What to Do When You're Questioned by the Police or Other Law Enforcement

When officers threaten to make you testify if you don't answer their questions:

You might be scared if law enforcement officers try to make you answer questions by saying they'll make you go to court with a grand jury subpoena. 

A grand jury subpoena is an official order that requires you to come to court and share any information you know. Remember, just because an officer says they'll get a subpoena, it doesn't mean you must answer their questions immediately. 

Anything you say can be used against you. If an officer really does bring a subpoena, you must go to court as it says. But you still have the right not to speak about anything that could get you in trouble.

If asked to talk for a ?counter-terrorism interview”

You can say no if law enforcement officers want to interview you for counter-terrorism reasons. 

You have the right to not be interviewed, have a lawyer with you, decide when and where the interview happens, know the questions ahead of time, and choose which questions you want to answer. 

If they take you into custody, you don't have to say anything. Remember, lying to an officer is a crime, but staying silent until you talk to a lawyer isn't.

Who might try to question me?

Different types of law enforcement officers could want to ask you questions. This includes local or state police, members of the Joint Terrorism Task Force, or agents from federal agencies like the FBI, Department of Homeland Security (which includes Immigration and Customs Enforcement and Border Patrol), Drug Enforcement Administration, and others.

Do I have to answer their questions?

No, you don't. The law gives you the right to remain silent. You don't have to speak to law enforcement officers or anyone else, even if you can't leave, you're under arrest, or you're in jail. You can't be punished for not answering questions. 

It's smart to talk to a lawyer before you decide to answer any questions. Usually, only a judge can make you answer questions.

Are there times when I have to answer questions?

There are a couple of exceptions. In some places, if police stop you and ask who you are, you must tell them your name. But you don't have to answer any other questions. 

If you're driving and get pulled over, you have to show your driver's license, car registration, and proof of insurance if the officer asks, but you don't have to say anything else.

Can I talk to a lawyer first?

Yes, you can. You have the legal right to speak with a lawyer before answering any questions, whether the police tell you about this right or not. 

The lawyer's job is to protect your rights. Once you say you want to talk to a lawyer, officers should stop asking questions. If they keep asking, you still have the right not to talk. 

If you don't have a lawyer, you can tell the officer you want to speak to one before you answer anything. If you have a lawyer, keep their business card with you, show it to the officer, and ask to call them. 

Make sure to get the name, agency, and phone number of any officer who stops or visits you, and tell your lawyer.

What if I talk to law enforcement anyway?

Anything you say can be used against you and others. Remember, lying to the government is illegal, but staying silent until you have talked to a lawyer is not. 

Even if you've started answering questions, you can stop at any time until you've spoken to a lawyer.

This information aims to help you understand your rights when dealing with law enforcement questioning. Remember, it's always a good idea to consult with a legal expert for advice tailored to your specific situation.

Related Read: Can Police Question Kids Alone? More States are Saying "No"

-

Need more legal guides? Check out the articles here.