What to say to the police, and what not to
The decision that matters most in a criminal case usually gets made inside the first hour, by somebody who has had no legal advice at all. We wrote this page to change that.
Say this, and nothing else
What to say
“I want to speak to my lawyer. I have nothing to say to you.”
Say it, then stop. Nobody can make you explain yourself, and an explanation can’t help you: the rules of evidence will not let your own statement be used in your favour at trial. It can only be used against you.
6 things to do, in order
What we would tell you to do, from the moment police make contact through to your first court date.
- 01
Say the words, and only the words.
“I want to speak to my lawyer. I have nothing to say to you.” Repeat it. You aren’t required to explain, clarify or correct anything. Be polite by all means. Don’t explain.
- 02
Understand what the conversation is for.
Police are not collecting your side of the story to weigh it fairly. An investigation builds a case. Nothing you say goes in at trial to help you, because the rules of evidence don’t permit it. Your words can only ever be used against you.
- 03
Being silent doesn’t make you look guilty.
A judge can’t hold your silence against you, and a jury is instructed in terms that an accused person has the right to say nothing at all. “He never gave his side of the story” is not evidence. It is not anything.
- 04
Don’t consent to a search.
If police ask permission to search your phone, your car or your home, you may decline. Say: “I don’t consent to a search.” Don’t physically resist. If they search anyway, what decides it months later is the detail nobody thinks to write down at the time: who asked, the words they used, whether anybody told you that you could refuse, whether you were under arrest at that moment, and how long you had been standing on the pavement before any of it was said.
- 05
Ask to call counsel, then make the call.
You have a right to speak to a lawyer without delay and in private. Duty counsel is available free, at any hour. Use the call. Then stop talking.
- 06
Write down what happened, for your lawyer only.
As soon as you can: times, officers, what was said, what was searched, any injury. Give it to your lawyer. Don’t post it, text it or talk it over with anybody else, family included. They can be compelled to testify about what you told them.
Common questions about police questioning
Answered in full on our questions and answers page.
- What should I say to the police?
- Will staying silent make me look guilty?
- Can the police search my phone?
- Can they search my car or my house?
- I already talked to the police. Have I ruined it?
- They want me to come in and give my side. Should I?
- Can I be arrested without being told why?
- How long can police hold me?
- Should I take a polygraph?
- They said they just want to eliminate me as a suspect.
This is general information about Canadian criminal law, not legal advice about your situation. If you have been arrested or contacted by police, call a lawyer before you do anything else. Us, or anybody else.
Talk it through with a lawyer
The first conversation costs nothing and commits you to nothing. We will give you an honest read on where you stand, whether you retain us or not.
We are a private practice and our fees reflect the work involved. A serious matter is prepared over months, and we keep our numbers low so each file gets the hours it needs. We will tell you what your case is likely to cost on the first call, before you commit to anything. And if the honest answer is that duty counsel, Legal Aid or another firm would serve you better, we will tell you that instead.