If the police want to talk to me ‘to get my side of the story,’ what should I do?

If police want to speak with you — whether at the scene of an incident, at your home, at a police station, or by phone — to “get your side of the story,” you should politely and clearly tell them that you want to speak with an attorney before answering any questions. Then stop talking.

Why “Getting Your Side” Is a Law Enforcement Technique

The invitation to share “your side of the story” is a standard investigative approach used by law enforcement to elicit statements from suspects and persons of interest. Framing the encounter as an opportunity for you to explain yourself is designed to seem helpful and low-stakes — but everything you say will be documented, can be used against you, and will be evaluated for inconsistencies, admissions, and leads for further investigation.

Police are legally permitted to be deceptive during investigations. Officers can tell you that they are “just trying to understand what happened,” that your cooperation will help you, or that they are speaking with you before deciding whether to make an arrest. None of these statements obligate you to speak, and none of them limit how your statements will be used if you do.

The Fifth Amendment Right to Remain Silent

The Fifth Amendment to the U.S. Constitution protects every person — regardless of guilt or innocence — from being compelled to provide incriminating testimony. This right applies before and after arrest. You are under no legal obligation to answer any question posed by law enforcement beyond identifying yourself in certain circumstances and providing your driver’s license, registration, and insurance when driving.

Remaining silent cannot be used against you in a criminal trial. A prosecutor cannot argue to a jury that your silence indicates guilt. The right to remain silent is a complete legal protection, and invoking it is not suspicious behavior — it is constitutionally protected conduct.

The Danger of “Harmless” Explanations

Many people believe that if they simply explain the truth, the misunderstanding will be resolved and no charges will follow. This belief, while understandable, is dangerous. Even truthful, well-intentioned explanations can contain details that become incriminating in context, contradict evidence police already have, or provide new leads for investigation. Statements that seem exculpatory when made often look very different when read in a courtroom after a charge has been filed.

Moreover, people under stress — even completely innocent people — misremember events, speak imprecisely, and say things that can be characterized as inconsistent with the physical evidence. These apparent inconsistencies can be used to attack your credibility and support a prosecution even when you intended to tell the truth.

How to Invoke Your Rights

Clearly and explicitly state: “I want to speak with a lawyer before I answer any questions.” Then stop talking. Do not explain your invocation. Do not negotiate. Do not say “I don’t have anything to hide, but…” Simply state your request and remain silent. Under Berghuis v. Thompkins (U.S. Supreme Court, 2010), an ambiguous or implied invocation of the right to silence may not be sufficient — the invocation should be clear and unambiguous.

After you have invoked your right to counsel, police must cease questioning. Any statements obtained after a clear invocation in violation of this rule may be suppressed.

The Right Time to Tell Your Side

There may be a time and a place to present your account of events — in consultation with your attorney, who can evaluate the strength of the evidence against you and advise on whether speaking to investigators is in your interest. That decision should be made deliberately, with legal counsel, not spontaneously in response to a police invitation at your door or in an interrogation room.