It’s advice we’ve given time and again: If you are approached by law enforcement, remain silent and ask for an attorney. But time after time, people talk—and it almost always works against them.
So why don’t people stay silent, even when they know they should?
In a recent video discussion between attorney Christina Williams and legal storytelling specialist David Mann, we explored this issue in detail. Here’s what you need to know.
Talking Doesn’t Help, It Hurts
Many people believe they can talk their way out of trouble. Unfortunately, that’s not how it works. When officers approach you with questions about a crime, the decision to charge you has likely already been made. At that point, police aren’t investigating—they’re looking to build a stronger case, and your own words may be used as the final nail in the coffin.
No matter how convincing or innocent your story may sound, anything you say can be cherry-picked and used against you, not for you.
Four Reasons People Talk Anyway
Even though silence is your best defense, people still talk. Why?
- They’re afraid staying silent looks guilty.
- Many believe that asking for a lawyer will make them seem like they’ve done something wrong. But invoking your rights is not an admission of guilt—it's a smart legal move.
- They think they can explain their way out.
- People often believe if they just share “their side of the story,” things will get cleared up. Unfortunately, law enforcement may twist your words or ignore context in their reports.
- They’re nervous and unprepared.
- Being detained or questioned is intimidating. Fear and panic lead people to talk too much—or say things they regret.
- They feel pressured by authority.
- Police may say things like “now’s your only chance to tell your side,” pushing people to speak before they’ve had legal guidance. This is misleading and manipulative.
What You Should Say Instead
If law enforcement approaches you, the best thing to say is:
“I do not wish to discuss my day. If you have questions, I need my attorney present.”
Even if you don’t have a lawyer yet, that’s okay. You don’t need to name a lawyer to ask for one. You just need to be clear and firm. Then, contact a criminal defense team like Just Criminal Law right away.
Your Side of the Story Will Be Heard, Later
The time to tell your story is not at the moment of arrest or questioning. It’s later—with your lawyer present, after all the evidence has been reviewed, and when you can respond strategically and with protection.
Anything helpful you say without a lawyer present likely won’t make it into the report. But anything incriminating will.
You Only Get One Shot at Justice, Make Yours Count
If you’re facing criminal accusations or police questioning, don’t panic, and don’t speak alone. At Just Criminal Law, we’re here to protect your rights and help you navigate what comes next.