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Rights of the Innocent Under Police Questioning

Use caution, and talk to an attorney, before talking to the police

Most of us want to be helpful when we can. When the police ask questions, you may feel even more pressure to answer and show your innocence. Before you respond, though, take a step back. You have constitutional rights designed to protect you. Calling an attorney can keep you from getting into trouble that you don’t deserve.

Innocence Isn’t Enough

When you are innocent, you may think you have nothing to worry about. Unfortunately, that isn’t true. You know you are innocent, but the police might not. They may ask questions designed to trap you, or they might read more into what you say than you intend. Being innocent helps, of course, but that is not a reason not to prepare. The police have an agenda when they question you, so you need to understand that before you talk.

The Fifth Amendment

This is a big part of why we have the Fifth Amendment. This gives you the right to remain silent and the right to an attorney before you answer any questions. You may think of these as rights that protect criminals, but it actually works for everyone’s protection. If the police want to ask you questions, you shouldn’t assume it will all work out. Protect your rights and make sure you have the help you need.

Get Prepared

This help isn’t going to come from another police officer, your friends, or the guilty party. The police are good at what they do, and can use information they receive to fit the picture they believe they see. It would be foolish to believe you know the game better than they do. An experienced attorney can help protect you and make your case for you under police pressure.

It may seem like refusing to answer questions makes you look guilty. The truth is that you face more risks for what you say than for what you do not. Before you answer any police questions, contact Eisenberg Law Offices online at, or at (608)256-8356. We will help you protect your rights and your good name.