Can you be questioned without a lawyer?
Asked by: Laurie Rodriguez | Last update: December 4, 2025Score: 4.9/5 (1 votes)
If the police are questioning you about a crime—whether you're a witness, a suspect, or a person of interest—you have the
Should you ever answer questions without a lawyer?
You are under no legal obligation to go in at all, and you should absolutely not answer any questions before you talk to a lawyer.
Can you refuse to come in for questioning?
You typically can refuse to go in for a police interview, and always can require that a criminal defense attorney be present with you when the officers question you.
How do you legally refuse to answer a question?
Clearly State Your Reason: If you decide to refuse to answer a question, you must clearly articulate your reason. For instance, stating, “I plead the Fifth” indicates that you're invoking the Fifth Amendment right against self-incrimination.
Why is it important to have a lawyer present during questioning?
A lawyer is a trusted and impartial third party to your interrogation. Their presence insures that the police cannot tamper with your testimony, or that they will misremember something you said later on. Having a lawyer present is your Constitutionally protected right, and there is NEVER a reason to forgo that right.
When 200IQ Lawyers Destroy Corrupt Cops
Do I need an attorney for questioning?
The best way to avoid falling into interrogation traps and giving police evidence to use against you is not to speak to the police without first consulting with a lawyer. Contact us for more information. Eisner Gorin LLP is based in Los Angeles, CA.
What is the first question you should ask a potential lawyer?
Here is a handy checklist of basic questions to ask before you hire a lawyer: What is your experience in this field? Have you handled matters like mine? What are the possible outcomes of my case? What are my alternatives in resolving the matter?
Can you say I decline to answer in court?
In a more formal setting such as a deposition, hearing or trial, the person might say: “On the advice of counsel, I invoke my fifth amendment privilege against self-incrimination and respectfully decline to answer your question.”
Can police bring you in for questioning without a warrant?
If the police want to conduct questioning without a warrant, they usually will not be able to detain you against your will. You can generally refuse to answer questions that you feel may incriminate you.
How do you formally decline a question?
- I'm sorry, but I'd prefer not to say.
- I'm sorry, but I don't want to share that information.
- I don't mean to be rude, but I don't want to answer that question.
- No offense, but I'd rather not say.
- Let's just say it cost more than my old one. ...
- All I will say is that both sides are happy with the result.
Is it legal to say I don't answer questions?
Do I have to answer questions asked by law enforcement officers? No. You have the constitutional right to remain silent.
How to tell if you're being set up by police?
Signs You Might Be Getting Set Up by Police
Similarly, if someone repeatedly encourages you to commit a crime or makes it easy for you to engage in illegal activity, this could be a sign of entrapment. Another warning sign that you might be getting set up is if you feel pressured or coerced into committing a crime.
Why shouldn't you say anything without a lawyer?
Yes, anything you say to the police can be used against you in court. This is why it's essential to exercise your right to remain silent until you have spoken with a lawyer. Even innocent statements can be taken out of context or misinterpreted, leading to stronger evidence against you.
What to say when a cop asks you where you are going?
You have the right to remain silent. For example, you do not have to answer any questions about where you are going, where you are traveling from, what you are doing, or where you live. If you wish to exercise your right to remain silent, say so out loud.
Will lawyers answer questions for free?
In California, as in other states, free legal advice is available by simple calling 1-800-THE-LAW2 and getting connected to one of the attorneys in our network. In fact, we've been serving Californians and the local community since the 1980s.
Can I sue the police for not investigating?
The courts ruled people can sue cops for botched investigations.
Can the police kick in my door if I have a warrant?
If they have a no-knock warrant they can enter your residence whether you are there or not. If they have to break the door down to get in, the warrant gives them the authority to do that.
What are the four Miranda rights?
The right to consult with an attorney prior to questioning. The right to have the attorney present during questioning. The right to stop answering questions at any time. The right to have an attorney appointed for you if you cannot afford to hire one.
Can you answer I don't remember in court?
If you do not know an answer, say so. Do not give attorneys answers you think they want. If you do not remember, say you don't remember – not that you do not know. Do not guess if you are not sure, unless you are instructed to give an estimate.
Can your words be used against you in court?
If you say something voluntarily before they start questioning you—or if they never officially question you—the words you said in their presence may still be used against you in court. That's why it's always best to remain silent until speaking with an attorney—whether or not your rights are read to you.
Can you refuse to answer a judge's question?
Privilege Against Self-Incrimination
Individuals can refuse to answer questions if responses might incriminate them. Courts uphold this right to prevent self-incrimination during depositions.
When would you most likely need a lawyer?
- You are in over your head. ...
- You could go to jail. ...
- You could lose a lot of money. ...
- Your opponent has an attorney. ...
- Bodily injury is involved. ...
- You are in a complicated divorce. ...
- You need to administer the estate of someone who died.
What to do before talking to a lawyer?
- Jot down the key points in your case to share with them.
- Bring the names, addresses, and telephone numbers of everyone connected with the case.
- Bring all papers related to the case. Some lawyers may want to review the papers before your meeting.
Do lawyers tell you what you want to hear?
Often lawyers tell clients what clients want to hear. They do this in order to be liked and in order to get or keep business.