different tactics, such as being dismissive of why they're talking with someone, to get people to discuss criminal matters without a defense attorney there. Some folks just want to be helpful, but caution is always advised.

Don't the Cops Have to "Mirandize" You?

That's not necessarily the case. While the police are required to read someone their Miranda rights if they plan to use the information they gather in a prosecution, they can just casually talk to people without informing them of their rights. This is a common method that's used in investigations, especially early on when it's hard for the police to determine who might be a witness or a suspect.

Remember, the police have the legal right to gab with anyone they like. You don't have a legal obligation to tell them anything.

What Happens If You Refuse to Speak With the Police?

The cops have two options. First, they can simply call it at that and leave. Second, they can arrest you if they feel they have enough to charge you with an offense. Realistically, if the police have enough information to support an arrest, they don't stand there getting chatty with you about.

What Happens If You've Been Arrested?

If the police insist upon continuing to question you after an arrest has occurred, continue to assert your right to remain silent and to have a criminal defense lawyer present. They have to allow you the opportunity to get counsel before you speak with them. An attorney can then advise you about which questions to answer and what ones to avoid.

Notably, the cops do have the right to keep gabbing with arrested people. This applies even if the arrested party has asserted their right to remain silent. It's common for cops to keep being chatty in the hope a suspect will slip up and talk. If you do start talking, though, be aware that you have the right to stop speaking about the matter at any time.

What If the Police Say You're a Suspect?

That may or may not be true. Cops have been given wide leeway to fib during investigations just to see if a person's story adds up or not. Similarly, a true suspect can still be charged with a crime if the police catch the scent of wrongdoing.