The Two Most Important Sentences You'll Ever Say
Say these, then stop talking entirely:
Right to Remain Silent
The Fifth Amendment protects you from self-incrimination. You are never required to answer questions about an alleged crime — before arrest, during arrest, or after arrest. This right applies at every stage of the legal process.
Exactly What to Say
"I am invoking my right to remain silent. I want an attorney. I will not answer any questions without my attorney present."
Say these words clearly and calmly, then stop talking. Do not explain, justify, or apologize. Police are trained to get you talking — any response, even a seemingly innocent one, can be used against you.
Miranda rights are only required to be read before a custodial interrogation. You do not have to wait to be Mirandized to invoke your right to silence — you can invoke it at any time.
What NOT to Do During Police Contact
Don't resist arrest, even if it's unlawful
Resisting is a separate criminal charge. Challenge the legality of the arrest in court, not in the street.
Don't lie to police
Lying to federal officers is a federal crime. Lying to state officers can be used to prove consciousness of guilt. Stay silent instead.
Don't consent to a search
You can politely refuse a search. Say: 'I do not consent to a search.' If they search anyway, your attorney can challenge it in court.
Don't answer questions without your attorney
Anything you say can and will be used against you. Even innocent explanations can be twisted. Wait for your attorney.
Don't forget to invoke your rights clearly
You must explicitly say the words. Staying silent without invoking your rights may not protect you in all circumstances.
Don't make threats or insults
This can escalate the situation, add charges (threatening a police officer), and destroy any credibility you need in court.
Video: What to Do If Arrested
Our 5-minute guide walks you through every step from police contact to arraignment.
Watch in Video LibraryWas Your Arrest Lawful?
If your rights were violated during your arrest or the investigation, evidence can be suppressed and charges can be dismissed. Let our attorneys review what happened.