The Legal Myth Series, Part Three: If I Don’t Talk to the Police, I’ll Look Guilty
By James L. Spies | AggressiveCriminalLaw.com
Many people believe that staying silent when questioned by police will make them look guilty. This myth has been spread for years and often leads people to give statements that later hurt their case. The truth is that silence is not a sign of guilt. It is a legal right, and it may be the most important protection you have when facing criminal charges in Kansas.
Why People Feel Pressure to Talk
The idea that silence equals guilt is powerful because people worry about how they appear to others. Police officers sometimes reinforce this fear by suggesting that if you have nothing to hide, you should be willing to answer questions. That kind of pressure makes many people talk, even when they know they should not. Unfortunately, once you start talking, the damage can be permanent.
What the Law Really Says
The Fifth Amendment to the United States Constitution guarantees your right to remain silent. That right applies no matter the situation. Whether you are innocent or guilty, whether the questioning happens at a traffic stop or in a police station, you never lose that protection. In Kansas and across the country, the law is clear: invoking your right to silence or asking for an attorney cannot be used against you.
I often hear clients say to me, “If I tell the police I don’t want to talk to them, won’t that make me look guilty?” My response: they already think you’re guilty, otherwise they wouldn’t be interested in talking to you. Chances are that you’re already guilty in their eyes. They are only trying to get you to say something that will bolster their investigation. On the other hand, far more important is what happens if your case goes to trial. A jury will never hear that you refused to answer police questions. That fact cannot be mentioned to a jury. Judges do not allow prosecutors to suggest that silence means guilt. A jury will hear a statement you provide to the police if you talk to them - a statement that can be twisted to fit the prosecutor’s case against you. That is why silence is often the smarter choice.
How Silence Protects You
Remaining silent keeps the state from twisting your words. Even innocent people can say something that gets misinterpreted, taken out of context, or written down incorrectly. Once those words are in a police report, they can become powerful evidence for the prosecution. By saying nothing until you have a lawyer, you prevent these risks and protect yourself from mistakes that could follow you into court.
The Right Way to Invoke Your Rights
Exercising your rights does not require confrontation. A polite and calm response works best. If you simply say, “I want to remain silent, and I want to talk to my attorney,” you have made your position clear. At that point, stop talking until your lawyer is with you. This approach is respectful and ensures that your defense starts on solid ground. And, more importantly, if you clearly state that you want to talk to an attorney before the police ask you any more questions, they are supposed to terminate any further attempts to question you until you have spoken to your attorney. That is, unless you reengage them in conversation.
The Bottom Line
Refusing to talk to the police does not make you look guilty. It makes you wise. Your future is too important to risk by worrying about appearances. The strongest defense begins the moment you decide to remain silent and call a lawyer who understands how to protect your rights in Kansas courtrooms.
