What To Say (and Not Say) to Police During an Arrest | Criminal Defense Attorneys, Wichita

WICHITA, Kan., March 10, 2025 /PRNewswire/ -- Being arrested is often an overwhelming and stressful experience, but how you handle yourself in those critical moments can have a lasting impact on your future. Every word you say—and don't say—can influence the outcome of your case. Don't fall victim to oversharing when stressed; make note of what to say (and not say) during an arrest, according to our criminal defense attorneys in Wichita, Kansas! Our team at the McConnell Law Firm is detailing everything you need to know so you can remain diligent in exercising your rights while also protecting your future.

Do: Provide Your Name and Personal Information

When interacting with officers, always remember that it's more than casual conversation—anything you say can later be used as a statement in court. When approached by police officers, remain compliant in their requests for any basic identifying information such as your name, address, and date of birth. Not only is this a legal requirement, but voluntary cooperation can demonstrate your willingness to comply and may prevent a situation from escalating. However, beyond these basics, you are not obligated to (and should not) answer further questions without legal representation present!

Do Not: Consent to Searches of Vehicles

While many people may not realize this, you do not legally have to consent to searches of your vehicle.  If officers believe they have probable cause to arrest you or have a search warrant, they may be able to legally search your vehicle.  However, simply consenting to a request to search outside of these parameters may have severe consequences, as any evidence found during a search could be admissible in court. If a law enforcement officer requests to search your vehicle or property, clearly state, "I do not consent to a search." While a search may still take place, not consenting preserves your right to challenge the legality of the search later on in court.

Do: Remain Silent

If you're an avid viewer of crime and police shows, you're probably aware that you have the right to remain silent during an arrest. This shouldn't be taken lightly, as anything you say can and likely will be used against you in court! When invoking your Fifth Amendment right, simply remain silent or state to the arresting officer, "I am going to remain silent. I would like to speak to an attorney." This should prompt officers to cease questioning until you have an attorney present.

"The more questions you ask during an arrest, the more you open yourself up to conversation with the officer, which may not be helpful for your case," said Jonathan W. McConnell, founding criminal defense attorney in Wichita, Kansas, at the McConnell Law Firm. "Let's say you're being arrested for a DUI; if you continue to answer and ask questions, you're giving the officers further evidence of intoxication should you be slurring your words, repeating yourself, etc."

Do Not: Admit Guilt

While it may seem obvious, never give admissions or partial admissions of guilt during an arrest. Such interactions can prove to be stressful, and you might feel compelled to explain your situation; however, it's crucial to avoid making any statements that could be interpreted as an admission of guilt. Refrain from discussing the incident and do not give any explanations or excuses as to what has transpired. Some examples of seemingly harmless statements that could negatively impact your case include:

• "I didn't see the stop sign."
• "I only had one drink."
• "Sorry, I only looked at my phone for a second."

Do: Ask for an Attorney

Above all else, assert your right to legal counsel immediately upon arrest. This can be easily done by simply stating, "I would like to speak to an attorney." It's important to understand that you can make this request at any time—even if you've already answered questions or chatted with the officers. Once the request is made, officers are legally required to stop questioning you until your attorney is present. An experienced criminal defense attorney will ensure that your rights are protected and can provide you with guidance on navigating the legal process. (Remember, if you cannot afford a defense attorney, you may qualify for a court-appointed attorney.)

Have You Been Accused?

Have you recently been arrested on criminal charges? We encourage you to contact the McConnell Law Firm as soon as possible. While every case is different, and no conclusions should be drawn without first consulting one of our expert criminal defense attorneys in Wichita about the specifics of your case, it is always in your best interest to have a skilled attorney by your side from the beginning.

Request a Free Consultation

Do you or a loved one need the assistance of our expert criminal defense attorneys in Wichita? We encourage you to contact the McConnell Law Firm at (316) 243-5903 for a free consultation.

jonathanwmcconnell.com

SOURCE McConnell Law Firm