FAQ Series - Do I Have To Talk To Police?
- Hampton Law Firm ⚖️
- May 25
- 3 min read
Short Answer: HELL NO. In Louisiana, do not talk to police about a criminal accusation without a lawyer.
No. If police want to question you about a criminal accusation, investigation, warrant, complaint, or suspected offense, do not talk without a lawyer. Be polite. Do not run. Do not resist. Do not lie. But do not try to explain your way out of a criminal investigation. The safest answer is clear and simple: “I am invoking my right to remain silent. I want a lawyer. I do not answer questions without my attorney present.”
This is not just a general caution. Louisiana’s Constitution provides that when a person has been arrested or detained in connection with the investigation or commission of an offense, that person must be advised of the reason for the arrest or detention, the right to remain silent, the right against self-incrimination, the right to assistance of counsel, and, if indigent, the right to court-appointed counsel. Louisiana’s Constitution also provides that no person shall be compelled to give evidence against himself. Louisiana Code of Criminal Procedure article 511 further states that the accused has the right to defend himself and to have the assistance of counsel.
Miranda warnings exist because police questioning can be powerful, stressful, and legally dangerous. Under federal Miranda doctrine, before custodial interrogation, a suspect must be warned of the right to remain silent, that statements may be used as evidence, the right to counsel, and the right to appointed counsel if the person cannot afford one. Once a person invokes the right to remain silent or requests counsel, questioning must stop under Miranda principles. But the practical advice is even simpler: do not wait until the conversation becomes obviously dangerous before you ask for a lawyer.
People often talk because they are innocent. They believe that if they just tell the truth, the officer will understand. That is risky. A person can be truthful and still make a statement that hurts the case. A person can forget a detail, guess at a date, misremember a time, or say something that conflicts with a witness, video, phone record, or police report. Even a small inconsistency can be used later to argue that the person was lying.
People also talk because they think silence makes them look guilty. It does not. Exercising a constitutional right is not an admission. It is a protection. Police officers investigate crimes for a living. They know what they are asking and why they are asking it. A person being questioned usually does not know what evidence police already have, what evidence they lack, what the alleged victim said, what witnesses reported, or what legal theory the State may later use.
Do not be reassured by casual language. “We just want your side,” “This is your chance to clear things up,” “If you did nothing wrong, why do you need a lawyer,” or “We can tell the prosecutor you cooperated” are all reasons people end up making statements they regret. A friendly tone does not make the conversation harmless. A hallway conversation, phone call, roadside conversation, or “voluntary” station interview can still become evidence.
There are also things you should not do while invoking your rights. Do not explain why you want a lawyer. Do not answer “just one quick question.” Do not discuss the facts after you invoke. Do not argue about the law. Do not sign a written statement without counsel. Do not consent to a search you do not understand. Do not call witnesses, alleged victims, or co-defendants to “fix” the situation. Do not post about the accusation online.
Situation | What to Say |
Police ask what happened | “I am invoking my right to remain silent. I want a lawyer.” |
Police say they only need your side | “I do not answer questions without my attorney present.” |
Police ask to search your phone | “I do not consent to any search. I want a lawyer.” |
Police ask you to come in voluntarily | “I will not make a statement without speaking to an attorney first.” |
Police keep talking after you invoke | Stop discussing the facts and repeat that you want counsel. |
Hampton Law Firm Note: Do not talk to police about a criminal accusation without a lawyer. Be respectful, identify yourself if legally required, do not resist, and then clearly invoke your right to remain silent and your right to counsel.
Judith L. Hampton
Attorney At Law
Hampton Law Firm
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