A Criminal Defense Attorney’s Perspective on Why Silence Protects You
As a criminal defense attorney, one of the most common—and dangerous—misconceptions I encounter is the belief that innocence is its own defense during a police investigation. Clients frequently ask, “Attorney Friedman, I didn’t do anything wrong. Shouldn’t I just explain the situation to them?”
While the instinct to cooperate and demonstrate you have nothing to hide is entirely natural, the legal reality is starkly different. Speaking to law enforcement when you are innocent is often exactly how criminal cases are built against you.
Not because you are guilty, but because you are human.
The True Purpose of a Police Interview
When law enforcement officers contact you, they are not seeking a casual conversation, nor are they calling to objectively “hear your side” of the story. They are executing an investigation. Their objective is to gather evidence, lock in timelines, and secure actionable statements. Once your words are officially recorded or noted in a police report, they become permanent fixtures of the investigation.
Why Innocent People Are Highly Vulnerable
Experienced defendants generally invoke their right to counsel immediately. Innocent individuals, conversely, tend to over-explain. While you believe you are exonerating yourself, you are often inadvertently conceding key evidentiary elements to the police. Furthermore, human memory is fallible under stress. Innocent people often guess at times or misremember minor details. In an adversarial context, these natural memory lapses are routinely reframed by prosecutors as deceptive contradictions.
How Innocent Statements Become Incriminating: Real-World Examples
To understand how easily this happens, consider these three common scenarios where individuals believed they were clearing their names, but were actually handing prosecutors the exact evidence needed to make an arrest:
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Scenario 1: Placing Yourself at the Scene. A detective calls asking about an incident at a local business. Wanting to be helpful, you say, “I was in the parking lot around 9:00 PM, but I didn’t see anything happen.” You believe you just established that you were merely a bystander. The police, however, have just secured a recorded admission that you were at the crime scene during the exact timeframe it occurred, corroborating a critical element of their case.
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Scenario 2: The Accidental Admission of Assault. Officers respond to a noise complaint regarding an argument with a spouse or roommate. You quickly explain, “We were just arguing, and I only pushed them away because they were in my face.” You intend to show that you were simply diffusing the situation or defending yourself. Legally, you have just explicitly confessed to the physical act of assault or breach of peace, effectively forcing the officers to make an arrest.
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Scenario 3: The “Helpful” Workplace Explanation. Your employer suspects employee theft and brings in law enforcement to investigate missing funds. You tell the officer, “I did open that register a few times without my login, but only to help make change for a long line of customers.” You think you are explaining away suspicious security footage. The police, however, hear a direct confession to unauthorized access to the cash drawer.
The Fifth Amendment: Silence is Not Guilt
Many individuals fear that refusing to speak makes them “look guilty.” From a legal standpoint, this is fundamentally incorrect.
You possess a constitutional right to remain silent. In Connecticut courtrooms, juries are strictly instructed that a defendant’s silence cannot be construed as evidence of guilt. What can be used against you are your own statements. Silence does not establish guilt; attempting to talk your way out of an investigation frequently does.
The Reality of Interrogation Tactics
It is crucial to understand that law enforcement officers are legally permitted to use deceptive tactics during investigations.
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They can misrepresent the evidence they possess.
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They can falsely claim witnesses have already implicated you.
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They can suggest that cooperation will yield leniency.
You are walking into an environment designed by trained professionals to elicit statements. You do not survive that environment through emotional honesty; you protect yourself through strict discipline.
The Proper Protocol for Police Contact
If you are contacted by law enforcement, your response should be unequivocal and concise:
“I am not comfortable answering any questions without my attorney present.”
Once you invoke this right, stop talking. Do not attempt to justify your decision, do not attempt to soften the refusal, and do not engage in further dialogue. Your next step is to call legal counsel.
Early Intervention is Critical
Many criminal investigations stem from exaggerated arguments, retaliatory ex-partners, workplace disputes, or simple misunderstandings. By the time the police reach out to you, a narrative has already been established. Your objective is not to independently “fix” the situation; your objective is to prevent it from deteriorating.
Proper legal intervention at the earliest stages of an investigation can sometimes prevent charges from being filed entirely. However, once you provide a recorded statement, the damage is exceedingly difficult to undo.
The Bottom Line
In the criminal justice system, innocence is not a shield. Strategic legal representation is.
If the police contact you in Connecticut, remain calm and invoke your rights. Do not panic, do not argue, and do not attempt to navigate an investigation unrepresented. I handle criminal defense cases statewide in Connecticut, and my most successful outcomes consistently involve clients who called my office before speaking to authorities.
If the police have contacted you—or you suspect they might—protect your rights and your future.
At Allan F. Friedman Criminal Lawyer, we have over 3 decades of experience working to manage police investigations and acting as a buffer between our client and the police – you don’t have to say anything, we do all the talking for you.
Call 203-357-5555. Let’s handle it the right way. Or use our online contact form.
Frequently Asked Questions
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Do I have to answer police questions if they just want to “clear things up”?
No, you are under no legal obligation to answer their questions, even if they claim it is just a routine inquiry. It is always safest to politely decline and state that you wish to consult with your attorney first.
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Will asking for a lawyer make me look guilty to the police?
No, invoking your constitutional right to counsel is a fundamental legal protection, not an admission of guilt. Law enforcement officers deal with attorneys every day and understand that disciplined individuals protect their rights.
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Can the police legally lie to me during an interrogation in Connecticut?
Yes, police are legally permitted to use deceptive tactics during an active investigation. They can falsely claim they have physical evidence against you or state that witnesses have already implicated you in order to elicit a confession.
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What exactly should I say if an officer asks me to come down to the station for a chat?
You should clearly and politely state, “I am not comfortable answering any questions without my attorney present.” After making that unequivocal statement, remain completely silent and contact a defense lawyer immediately.
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If I already started talking to the police, is it too late to stop?
It is never too late to invoke your right to remain silent. You can stop answering questions at any point during an interview by explicitly stating that you want your lawyer present before continuing the conversation.
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Can my silence be used against me in a Connecticut court?
Under the Fifth Amendment, your decision to remain silent cannot be used as evidence of guilt during a trial. Juries in Connecticut are specifically instructed that they cannot draw any negative inferences from a defendant’s silence.
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Do I need to hire a lawyer if I haven’t been officially charged with a crime yet?
Retaining a lawyer before charges are filed is often the most critical time to establish a strong defense strategy. Early intervention can prevent you from making self-incriminating statements and, in some cases, stop charges from being filed entirely.
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What if the police promise to go easy on me if I just confess or cooperate?
Police officers generally do not have the legal authority to guarantee leniency or plea deals; that power lies strictly with the prosecutor. Any promises made during an interrogation are typically tactical maneuvers designed solely to secure a recorded statement.
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Should I let the police search my home or car to prove I have nothing to hide?
You should never consent to a search of your property without a warrant, regardless of your absolute innocence. Politely but firmly state that you do not consent to any searches, and let your attorney handle the legal complexities.
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How quickly should I contact a criminal lawyer after being approached by law enforcement?
You should contact a criminal defense attorney the very moment you realize you are under investigation or immediately after being approached. The sooner legal counsel is involved, the better protected your rights are from irrevocable mistakes.
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Allan F. Friedman Criminal Lawyer
Statewide in Connecticut
Phone: 203-357-5555
Connecticut Criminal Lawyer Blog










