Most people believe they’ll never have to deal with the police beyond a traffic stop. But the truth is, law enforcement can approach anyone—at any time—for questioning. Whether it’s on the street, at your home, or during an investigation, how you respond can have serious legal consequences. Unfortunately, many people make critical mistakes when questioned by police, not out of guilt—but out of fear, confusion, or a desire to appear cooperative.
At Flores Legal Allies, we defend clients in San Diego and Los Angeles who are facing criminal charges or have been swept into investigations after an encounter with police. We become more than just attorneys—we become your allies, helping you stay calm, informed, and protected in the face of legal uncertainty.
The most common mistakes people make when interacting with police, why these mistakes matter, and how to handle police questioning the right way.
Mistake #1: Talking Too Much
Many people believe that if they just “explain the situation,” everything will be fine. They may feel they have nothing to hide, or they might hope the officer will let them go if they appear cooperative. But the reality is: what you say can and will be used against you—even if you’re innocent.
Police are trained to ask questions in ways that may seem casual but are actually designed to gather evidence. Anything you say, no matter how harmless it seems, can be taken out of context, misquoted in a police report, or used to connect you to a crime.
What to do instead:Politely invoke your right to remain silent. You can say, “I want to cooperate, but I would like to speak with an attorney before answering any questions.”
Mistake #2: Not Asking If You’re Free to Leave
Officers may approach you and begin asking questions in a way that makes you feel like you’re not allowed to walk away—even if you’re not under arrest. People often stay and talk because they assume they must. But unless you’re being detained or arrested, you are legally free to leave.
What to do instead:Ask clearly and calmly, “Am I being detained, or am I free to leave?” If the officer says you’re free to go, you can walk away. If they say you’re being detained, ask for clarification and legal representation.
Mistake #3: Consenting to Searches
Police may ask if they can “take a quick look” in your car, home, or backpack. Even if you have nothing illegal, you might feel pressured to say yes. But if you give consent—even under pressure—you’re giving up one of your most powerful rights under the Fourth Amendment: protection against unreasonable searches.
Once you give consent, anything they find—legal or not—can be used as evidence. And if you later try to challenge the search in court, the fact that you agreed can undermine your defense.
What to do instead:Respectfully decline. You can say, “I do not consent to any searches.” You are not required to justify or explain why.
Mistake #4: Thinking You Can “Clear Things Up”
One of the most dangerous mistakes is believing that talking to the police will help clear your name. This belief often leads people to:
- Admit to minor wrongdoing, thinking it will earn leniency
- Provide incomplete or inaccurate timelines
- Offer alibis that can later be contradicted
- Unknowingly place themselves at the scene of a crime
You might be unknowingly helping the police build a case against you. Even if you’re not the target at the beginning, your words can make you a suspect.
What to do instead:Don’t try to talk your way out. Contact a criminal defense attorney and let them speak on your behalf.
Mistake #5: Believing the Police Are “On Your Side”
It’s common for officers to use friendly conversation or phrases like:
- “We just want to hear your side.”
- “You’re not in trouble—we’re just talking.”
- “Help us help you.”
This tactic is called a pretext interview, and it’s designed to make you feel safe enough to talk without a lawyer. But make no mistake: the officer’s job is to gather evidence, not protect your interests.
They are not required to be honest. In fact, the law allows police to lie to suspects during questioning. They may falsely say:
- “We have your fingerprints.”
- “Your friend already confessed.”
- “We saw you on camera.”
Assume that anything you say is being documented, and that the officer’s role is investigative—not protective. Politely ask for an attorney before continuing.
Mistake #6: Agreeing to a “Casual” Interview Without Legal Counsel
Sometimes police will invite someone to the station for a “quick chat” or to “help with an investigation.” People often accept out of fear of appearing guilty—or simply out of intimidation. But showing up voluntarily doesn’t mean your rights disappear. If you’re being questioned about a crime, you should never do it alone.
What to do instead:If you’re contacted by police and invited for questioning, consult a criminal defense lawyer immediately. A good attorney can determine whether it's wise to speak at all—and if so, under what conditions.
Mistake #7: Making False Statements
If you choose to talk to police and then lie, you can face serious legal consequences—even if the lie seems small or irrelevant.
Under California Penal Code § 148.5, making a false report or knowingly providing false information to law enforcement is a crime. You could face:
- Misdemeanor charges
- Up to 6 months in jail
- A permanent criminal record
Even worse, a false statement can destroy your credibility if the case goes to court.
What to do instead:If you choose to speak, be truthful—or better yet, say nothing until you speak with your attorney.
Mistake #8: Failing to Understand Your Miranda Rights
The famous Miranda warning (“You have the right to remain silent…”) only applies when you are in custody and being interrogated. If you’re not officially in custody, police don’t have to read you your rights. Many people assume that because they weren’t read their rights, their statements can’t be used. That’s not true.
If you speak voluntarily before being arrested, anything you say can still be used against you—even without a Miranda warning.
What to do instead:Don’t rely on the presence or absence of Miranda rights. Always protect yourself by asserting your right to remain silent and requesting a lawyer.
Mistake #9: Not Calling an Attorney Early Enough
Many people wait until after they’ve been arrested, charged, or searched to seek legal help. But by that point, irreversible damage may already be done. Even one unguarded statement can be enough to justify charges or justify a search warrant.
What to do instead:The best time to call a criminal defense attorney is as soon as police make contact—even before questioning begins. An early defense can mean the difference between charges being filed or dropped.
How Flores Legal Allies Can Help
At Flores Legal Allies, we know how overwhelming it can be when law enforcement starts asking questions. You may feel anxious, pressured, or unsure of what to do next. That’s why we offer more than just legal advice—we provide calm, strategic guidance at a time when everything feels uncertain.
Whether you’re under investigation, facing charges, or simply want to protect your rights during a police encounter, we’re here to:
- Review the circumstances of your questioning
- Advise you before any statements are made
- Represent you during interviews or hearings
- Prevent law enforcement from violating your rights
- Protect you from false accusations or coercive tactics
With offices in San Diego and Los Angeles, we’ve helped countless individuals navigate interactions with law enforcement without compromising their freedom or future.
How We Can Help
Police encounters are high-stakes—even when they seem casual. One wrong move, one misplaced word, or one hasty decision can result in charges, arrests, or lifelong consequences. But you don’t have to face these moments alone.
At Flores Legal Allies, we stand with you from the very beginning. We listen without judgment, act with urgency, and fight with precision. If you’ve been questioned by police or expect to be, contact us immediately. The sooner we’re involved, the more we can do to protect your rights and your future.
