Is It Really So Bad to Speak to Police Without a Lawyer Present?

 Posted on January 08, 2025 in Criminal Defense

Some people have had numerous brushes with law enforcement, but for many, their only experience with what happens during police questioning comes from what they have seen on TV and in movies. While most are familiar with the Miranda rights from these depictions and have heard a police officer tell someone being arrested that they have the right to remain silent, inexperienced arrestees do not always feel comfortable giving the police the silent treatment until a lawyer shows up.

However, if you are ever questioned by Illinois police, you should make sure you never speak to them without having a lawyer present. You might want to appear as cooperative as possible and you might genuinely believe you have no reason to worry, but if you speak with the police without an attorney there, it can end up seriously hurting you down the line. If you have reason to believe that you might be brought in for questioning, make sure to have a skilled Naperville, IL criminal defense attorney present before you answer anything.

Why is Speaking to the Police Without a Lawyer Dangerous?

There are many reasons why you should not answer police questions until your attorney arrives. 

Some examples are:

You Have the Right to Remain Silent

All versions of the Miranda Warning include a sentence about how you have the right to remain silent when arrested or questioned by police. As awkward or difficult as it may feel not to answer questions, the Fifth Amendment of the U.S. Constitution protects this right not to answer questions you do not want to answer, and you cannot be punished by the police for exercising this right.

However, having a lawyer with you can help you stay true to yourself, even when the police try to pressure you into offering information. An attorney can explain and reiterate your rights and advise you about when it is okay to answer a question and when it is best to keep silent.

Your Words Can Be Used Against You

Another feature of all versions of the Miranda Warning is the acknowledgment that anything you say can or will be used against you in a court of law. You might think you are helping prove your innocence or clarifying something unimportant, but what you say can be taken out of context to seem incriminating. 

The Miranda Warning is true whether your words are misunderstood by accident or purposely twisted to make it seem like you meant something else. The questioning officers know how to ask the right questions to get you to say something that could hurt your case, and a lawyer can screen the questions and explain when there is a risk.

Your Best Interests Are Not the Police’s Top Priority

When a crime is committed, the police officers’ main goal is to get a conviction and close the case. Even officers who seem nice or say they want to help you are there to investigate what happened and gather evidence and testimony.

On the other hand, your defense attorney’s main goal is to defend your rights and protect your interests. With legal knowledge and an understanding of police tactics, a lawyer can make sure you avoid traps in police questioning.

Schedule a Free Consultation with an Illinois Criminal Defense Lawyer

The moment police approach you, you have the right to remain silent and the right to an attorney. These rights are not to be taken lightly, and if they are waived, it could significantly undermine your case.

It is a major risk to speak to the police without legal representation. Luckily, a knowledgeable Naperville, IL criminal defense attorney can protect your rights and help guide you through the process. At Law Office of Philip R. Nathe, we are dedicated to protecting our clients, and we will make sure your rights are upheld. Call us at 630-416-7600 to schedule a free consultation.