The police are trained to work quickly and to get people to talk. They’ll take any and every opportunity to gather information from witnesses, suspects and bystanders.
If you are being questioned by the police in connection with an alleged crime, you have the right to have an attorney present during your questioning. Your attorney can guide you on whether to speak or remain silent, clarify any misunderstandings, and ensure that your rights are protected throughout the process.
If you choose to wait for legal counsel before answering questions, you can politely decline to speak until your attorney arrives.
But what happens if you speak to the police before your attorney arrives, or without an attorney at all?
You might be wondering what you said and how it could come back to haunt you.
In California, any statement you make can influence your legal situation. Even if you never intended to incriminate yourself, the police can use what you say against you.
Fortunately, even if you said something that you now regret, you still have options.
Why speaking without counsel is risky
Once you agree to talk, you give up the protective shield an attorney provides.
Police officers are trained to get people talking. They might act aggressively, ask leading questions, or act friendly to lower your guard.
Even if you believe you are innocent, your words can be twisted. Prosecutors may point to your statements as proof of guilt. Or they might suggest you lied if your story later changes.
What if you gave incriminating statements?
If you confessed or said something that appears incriminating, all is not lost.
In California, your lawyer can challenge how police obtained that statement. Perhaps you were not properly advised of your Miranda rights, or the interrogation was overly coercive.
Sometimes statements can be suppressed or deemed inadmissible at trial if law enforcement violated your constitutional rights.
Even when a statement remains admissible, an experienced defense attorney can present context or evidence that reduces its damaging effect. For example, a moment of confusion or misunderstanding during a stressful interview might explain an inconsistent remark.
What if you only shared part of the story?
Sometimes, defendants feel relieved they “only said a little.” However, half-truths or incomplete accounts can still be used in court.
Police might argue that you concealed key details because you knew the truth would point to guilt.
An experienced lawyer can help you provide any missing facts in a controlled environment, such as a carefully prepared statement or a testimony that aligns with the full picture. This prevents the prosecution from filling in the blanks with unfair assumptions.
Your options for recasting the narrative
You told the police something you now regret, and it’s time to recast the narrative.
Your first step is to speak with an attorney. Your attorney will review the facts of the case with you, and they will guide you on whether to remain silent going forward and how to handle any pending interviews or meetings.
This can include:
Invoking your right to silence going forward
Even if you’ve spoken already, you do not have to continue. You can politely and firmly say, “I do not wish to discuss this without my lawyer.” Police may still attempt to push, but they must respect your right to stop questioning.
Filing a motion to suppress
Your lawyer can challenge the admissibility of the statements you made. If law enforcement failed to read your Miranda rights, or if they ignored your request to speak with an attorney, your statements may be suppressed.
Clarifying and contextualizing
If you said something inaccurate under stress or misunderstanding, your defense team might explore ways to correct the record. They can gather evidence, witness statements, or expert opinions that offer a clearer view of what really happened.
Prepare for a Different Story at Trial
You might have given police one version of events, but after reflecting and consulting an attorney, you remember or realize new details. A skilled lawyer can help you present a coherent, fact-based account if you choose to testify.
They can also explain to a jury why your initial statement might have been incomplete or mistaken.
Don’t go it alone — Contact Robert M. Helfend
If you spoke with police without legal counsel, don’t panic. You still have rights and defense strategies.
However, you must act quickly to protect yourself, and it’s not wise to go it alone.
Call Ventura criminal defense attorney Robert M. Helfend to get experienced, no-nonsense guidance for your specific situation. An early legal intervention can prevent a worst-case scenario and help you move forward with confidence.
Published February 13, 2025