What Should You Do If Police Want to Question You About a Crime?
By Sullivan Rice
Being contacted by police about a criminal investigation can be stressful, especially if you are unsure why officers want to speak with you or what they already know.
Whether you are a suspect, witness, or simply someone police believe may have information about a crime, it is important to understand your rights before answering questions.
For someone who may be under investigation, one of the most important steps is simple: you do not have to try to explain your situation to police on your own.
You Have the Right to Remain Silent
The Fifth Amendment protects a person's right against being compelled to incriminate themselves. The Minnesota Constitution provides a similar protection.
If police want to question you about a crime, you can choose not to answer questions that could incriminate you.
You do not need to prove your innocence during a police interview. In a criminal case, the prosecution has the burden of proving the charges.
Trying to explain what happened without first speaking with an attorney can sometimes create additional problems. Statements can be taken out of context, misunderstood, or used as evidence later in a criminal case.
Ask for an Attorney
If you believe you may be a suspect in a criminal investigation, you can clearly tell police that you want an attorney before answering questions.
In Minnesota, the right to counsel during custodial interrogation is an important constitutional protection. When a suspect clearly invokes the right to counsel, questioning must generally stop until counsel is available, subject to the applicable legal rules.
A simple and direct request is generally better than trying to explain why you want a lawyer.
For example, you can say:
"I am choosing to remain silent, and I want to speak with an attorney."
Once you have made that request, do not assume that you need to continue answering questions while waiting for an attorney.
Do Not Assume You Have to Talk Just Because Police Ask
Police may approach someone voluntarily and ask questions as part of an investigation. Not every conversation with police is a custodial interrogation, and whether Miranda protections apply depends on the circumstances.
That means there is an important distinction between being contacted by police and being in custody and interrogated.
If an officer says, "We just want to ask you a few questions," you should not assume that means the conversation is harmless or that you have no reason to speak with an attorney.
If you are unsure about your legal status or whether you are free to leave, you can ask.
Don't Try to Talk Your Way Out of an Investigation
One of the most common mistakes people can make when they realize they are being investigated is trying to convince police that they are innocent.
It is understandable. If you know you did not commit a crime, your instinct may be to explain everything.
But a police investigation is not the same thing as a casual conversation.
Investigators may already have information about the case. They may be comparing your statements with statements from other people, physical evidence, surveillance footage, digital records, or other information gathered during the investigation.
An attorney can help you understand what is happening before you decide how to respond.
What If Police Say They Just Want You to "Clear Things Up"?
You may hear phrases such as:
"We just want to hear your side."
"You're not under arrest."
"You aren't in trouble."
"This will only take a few minutes."
"We just need to clear something up."
The specific circumstances matter, and these statements do not by themselves determine whether you are legally required to answer questions.
If you are concerned that you may be connected to a criminal investigation, you can politely decline to answer questions and ask to speak with an attorney.
That does not mean you are admitting guilt. It means you are choosing to exercise your constitutional rights.
Don't Lie to Police
Choosing not to answer questions is different from providing false information.
If you do not want to answer questions, you can respectfully say that you are choosing to remain silent and want to speak with an attorney.
There is generally no benefit to inventing an explanation or guessing at answers simply because you feel pressured to respond.
What If You Are Arrested?
If you are arrested, Minnesota law provides that a person taken into custody has the right to know the true ground for the arrest.
Minnesota law also provides for public defender representation for people who qualify financially and are charged with a felony, gross misdemeanor, or misdemeanor.
If you are arrested or believe you are being investigated for a crime, contacting a criminal defense attorney can help you understand what happens next and what your rights are.
Talk to a Criminal Defense Attorney Before Giving an Interview
Every investigation is different. Whether you have already been questioned, received a request for an interview, or simply believe police may be investigating you, getting legal advice early can help you understand your situation.
An attorney can review the circumstances of the investigation, explain your rights, and advise you about how to proceed.
The most important thing to remember is that you do not have to figure out a criminal investigation by yourself.
Jack Rice Defense
Jack Rice Defense represents individuals facing criminal investigations and criminal charges throughout Minnesota. Jack Rice is a Minnesota criminal defense attorney and former prosecutor with experience on both sides of the criminal justice system.
If police want to question you about a crime, contact Jack Rice Defense to discuss your situation before agreeing to an interview or making statements about the investigation.
