Many people believe that if they’re innocent, it’s okay to talk to the police. On the surface, that makes sense: if you didn’t do anything wrong, explaining your side should clear everything up. Unfortunately, that’s rarely how it works in practice.
Why Innocent People Still Get Arrested
If an officer is questioning you, it means they already believe, or at least suspect, you committed a crime. In an assault case, for example, the officer probably has a report from someone claiming you assaulted them. Even if you deny it, anything you say that lines up with that person’s story makes them more credible in the officer’s eyes.
In a DWI stop, your own words can be used against you. If you say you’re coming from a bar, even after only two legal drinks, that statement, combined with the odor of alcohol, gives the officer more reason to believe you are intoxicated.
Two Possibilities If the Police Question You
There are really only two possibilities when an officer questions you:
- They already have probable cause to arrest you. In this situation, the officer is going to arrest you regardless of what you say. They are trying to get you to talk to make a stronger case against you and make it more likely that you are convicted of the crime they are going to arrest you for.
- They don’t have probable cause. If they dont’ have probable cause yet, they can’t arrest you. The cop is talking to you to try and get you to make statements that will give them probable cause to arrest you. If you don’t talk with them, and they don’t get probable cause in some other way, you get to go home.
Either way, talking almost always hurts you.
Scenario 1: Assault Allegation
Imagine a wife calls the police on her husband after an argument. She claims he assaulted her. When police arrive, the husband tells them: “She found a message on my phone, accused me of cheating, and started yelling. We argued, and then she called you. But I never touched her.”
Even though he denies assaulting her, which is true, he has just confirmed nearly every part of her story. That makes her more believable. He identifies himself as being present, admits to the fight, and strengthens her credibility. The officer arrests him for assault even though he’s innocent.
Scenario 2: DWI Arrest
Now imagine a young woman pulled over for speeding on Loop 410 at 2:00 a.m on a Saturday. The officer smells alcohol and asks where she’s coming from. She saysShe tells him that she’s going home and coming from a bar. She admits to two drinks that night, which is completely legal.
That’s perfectly legal, but now the officer has evidence: late at night, bar admission, smell of alcohol. He asks her to do field sobriety tests. She thinks she did fine, but officers are trained to notice small details she isn’t even aware of—balance issues, eye movement, coordination. He arrests her for DWI. She hasn’t broken the law, but she is still going to have to go through being arrested. Even though she’s going to blow less than .08, she won’t be released because they are going to get a warrant to test her blood for drugs. She will have to bond out and fight the case in court.
In both situations, the person is innocent. Each person decided to talk to the police to try and clear things up, but their statements were used against them and the officer still arrested them.
What the Law Says About Questioning
Police are not required to read you your Miranda rights unless you are being questioned after you’ve been placed under arrest. That means that they can question you all they want before arresting you without reading you your rights.
Officers may act like they’re on your side or suggest that cooperating will make things easier. In reality, every statement you make is potential evidence for them, not protection for you.
The Safer Choice
Whether you’re guilty or innocent, talking to the police without a lawyer almost never helps. At best, it confirms part of their case. At worst, it gives them the last piece they need to arrest you.
The safest choice is simple: do not talk to the police without an attorney present.
If you are being questioned by the police, follow these steps:
✅ What to Say if Police Question You
1. Clearly state: “I am exercising my right to remain silent.”
2. Demand: “I want to speak to an attorney.”
3. Stop talking: Do not answer further questions until you have legal counsel.
By invoking your rights this way, you protect yourself from unintentionally providing evidence that could be used against you.
The Law
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Miranda Rights – Miranda v. Arizona, 384 U.S. 436 (1966).
“The prosecution may not use statements… stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination.”
Read full opinion -
Right to Remain Silent – Doyle v. Ohio, 426 U.S. 610 (1976).
“It would be fundamentally unfair and a deprivation of due process to allow [the] silence to be used to impeach an explanation subsequently offered at trial.”
Read full opinion -
Right to Counsel During Questioning – Edwards v. Arizona, 451 U.S. 477 (1981).
“Once an accused has invoked his right to have counsel present during custodial interrogation, he is not subject to further interrogation… unless counsel has been made available to him.”
Read full opinion -
Probable Cause to Arrest – U.S. Constitution, 4th Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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Texas Constitution – Tex. Const. art. I, § 9
The people shall be secure in their persons, houses, papers and possessions, from all unreasonable seizures or searches, and no warrant to search any place, or to seize any person or thing, shall issue without describing them as near as may be, nor without probable cause, supported by oath or affirmation. -
Texas Code of Criminal Procedure
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Texas Transportation Code – DWI – Tex. Transp. Code § 49.04
Full text
Sean Henricksen
Latest posts by Sean Henricksen (see all)
- Should You Talk to the Police If You’re Innocent? - September 17, 2025
