How Soon Should I Call a Lawyer If I'm Being Interrogated?

June 16, 2025

Protect Your Rights Before You Say a Word—The Earlier You Call, the Stronger Your Defense

As a Florida criminal defense attorney, one of the first things I tell people is this: if law enforcement wants to question you about a crime, your silence can protect you—but your attorney can protect you even more.

People often wait too long. They think cooperating will clear their name. They believe talking will make the problem go away. But police interrogations are designed to produce statements that can be used against you. Even one poorly phrased sentence can create grounds for arrest.

You should call a lawyer immediately the moment law enforcement shows interest in speaking with you—before you answer a single question.

Your Right to an Attorney in Florida

Under the Fifth Amendment of the U.S. Constitution and Article I, Section 9 of the Florida Constitution, you have the right to remain silent and the right to legal counsel during any custodial interrogation.

Florida Statutes reinforce these protections. Section 901.24, Florida Statutes, provides:

"A peace officer may not interrogate a person under arrest without first informing them of their right to counsel."

This is echoed in the well-known Miranda warnings required under federal law following Miranda v. Arizona, 384 U.S. 436 (1966).

Once you are in custody, the police must inform you of your right to remain silent and your right to speak to an attorney. But you don't have to wait until you're in custody to assert your rights. If an officer wants to ask you "just a few questions," that's your cue to stop talking and call a lawyer.

The Police Can Lie—And Often Do

What many people don't realize is that police are allowed to lie during interrogations. They can falsely say they have evidence, claim witnesses identified you, or insist your co-defendant confessed.

Their goal is not to get to the truth. Their goal is to get a statement that helps build a case against you. And often, innocent people provide exactly that without meaning to.

Once you give a statement, it can be twisted or misquoted. It may be recorded out of context. And even if you later clarify or retract it, the damage is done.

The sooner a lawyer is involved, the sooner that interrogation can be shut down. You don't need to play defense in a police station. Let me do that for you.

Florida Case Example: Statement Suppressed, Case Dismissed

One of my clients in Jacksonville was accused of theft from his employer. Police asked him to come in "just to clear things up." He was nervous and thought cooperating would prove his innocence.

He answered questions for over an hour. During that time, he made a few statements that the police twisted into a confession. By the time he called me, the damage was done.

We filed a Motion to Suppress under Florida Rule of Criminal Procedure 3.190(h), arguing that the interrogation became custodial and coercive without proper Miranda warnings. Surveillance footage later contradicted the police's version of events.

Because we were able to show that the interrogation violated his constitutional rights and the police had mischaracterized his words, the judge granted our motion. The State dropped the case.

But if he had called me before speaking with the police, we would have avoided that interrogation altogether.

Legal Defenses That Depend on What You Say—Or Don't

The outcome of many Florida criminal cases hinges on what a defendant says during interrogation. That's why keeping quiet until you have legal counsel is one of the most effective strategies.

Here are defenses that can be preserved by staying silent and calling a lawyer early:

1. Coerced or Involuntary Confession: Under Florida Statutes §760.01 and Ramirez v. State, 739 So.2d 568 (Fla. 1999), confessions must be voluntary. If you were intimidated or misled, your statement may be suppressed.

2. Miranda Violation: If you were interrogated while in custody without proper warnings, anything you said may be inadmissible under Florida Statutes §901.24 and Miranda.

3. Invocation of Right to Counsel: If you said "I want a lawyer," questioning must stop. Police who ignore that violate your constitutional rights.

4. Lack of Intent: For many crimes, intent is required. Unlawful statements during interrogation can be used to suggest intent where none existed. Remaining silent avoids this risk.

I can't undo what you've said, but I can often suppress it—if you call me soon enough.

The Risk of Delaying Legal Representation

Every hour that passes without a lawyer present is an opportunity for the State to build a case against you. Once police have your words, they have an advantage. They can cherry-pick language to use at trial. They can write reports that reflect their version of what happened.

Waiting to call a lawyer doesn't make you look innocent. It makes you vulnerable. Prosecutors won't give you credit for cooperating. Judges won't reward you for confessing without counsel. In fact, most cases that result in conviction start with a voluntary statement.

My job is to make sure that doesn't happen to you. The earlier I'm involved, the more control we have over how your case begins—and how it ends.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.

Don't wait until it's too late. If the police want to talk, you need to call us first.

Criminal Defense Frequently Asked Questions

When should I call a lawyer if the police want to talk to me?

Immediately. The moment law enforcement contacts you—even if they say you're not under arrest—you should call a lawyer. Many interrogations begin as "informal" conversations and quickly turn into legal minefields. Having an attorney present ensures your rights are protected from the start.

Can I talk to police if I have nothing to hide?

You can, but you absolutely shouldn't. Innocent people make mistakes under pressure. You might misunderstand a question, get emotional, or say something that gets twisted later. Police are trained to control the conversation and guide it toward a confession. Remaining silent until you have legal counsel is the best way to stay protected.

What if I already started talking? Can I stop and ask for a lawyer?

Yes. You can stop the interrogation at any point by clearly saying, "I want to remain silent. I want a lawyer." Once you invoke this right, police must stop questioning you. Don't try to explain or justify anything—just stop the interview and contact legal counsel immediately.

Will I look guilty if I ask for a lawyer?

No. Asserting your rights is not a sign of guilt. It's a smart legal decision. Prosecutors can't tell a jury you asked for a lawyer, and judges know your constitutional rights exist for a reason. Innocent people need protection, too.

Can police lie to me during questioning?

Yes, and they often do. They can claim they have evidence, witnesses, or confessions from others that don't exist. Their goal is to get you to talk. That's why having a lawyer present is so important. An attorney can shield you from these tactics and ensure the truth comes out.

What happens if I talk to police and then get charged?

Anything you say can be used against you. Prosecutors may use selective quotes to support their case. Even harmless remarks can be misinterpreted. That's why calling a defense lawyer before you speak is the best way to protect your future.