Being investigated for a crime is intimidating. Many people believe that the best way to clear their name is to cooperate with the police in every step of the investigation and answer any questions detectives may ask. Sometimes people worry they will look guilty if they invoke their right to silence, insist on contacting a defense attorney before answering questions, or ask the police to get a search warrant before searching their property. But you always have the right to remain silent and to request an attorney. Most importantly, you are not legally required to cooperate with the police, and doing so will rarely help you. Here’s why.
Can You be Arrested for Not Cooperating with Police?
No. While it is a crime to lie to the police, refusing to answer their questions is not. While the Supreme Court has ruled that staying silent without invoking your Fifth Amendment rights can sometimes be used as evidence of your guilt, if you invoke your right to silence or request an attorney, your refusal to answer police officers’ questions cannot be used against you.
Will Refusing to Cooperate Make me Look Guilty?
Perhaps, and this is something that police will often say to convince you to answer their questions or aid their investigation. But what they intentionally don’t tell you is that most people they speak with while investigating a crime are already considered suspects, and even if you are not currently considered a suspect, what you say could cause you to become a suspect.
In general, it’s best to never talk to the police without your attorney present. Speaking with law enforcement officials is dangerous as it can lead you to give up your rights during the investigation process, and what you say or do could indicate guilt and be used against you later on.
Can I be Charged with Obstruction if I Refuse to Help Police Officers?
No. While many people believe this common myth thanks to the TV trope where police make this claim to get people to answer their questions, obstruction of justice charges are only filed in cases where someone makes it more difficult for police to solve a crime. Lying to the police can result in obstruction of justice charges because it can cause them to follow false leads, but refusing to answer questions is entirely legal.
Considering Working With Law Enforcement?
While you should never talk to, let alone cooperate with, the cops without your attorney present, it’s not always a terrible idea. In deciding whether or not you should help investigators, here are some things you should keep in mind:
- Police can lie to you. It’s illegal to lie to the police, but the law doesn’t stop the police from lying to you. The police can say they won’t arrest you or that cooperating with them will help you, but that does not mean you will not be arrested later. Ultimately, they want to close their case and have no reason to believe that your cooperation will help you —nor do they have a reason to care.
- Officers have relatively little power. An officer may promise not to arrest you and actually mean it. While that might matter in a minor crime like trespassing or reckless driving, most crimes involve their entire department and District Attorney, who has no reason to honor the promises of one officer. The department or DA can always put out a warrant for your arrest after your initial meeting with the officer who promised not to arrest you.
- Police don’t decide whether to charge someone. Some people mistakenly think that by helping the police, they can avoid charges. But the DA is the one who decides whether or not to press charges, which is why any discussion regarding immunity or the dropping of charges should always involve your criminal defense lawyer and the DA.
- You don’t have to be a suspect to give police information that hurts your case. People often believe they only need to watch what they say after officers have identified them as suspects, but investigators often build their suspect list by talking to people in informal interviews. Always have a lawyer present when speaking to the police, even when they approach you as a witness, or you may risk saying something that could make you a suspect.
- Cooperating often involves admitting guilt. This doesn’t apply in some murder or kidnapping cases where you are actually innocent and are just trying to help the police find the person responsible (though you should still have a criminal attorney present to protect your rights in these cases because those closest to the victim are typically considered the most likely to have committed the crime). But if you’re helping them identify a drug kingpin, you’ll likely end up admitting you sell drugs yourself. Once you admit guilt, you cannot take it back.
- Immunity is a complex and risky process. The first step of an immunity deal usually involves a proffer, in which you describe the information you could provide to investigators if the immunity deal is completed. Until the immunity deal is completed, you can still be charged with these crimes, and though what you say cannot be used against you in court, investigators can use your testimony to uncover evidence against you.
- Aiding an investigation can be risky. If you have to perform undercover work to help police secure a conviction, you’ll risk discovery by those being investigated. But even if you just provide testimony, you could face retribution from those you incriminated.
- Cooperation contracts have many restrictions. If you offer to help with the investigation, your lawyer and the District Attorney will negotiate a written cooperation agreement outlining your rights and obligations. Committing new crimes will always void the deal, leaving you in serious legal trouble for the new and old offenses.
- You can provide evidence without cooperating. Sometimes you may wish to help aid an investigation to help clear your name or make sure the guilty party is brought to justice. If you have evidence that could exonerate you or help police officers find the person responsible, your defense attorney can provide this to the police without exposing you to an interrogation.
What to Do if You Decide Not to Cooperate
You have the right not to cooperate but always do so properly. Invoke your Fifth Amendment rights if you refuse to speak to the police. While you can choose not to answer questions, do not lie to the police because this is considered an obstruction of justice, as it can make it more difficult for investigators to solve a crime.
If the police have asked you to cooperate with their investigation, call attorney Peter M. Liss to discuss your options. You can schedule a free initial consultation anytime by calling (760) 643-4050.