Should I Talk To The Police?

No. That answer is not true 100% of the time but basic information about how to decide what to do is answered below.


Should I talk to the Police?
No. When police are investigating a criminal report and you talk to them the answers you provide can strip you of your right to remain silent. That may be a right you want to use. You want a defense attorney present so you are sure that you are not incriminating yourself.

That simple answer is unfortunately not something what happens most of the time. Police are professionals trained in the law and looking to get answers. They are good at pushing people to answer so knowing how to answer is important:

How Do You Not Talk To The Police?
Start by asking the officer if you are free to leave before you even think of answering.
Leave if they tell you that you are free to leave. If the police say you are not free to leave then say you want your lawyer present.

Sounding like you can be pressured increases the odds the police try harder. This can include the police threatening to arrest you and other tactics used by officers.

The concept behind asking if you are free to leave is that police officers can ask anyone questions. This a consensual encounter. If you don’t feel like the encounter is consensual then ask: “am I free to leave”?
When police answer that you are not free to leave it means they believe they have reasonable and articulable suspicion of criminal activity. That means if they tell you “no” they believe a crime may have occurred.

**If the police are talking to you and they believe a crime occurred—act accordingly: tell them you want your lawyer present**

Note-Police dislike this answer, but they know you are simply exercising your right not to incriminate yourself under the United States Constitution.

What Questions Do You Have to Answer for the Police in Ohio?
First, remember to ask first if you are free to leave. If the police officer says “yes” then you don’t have to answer anything. If a police officer says “no” and has reasonable suspicion a crime has occurred, then you have to disclose all of the following:
1. Your Name
2. Your Address
3. Your Date of Birth

**If any of these answers would reveal criminal conduct you do NOT have to answer** (Example: If you are accused of Drinking Alcohol underage).

Ohio Law for Failure To Disclose Personal Information when Requested To Do So By Police is linked below:
§2921.29 Failure to Disclose Personal Information

Can I plead the Fifth to a Cop?

Yes. The Fifth Amendment to the US Constitution says you have the right against self-incrimination. Once you are under arrest the police have to read your Miranda rights to you. Before you are arrested you can insist on a lawyer to avoid self-incrimination.