In light of recent events, (Alex Baldwin got charged with a crime for conduct that occurred while he was on set filming a movie.) I wanted to share some information that maybe people think they know, but in the moment either forget or just don’t listen to.

If you are in the United States – regardless of your citizenship or legal status – the United States Constitution applies to you. This includes constitutional protections from unlawful search and seizure, protected (free) speech, your rights to be free from cruel and unusual punishment, your right to due process of law (meaning a fair trial process) AND YOUR RIGHT TO A LAWYER.

1. You do NOT have an obligation to talk to the police. Not ever. Your 5th Amendment right applies at all points of law enforcement contact all the way through trial. You have the right to remain silent and I almost always tell my clients to use it. An older lawyer put it to me this way: Why help them make a case against you? I can’t think of one case where talking to the police helped a client in their case. But I can think of hundreds where talking to the police made things worse for the client.
2. POLICE CAN LIE TO YOU. There is some urban myth that police either have to tell you that they’re cops or somehow they can’t lie to you. This is absolutely incorrect. There is a ton of case law that supports the idea that police are allowed to lie to you or use other methods to get a suspect to confess or otherwise cooperate. “You have to tell me if you’re a cop” is not a thing.
3. You have the right to an attorney. The stage at which you may get an attorney can vary – I’ve seen some jurisdictions where an attorney is available right when someone is brought in for questioning or arrested. At a minimum you have the right to an attorney when you are officially charged with a crime in court.
4. Police cannot enter your home without a warrant. If they get a warrant you need to let them in. But you don’t need to let them in to chat with you – they can do that outside if you choose. You can also politely decline to speak with them (pro-tip: flunking the “attitude test” by being rude to police is a common way to get arrested, even if it doesn’t result in lasting charges).
5. Your discussions with your attorney are private so long as YOU keep them private. Anything you say to your attorney in a private setting is privileged – meaning it can’t be used against you. Your attorney can’t tell anyone unless you give them permission. However, if you break that privilege by telling others or sharing that conversation, it’s not private anymore and it can be used against you. This is also true if there are others involved in the conversation – for example, if I have a client come into my office to meet with me and they bring someone else that isn’t my client, the person they bring could be called as a witness to testify about that conversation. I’ve never seen it happen, but it’s something to be aware of.
6. You have the right to a trial. I know a trial is overwhelming – that’s what your lawyer is there for. But the decision to go or not go to trial is completely yours – NOT your lawyer’s.

I cannot emphasize strongly enough the importance of knowing your rights. There’s no reason to be a jerk if police approach or interact with you. But there’s no reason to help them make a case against you either. Be smart. Be quiet.

Every U.S. jurisdiction has its own regulations regarding what, precisely, must be said to a person arrested or placed in a custodial situation. The typical warning states:^[10][11]

• You have the right to remain silent and refuse to answer questions.
• If you give up the right to remain silent, anything you say can and will be used against you in a court of law.
• You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
• If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
• If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney.
• Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?