What to Say (and Not Say) to Police After an Arrest in California

If you’re ever arrested in California, you must be extremely careful with your words and actions afterwards. Police are known to use various interrogation tactics designed to elicit evidence or confessions, regardless of whether you’re actually guilty. You should always invoke your right to remain silent and refrain from police interrogations until you have a criminal defense lawyer present.

At the Law Office of Amy Chapman, we regularly see instances where a client made their case much more difficult because of what they said to police after an arrest. If you’ve recently been charged with a crime in Sonoma County, we’re here to protect your rights and represent you through each stage of the criminal justice process, from the initial interrogation to the courtroom. Contact experienced Santa Rosa criminal defense lawyer Amy Chapman today at (707) 636-3207 to discuss your case in a free consultation.

Police Interrogation Tactics to Watch Out For

After an arrest, the police look to elicit information and admissions from the suspect. They use various tactics to achieve this goal, and a police interrogation is not always aggressive. Some of these tactics are more subtle, and many suspects do not realize that the police are attempting to manipulate them. Here are some of the most common police interrogation tactics to be aware of if you are ever arrested.

Claiming They Already Know What Happened

Police often claim that they already have evidence to prove what happened in an attempt to elicit a confession from a suspect. They often lie or misrepresent the facts to get a suspect to either confirm their version of events or correct it. Do not fall for this tactic, as either confirming or correcting their claims can result in you saying something that is later used against you in the criminal case.

Rapid-Fire or Repetitive Questioning

Police often engage in rapid-fire or repetitive questioning in an effort to emotionally manipulate a suspect. This type of questioning can cause a suspect to become frustrated or confused. Some suspects may change answers simply because they’re flustered or want to end the conversation. This is why it’s generally best to refuse to answer any questions without a lawyer present.

Suggesting That Talking Proves Innocence

One of the most common police interrogation tactics is suggesting that if you’re not willing to speak to police, you must have something to hide, and that you should simply answer their questions to prove your innocence. Do not take this logic at face value. In reality, the police are attempting to get you to say something that they can use to charge you with a crime, and that can be later used against you in court.

The Reid Technique

The Reid Technique is an interrogation technique that was developed by polygraph expert and former Chicago police officer John E. Reid in the 1950s. According to the Connecticut General Assembly’s OLR Research Report, the technique consists of the following nine steps:

1. Positive Confrontation – The police tell the suspect that they have evidence that has led them to the suspect, and offer them an opportunity to explain why they committed the offense.
2. Theme Development – Attempt to shift blame from the suspect to another person or circumstances that made the suspect commit the crime.
3. Handling Denials – If the suspect asks to speak, the investigator should discourage them. According to the Reid website, innocent suspects are less likely to ask for permission and more likely to outright deny the allegations.
4. Overcoming Objections – If the accused gives a reason for why they are not guilty, accept their objections instead of arguing, and use their logic to further develop the theme of the interrogation.
5. Procurement and Retention of Suspect’s Attention – Get the suspect to focus on the theme rather than the punishment.
6. Handling the Suspect’s Passive Mood – Continue to present the theme and focus on the justification for the offense while acting sympathetic.
7. Presenting an Alternative Question – Present two choices to justify the commission of the crime, with one of them offering a better justification. 
8. Have the Suspect Discuss Details of the Offense – If the suspect accepts one of the previous two choices (which is admitting guilt), the investigator asks for a brief oral review of the events and then asks more detailed questions.
9. Convert Oral Confession to Written Confession – The investigator converts the oral confession into a written or recorded one.

According to ScienceDirect, several academic studies have found that the Reid Technique results in a high rate of false confessions. Police investigators are only able to employ this method if the suspect does not have a criminal defense lawyer present, as any competent lawyer will quickly recognize their manipulative tactics and shut down this line of questioning immediately.

What to Say During Police Interactions

If you are ever accused of a crime and find yourself being interrogated by police, there is only one thing you should say to them: “I am invoking my right to remain silent, and I want to speak to an attorney.” You should say absolutely nothing to them without a lawyer present. While they may try to sway you by claiming you must be guilty if you don’t want to talk, speaking to the police without legal representation is far more likely to hurt you than help you.

The police may continue speaking to you and using interrogation tactics even after you’ve made this request. Do not elaborate; simply make the statement and do not say another word until your attorney has arrived. You may restate the request but do not say anything else.

Common Mistakes to Avoid After an Arrest

At the Law Office of Amy Chapman, we see several common mistakes from clients who spoke to the police without a lawyer present. 

Do Not Make Statements About the Alleged Offense

If you have been falsely accused of a crime, it’s natural to want to explain yourself. Suspects often give justifications for why they could not have committed the crime in an attempt to prove their innocence. However, investigators may use these statements to obtain details that they later use to build a criminal case against you.

Avoid Guessing

Suspects may not remember all of the details related to police questions, such as times, locations, distances, or what another suspect did during the commission of the alleged crime. Some suspects may guess about these details, only to be accused of lying to investigators if these details are incorrect. Such inaccuracies can be used to argue that your story is inconsistent, and that this must be evidence of your guilt.

Don’t Lie to Investigators

Giving false information to police investigators is a crime in California, which can result in additional charges. Lying to investigators can also damage your credibility and be used to argue that you’re guilty if your case goes to trial. 

Do You Have to Answer Police Questions in California?

According to the Fifth Amendment of the U.S. Constitution, you are under no obligation to answer police questions in California or any other state. This applies both to more serious criminal investigations and relatively minor police interactions, such as traffic stops. For example, you do not have to answer if a police officer asks, “Do you know why I pulled you over?” during a traffic stop. However, a police officer may still arrest you if they have probable cause to believe that you have committed a crime.

If you are detained by police, you should ask them, “Am I free to go?” If they say yes, then simply leave the scene. If they say no, ask them why they are stopping you. Legally, they must answer this question before they ask you any further questions.

Why You Should Ask for a Lawyer After an Arrest

Immediately asking for a lawyer before speaking with police is generally the safest choice if you’re accused of a crime. An experienced criminal defense lawyer can advise you on how to answer questions through all police interactions, protect your constitutional rights, and help you avoid unintentionally saying something that damages your case. 

All suspects have a right to an attorney, even if they cannot afford to hire one on their own. A court-ordered public defender may be assigned to you if you lack the funds to hire a private attorney. However, these attorneys are typically overworked with extreme caseloads that make it difficult to focus on any one particular case. If you have the means, it is generally best to hire your own lawyer who can dedicate more time to your case.

What to Do After You Have Invoked Your Rights

It’s also important to consider your conduct and actions after invoking your right to remain silent until an attorney is present. You should remain calm and respectful in your interactions with investigators while politely refusing to answer any of their questions. Follow all of your attorney’s advice during the initial interrogation and in further communications with investigators. The sooner a lawyer is involved, the sooner they can begin working on your case and constructing a legal defense.

Speak to a Santa Rosa Criminal Defense Lawyer Today

If you are facing criminal charges in Sonoma County, you should hire an experienced criminal defense lawyer as soon as possible. The criminal justice system is complex and designed to obtain convictions, even though countless Californians are charged with crimes they didn’t commit. Dedicated Santa Rosa criminal defense lawyer Amy Chapman understands the tactics police investigators use when interrogating suspects and how to respond to these tactics. Call the Law Office of Amy Chapman today at (707) 636-3207 to learn more about how we can help you fight the charges in a free consultation.