Many people are nervous to talk to the police, especially if they are immigrants who may be worried about their status or being deported. At the same time, the police are clearly in a position of authority. People feel like they have to answer any questions that are posed to them or try to talk their way out of a potential arrest.
For this reason, it is important to know that you have a right to remain silent. You do not have to answer questions just because a police officer is interrogating you.
In fact, the officer should inform you of this fact when reading your Miranda rights during an arrest. You do not have to say anything that would incriminate you, and you are granted this right under the Fifth Amendment of the U.S. Constitution.
So what should you tell the officer?
You should still be polite and calm when talking to the police. Do not be argumentative or combative. Do not escalate the situation.
Instead, just verbally inform them that you would like to use your right to remain silent and that you do not want to answer questions. You can also ask for your lawyer.
In some cases, it is best to combine both requests by simply saying that you are not going to answer any questions until your lawyer is present. You have a right to legal counsel, along with your right to remain silent.
Addressing criminal charges
If you have been arrested or are facing serious charges, especially if your immigration status could be in question, it can help to work with an experienced attorney to explore your defense options.