Should You Talk to the Police If You're Under Investigation?

The phone rings. A detective is polite, calm, and says they just want to ask a few questions to "clear things up." Every instinct tells you that talking will make this go away. In a sexual assault investigation, that instinct is almost always wrong.

Why "just talking" is a trap

By the time an officer contacts you, an investigation is already underway. The conversation is not a chance to explain — it's an opportunity to gather statements that can be used against you. Even completely innocent people routinely hurt their cases by:

• Guessing at details they don't actually remember.
• Trying to be helpful and volunteering information.
• Getting rattled and contradicting themselves.
• Saying something that sounds bad without context.

Anything you say can and will be used. Nothing you say during that call will stop charges from being filed if the officer has already decided to pursue them.

What your rights actually are

You have the right to remain silent and the right to an attorney. You do not have to answer questions, and choosing not to cannot be used to prove guilt. Exercising these rights is not "acting guilty" — it's acting smart.

The right words are simple and polite: "I'm not going to answer questions. I'd like to speak with my lawyer."

The pre-charge window is your best opportunity

Here's what many people don't realize: the period before charges are filed is often the most important stage of the entire case. With an attorney involved early, a defense investigation can:

• Preserve evidence and identify witnesses before memories fade.
• Present exculpatory information to prosecutors.
• In some cases, influence whether charges are filed at all.

Waiting until after an arrest gives up that advantage. Calling a lawyer the moment you're contacted protects it.

What to do instead of talking

1. Be polite. Don't argue, run, or lie — simply decline to answer.
2. Do not consent to searches of your phone, home, or car without speaking to a lawyer.
3. Write down what happened while it's fresh, for your attorney only.
4. Call an experienced defense lawyer right away.

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If a detective has contacted you in Massachusetts, talk to us before you talk to them. Call (508) 584-0411 for a free, confidential consultation. This article is general information, not legal advice.