Your rights during a police interview, explained

Being asked to speak to the police is stressful, whether you are a suspect, a witness or not sure which. What you say in that first conversation can shape everything that follows, so it helps to know your rights before you are in the room.

This guide covers interviews by police and federal agents in New York.

You have the right to remain silent

You do not have to answer questions from the police, and in most situations your silence cannot be used against you at trial. You may give your name when asked. Beyond that, you can say politely that you will not answer questions without a lawyer. The right is the same at home, at work or at a station.

You have the right to a lawyer

If you ask for a lawyer, questioning should stop until one is present. Ask clearly: “I want to speak to a lawyer.” Vague remarks such as “maybe I should get a lawyer” may not be enough. Once you have asked, do not restart the conversation yourself.

Are you under arrest, or free to leave?

If you are not under arrest, you can ask whether you are free to go, and leave if the answer is yes. Agents sometimes arrive at a home early in the morning and describe the conversation as informal. It still counts. Anything you say can be used later, and lying to a federal agent is a separate offence.

Searches and your phone

Do not physically resist a search, even if you believe it is unlawful. Say clearly that you do not consent. Do not unlock your phone or share passwords without legal advice. A lawyer can challenge an unlawful search later, but that challenge is much harder if you agreed to it.

Why waiting for advice helps

People often speak because they want to explain, and they believe the truth will clear them. In practice, small inconsistencies in an honest account are later used to suggest guilt. With a lawyer present, you decide what, if anything, to say and in what form. Sometimes a written statement prepared with counsel is the better course.

What to do now

Keep our number in your phone: +1 (212) 555-0148, answered around the clock for criminal matters. If agents contact you, take their names and cards, say you will be in touch through your lawyer, and call us. We advise before any interview and attend with you if one goes ahead.

This article is general information, not legal advice.