All Laws Decoded

Should You Talk to Police Without a Lawyer?

People generally have a constitutional right not to incriminate themselves, and police must give Miranda warnings before questioning someone in custody. Statements made to police can be used in a criminal case, and knowingly lying to federal agents is a separate federal crime. Public defender agencies advise people who are questioned to clearly say they want a lawyer and otherwise stay silent; this page reports what the law and those agencies say and is not legal advice.

What the law says

FAQ

Do I have to answer police questions?
Kentucky's public defender agency says you do not have to answer questions when stopped, and that your name is the only information you must give. Rules on identifying yourself can vary by state.
When do police have to read me my Miranda rights?
The Supreme Court has described Miranda as requiring warnings before custodial interrogation, meaning questioning of a suspect who is in custody.
If police don't read me my rights, is my case dismissed?
Not automatically. The Supreme Court has said Miranda bars the prosecution from using statements obtained in violation of its rules in its main case, but such statements may still be used in some ways, such as to impeach a defendant's testimony, and a Miranda violation alone does not support a civil damages suit.
Is it a crime to lie to the police?
Lying to federal agents can be: 18 U.S.C. 1001 makes knowingly and willfully making a materially false statement in a federal matter punishable by up to 5 years in prison. State laws on false statements to police vary.
How do I ask for a lawyer during questioning?
The San Francisco Public Defender advises stating clearly that you want an attorney present before and during any questioning, and repeating the request if questioning continues.
What if I can't afford a lawyer?
Kentucky's public defender agency says to ask for a lawyer immediately and, if you can't afford one, ask police for the local public defender's phone number. In San Francisco, the judge may ask at your first court appearance whether you financially qualify for a public defender.
Can police search me if I say no?
Kentucky's public defender agency says police may pat down the outside of your clothing if they reasonably suspect you are armed or dangerous, and can search without permission in limited situations such as with a warrant or probable cause; it advises saying clearly that you don't consent and not physically resisting.

Related

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.