As a criminal defense attorney, one of the most common and dangerous misconceptions I encounter is the belief that innocent people should have no problem talking to the police. The idea is simple: “If you have nothing to hide, why not just explain yourself?” Unfortunately, this mindset has led countless individuals—many of them completely innocent—into legal jeopardy.

The reality is that law enforcement officers are trained interrogators whose goal is to gather evidence, not necessarily to seek the truth. Even if you are innocent, your words can be misinterpreted, twisted, or taken out of context. A minor inconsistency—something as small as getting a timeline slightly wrong—can be used to question your credibility. Once law enforcement believes you might be guilty, confirmation bias kicks in, and every statement you make can be viewed as further evidence against you.

Moreover, you may not even realize what facts are relevant to your case. A seemingly harmless comment could unknowingly implicate you in a crime you didn’t commit or contradict evidence that police already have. And let’s not forget that false confessions happen more often than people think, particularly under pressure.

The Fifth Amendment exists for a reason. Exercising your right to remain silent isn’t an admission of guilt—it’s a safeguard against the very real risk of wrongful prosecution. If law enforcement wants to speak with you, the best response is simple: “I want to remain silent, and I want an attorney.” Whether you’re guilty or innocent, this is the smartest thing you can do to protect yourself.

Importantly, this advice extends beyond just interactions with the police. Any state actor—whether it be an investigator, an attorney in the prosecutor’s office, or any employee of a state agency—has the ability to use your words against you. Statements made to these individuals can be misconstrued or misrepresented, and you may unknowingly provide information that harms your case. Silence is not just a right; it is a crucial tool for self-protection in any legal matter.

Even if you are merely a witness to a crime, speaking to law enforcement without an attorney is risky. If your recollection differs from other evidence, or if investigators decide they do not believe you, you could find yourself facing charges for making a false statement—even if you were trying to be truthful. Innocent mistakes or gaps in memory can be treated as intentional deception, putting you in legal jeopardy for no reason other than trying to help.

At the end of the day, the justice system is far from perfect, and talking to the police or any state actor without legal representation is a gamble you should never take. Remember: silence isn’t suspicious—it’s smart.