Skip links

5 Things You Should Never Say to Police During an Arrest

When you are being arrested, every word you say is being listened to, remembered, and often recorded. What may feel like a harmless explanation or an emotional reaction in the moment can later be used to build a case against you in court. A respected Fresno criminal lawyer who has handled thousands of serious cases knows that what you do not say is often just as important as what you say.

Staying calm, invoking your rights, and avoiding a few key statements can make a real difference in your future. This is especially true if you are facing serious allegations such as violent crimes, drug offenses, or gang‑related charges in Fresno County.

Why Your Words Carry So Much Power

Police officers are trained to gather information, and they know that people under stress are likely to talk too much. Even if officers seem friendly or sympathetic, their role is not to protect your legal interests; that is the job of your defense attorney.

Once you make a statement, it can show up in police reports, recordings, and testimony, and it may be taken out of context. Your lawyer cannot “unsay” something for you, but your lawyer can help control the flow of information if you stay quiet and ask for legal counsel early.

Statement #1: “I’m Guilty” or “This Is All My Fault”

People sometimes blurt out admissions because they feel scared, embarrassed, or pressured to be honest. Confessing at the scene rarely helps you and usually creates a much harder starting point for your lawyer.

There may be defenses, legal issues, or misunderstandings in your case that you do not yet know about. A Fresno criminal lawyer can evaluate the evidence, challenge the way it was obtained, and negotiate with prosecutors, but that is much harder when an early confession is already locked in.

Statement #2: “I Don’t Need a Lawyer”

Saying you do not need a lawyer can be treated as a voluntary waiver of important rights. Officers may continue questioning you, and you might feel obligated to keep cooperating, even when that cooperation is working against you.

You never need to feel guilty or ashamed about asking for an attorney. In fact, exercising that right is one of the most responsible choices you can make when facing criminal accusations in Fresno. A seasoned Fresno criminal defense attorney can guide you from the very beginning, whether you are under investigation, being arrested, or already charged.

Statement #3: “Let Me Explain Everything”

Many people believe that if they just tell their side of the story, officers will understand and let them go. Unfortunately, trying to talk your way out of handcuffs often leads to more questions, more pressure, and more statements that can be twisted or misunderstood later.

Explaining what happened, why you were at a certain place, or who you were with gives law enforcement more details to investigate and more angles for the prosecution. Let your defense lawyer decide when, how, and if it is helpful to share your version of events.

Statement #4: “Sure, You Can Search”

You have constitutional protections against unreasonable searches of your car, home, and phone. If you freely consent to a search, it becomes much more difficult for your attorney to challenge that search later in court.

Saying “yes” to a search does not help you look cooperative in a way that will erase your charges. Instead, it may expose you to additional charges based on what is found—even if you did not realize those items were there. A Fresno criminal lawyer can carefully review whether a search was legal and fight to suppress evidence if your rights were violated.

Statement #5: Threats, Insults, or Sarcastic Remarks

Being arrested is frightening and humiliating, and it is natural to feel angry or frustrated. However, threatening officers, insulting them, or making sarcastic comments can quickly lead to additional charges and make you look hostile or dangerous in the eyes of a judge or jury.

Body‑worn cameras, car cameras, and audio recordings often capture how someone behaved during an arrest. Staying respectful and calm—even when you feel wronged—gives your defense attorney more to work with when presenting you to the court.

What You Should Say Instead

You do not have to come up with clever answers or a perfect speech under pressure. A simple, clear script can protect you:

  • “Am I free to leave?”

  • “I choose to remain silent.”

  • “I want to speak to my attorney before answering questions.”

These statements are calm, straightforward, and respectful. They assert your rights and make it clear that you want a lawyer such as Fresno criminal lawyer Mark A. Broughton involved before you say anything that could affect your case.

How Mark Broughton Protects Your Rights

Mark A. Broughton is certified by the State Bar of California as a Specialist in Criminal Law and serves on the State Bar’s Board of Trustees. He has more than 40 years of experience representing people accused of serious crimes in Fresno, including violent felonies, drug offenses, and gang‑related cases.

Mark’s practice is built on compassion, ethics, and honesty. He takes the time to review your situation one‑on‑one, explain your options, and fight for the best possible outcome—whether that means negotiating for reduced charges, challenging unconstitutional police conduct, or taking your case to trial.

Frequently Asked Questions About What to Say During an Arrest

Can I stay completely silent during an arrest?
You have the right to remain silent, but it is important to clearly say that you are choosing to remain silent and that you want a lawyer so officers know they must stop questioning you.

What if I already said too much to police?
If you have already talked to officers, do not make the situation worse by continuing to speak. Contact a defense attorney as soon as possible so they can review what was said, evaluate how it may affect your case, and explore ways to limit its impact.

Do I have to answer questions about my identity?
You may be required to provide basic identifying information, such as your name, but you do not have to answer questions about where you were, what you were doing, or what you know about an incident. A Fresno criminal lawyer can clarify the difference and guide you through any questioning.

When should I contact Mark Broughton?
You should reach out to Mark’s office immediately if you are under investigation, have been contacted by law enforcement, or have been arrested in Fresno or the surrounding areas. The sooner a skilled Fresno criminal defense attorney is involved, the more options you may have.

Ready to Talk to a Fresno Criminal Lawyer?

If you or a loved one has been arrested or questioned by police in Fresno, you do not need to navigate this alone. A mistake in what you say now can follow you for years, but the right legal guidance can help protect your rights and your future. Schedule a confidential, one‑on‑one consultation with Fresno criminal lawyer Mark A. Broughton to review your situation, understand your options, and start building a strong defense.

Disclaimer: The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.