5 Critical Mistakes to Avoid When Dealing with Police

Whether you are stopped by the police, questioned about a crime, or under arrest, what you do in that moment can affect your case and your future. Many people unknowingly make mistakes when dealing with law enforcement that put them at risk of criminal charges—or make existing charges worse.

Here are five critical mistakes you must avoid when interacting with the police:

1. Talking Too Much

The biggest mistake people make is thinking they can talk their way out of a situation. Law enforcement officers are trained to extract information that can be used against you. Even innocent explanations can be twisted into evidence of wrongdoing.

✔ Invoke your right to remain silent. Simply say: "I am invoking my right to remain silent, and I want a lawyer."
✔ Do not answer ANY questions without an attorney present.
✔ Stay calm and polite, but do not volunteer information.

❌ Do NOT try to explain yourself, deny accusations, or give “your side” of the story. It will not help you.

2. Consenting to a Search

Police may ask for permission to search your home, car, or personal belongings. You have the right to refuse. If they don’t have a valid warrant or probable cause, they cannot legally search you.

✔ Politely but firmly say: “I do not consent to a search.”
✔ If they claim to have a warrant, ask to see it but do not interfere.
✔ If they search without permission or a warrant, stay silent and tell your lawyer later.

❌ Do NOT assume you have to let them search just because they ask. If they truly have legal grounds, they won’t need your consent.

3. Resisting Arrest or Being Aggressive

Even if you believe you are being treated unfairly, resisting arrest will only make things worse. You could face additional charges such as resisting arrest, obstruction, or assault on an officer.

✔ Stay calm and comply physically, but do not answer questions.
✔ If you are arrested, ask for a lawyer immediately and stop talking.
✔ Remember, fighting the charges happens in court, NOT on the street.

❌ Do NOT push, pull away, argue, or try to run. Even minor resistance can be used against you.

4. Assuming the Police Are on Your Side

Police officers are trained to gather evidence—not to help you. Even if they seem friendly, their job is to investigate possible crimes. They can and will use anything you say against you.

✔ Be polite, but do not trust that officers are there to “help” you.
✔ Understand that officers can legally lie to you to get information.
✔ Even if you are innocent, do NOT assume that answering questions will clear things up.

❌ Do NOT believe statements like “We just want to clear things up” or “If you talk to us, we can help you.” These are tactics to get you to talk.

5. Not Contacting a Lawyer Immediately

One of the worst mistakes you can make is facing the police alone. Whether you are being questioned, searched, or arrested, you should always have legal representation.

✔ If the police want to talk, tell them you will not answer questions without your attorney present.
✔ If you are arrested, ask for a lawyer immediately and refuse to answer questions.
✔ If a loved one is in police custody, contact an experienced criminal defense lawyer right away.

❌ Do NOT wait to get legal help. The sooner you have an attorney, the better your chances of protecting your rights.

Final Advice: Protect Yourself & Your Rights

Mistakes when dealing with the police can lead to criminal charges, wrongful convictions, or harsher penalties. The most important things to remember are:

✔ Stay silent.
✔ Do not consent to searches.
✔ Remain calm and do not resist.
✔ Never assume the police are on your side.
✔ Call an experienced criminal defense attorney immediately.

If you or a loved one is being questioned or has been arrested, call Benzaken, Maguire, Sheehan & Wood, LLP immediately at 508-897-0001. We are here to protect your rights and your future.