I'm a Criminal Defense Lawyer. Here Are 3 Things I Wish People Knew Before Talking to the Police.

Estimated Read Time: 3 Minutes
Reviewed by Attorney Nate Gjesdal
August 11, 2026

When police want to talk to you, your first instinct may be to cooperate.

You might think, “If I just explain what happened, they’ll understand.”

I understand that instinct especially if you don’t believe you did anything wrong.

But after 16 years practicing criminal defense, I’ve seen situations become much more complicated because someone tried too hard to explain themselves.

Here are three things I wish more people understood before talking to the police.

1. Trying to “Clear Things Up” Can Make Things More Complicated

When someone believes there has been a misunderstanding, the natural reaction is to explain. The problem is that you may not know what the police already know, what someone else has told them, or why they’re asking a particular question. Even a truthful answer can create problems if you remember a detail differently, misspeak, or answer without knowing the context behind the question.

We see this in everyday situations that escalate unexpectedly. An argument at a youth soccer game, for example, can turn into a criminal investigation after people give conflicting accounts of what happened.

Similarly, if you’re accused of theft at Disneyland, your instinct may be to immediately explain why the item wasn’t paid for. But once security or police are involved, what you say can become part of the investigation.

You don’t have to prove your innocence during that conversation. Sometimes the smartest thing you can do is get legal advice before deciding what, if anything, you should say.

2. Being Asked to Talk Doesn't Necessarily Mean You're “Just a Witness”

Police don't always begin a conversation by telling someone they are a suspect. You may receive a phone call asking if you can answer a few questions. An officer may come to your home. You may be told they simply want your side of the story. That doesn't automatically mean you're in trouble, but it also doesn't mean you aren't.

If you don't know why police want to speak with you, it's reasonable to find out more before answering detailed questions.

I've represented people who weren't arrested when an incident occurred but later learned that law enforcement was still investigating what happened. No arrest does not necessarily mean the matter is over.

3. “Don't Talk to the Police” Doesn't Mean Ignore Every Legal Obligation

You'll often hear blanket advice like, “Never cooperate with police” or “Refuse everything.” This is where internet advice can become dangerous. Real life is more complicated.

DUI cases are a good example. There is an important difference between answering investigative questions, participating in certain roadside tests, and California's requirements involving chemical testing after a DUI arrest.

I've written before about why one size fits all DUI advice on social media can get people into trouble. The same principle applies here. Knowing when you can decline something and when there may be legal consequences for refusing it matters.

Final Thoughts

If police want to speak with you, don't assume that explaining more will automatically make the situation better.

You also don't need to panic.

Before answering detailed questions, take a moment to understand why you're being contacted and whether you should speak with an attorney first.

Sometimes saying less until you understand the situation is the smartest way to protect yourself.

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