Police interrogations can be intimidating, confusing, and — if you’re not careful — incredibly damaging to your defense. Whether you’re under arrest or simply being questioned as part of an investigation, it’s essential to know your rights.
At The Bonderud Law Firm, we defend individuals facing criminal charges across Florida, and we’ve seen how statements made during interrogation can make or break a case. Here’s what you need to know before you say a word.
The Fifth Amendment: Your Right to Remain Silent
The U.S. Constitution protects you from being forced to incriminate yourself. This means:
You have the right to remain silent.
You are not required to answer police questions — even if you’re innocent, even if you’re just a witness, and even if the officers say “we just want to talk.”
Invoking your right:
To properly invoke your right to remain silent, you must clearly state:
“I am invoking my right to remain silent and I want an attorney.”
Remaining silent without saying this may not be enough to stop questioning.
The Sixth Amendment: Your Right to Counsel
You also have the right to consult with an attorney before and during police questioning. Once you request a lawyer, all questioning must stop until your attorney is present.
Never waive this right. Anything you say without an attorney present — even if it seems harmless — can be used against you in court.
The Miranda Warning: What It Means (and Doesn’t)
Police are required to give a Miranda warning before questioning you if you are in custody. That includes:
- Informing you of your right to remain silent
- Telling you anything you say can be used against you
- Informing you of your right to an attorney
Important: If you’re not in custody, they may question you without reading Miranda rights — and what you say can still be used.
Tactics to Watch For
Police are legally allowed to use deceptive tactics in interrogations, such as:
- Claiming they have evidence that doesn’t exist
- Lying about what others have said
- Offering to “help” if you just tell your side
These are designed to get you talking — don’t fall for it.
The Best Response Is Silence + a Lawyer
The safest and smartest move in any police encounter is to stay calm, remain silent, and ask for an attorney. Don’t explain, justify, or try to “clear things up.” That’s what your lawyer is for.
At The Bonderud Law Firm, we protect our clients from the start of an investigation through the end of the case. If you’ve been questioned or arrested in Florida, contact us today to schedule a consultation.