You Have Five Seconds to Make the Right Call
Imagine this: the police are at your door, or they’ve just pulled you over. Your heart is pounding. Your brain’s racing. What you do in the next five seconds will determine whether you spend the night in your own bed or in a jail cell.
At the Marc Lopez Law Firm, we talk to people every day who made one simple mistake: they said too much. That mistake can cost you your freedom.
If you’re facing criminal charges in Indiana, here’s the hard truth: law enforcement is not looking for your side of the story. They’re building a case, and anything you say can and will be used against you. This blog walks you through what to say, what not to say, and how to handle police encounters with confidence and clarity.
The Statement Trap: Why Talking to Police Is So Dangerous
Most people think cooperating with police means talking. They want to explain. They want to seem helpful. But here’s the trap: once you start talking, you’re locked in. Any small inconsistency, no matter how minor, can come back to haunt you.
Let’s say you forget something during the initial conversation and remember it later. Police won’t see it as a correction. They’ll see it as a lie. Their report will say, “You changed your story,” and from that point forward, they’ll assume you’re being deceptive. That one slip-up can destroy your credibility and make you look guilty even if you’re not.
Small Talk Is a Setup
Don’t fall for the casual tone. Police officers are trained to get people talking. That “friendly” small talk? It’s often strategic. Here’s how it works:
- Fishing for evidence: “Where are you coming from tonight?” “What were you guys doing?” These are designed to get you to volunteer something they can use to justify a search or an arrest.
- Stalling for backup: Sometimes they just need to keep you talking until another officer arrives.
- Buying time for a drug dog: During traffic stops, small talk is often used to extend the stop until a K-9 unit arrives.
The bottom line: small talk with a cop is never just small talk. It’s part of an interrogation.
The Script That Protects You
So how do you protect yourself? Use this three-line script. Memorize it. Repeat it. Share it.
- If it’s a traffic stop: Hand over your license, registration, and proof of insurance. Nothing more.
- Then say: “Officer, I’m exercising my right to remain silent, and I want my lawyer.”
- Then ask: “Am I free to leave?”
That’s it. That’s the playbook.
You might worry that staying silent will make you look guilty. It won’t. The Fifth Amendment of the U.S. Constitution guarantees your right to remain silent. Using that right is not evidence of guilt. Don’t let anyone convince you otherwise.
The Self-Defense Scenario: Why You Still Need to Keep Quiet
Things get even more dangerous if you’ve been involved in a self-defense situation. You’re likely to be shaken up. Emotional. Disoriented. This is the worst possible time to give a statement, yet, this is when most people spill their guts.
But here’s something most people don’t realize: in a self-defense case, the government has to prove that your actions were not self-defense. Don’t make it easier for them.
What Should You Say After a Self-Defense Incident?
If you need to call 911, give your location, your physical description, and say:
- “I was afraid for my life. I need help.”
When police arrive, say only this:
“I was attacked. I was afraid I was going to die. I will give a full statement after I’ve consulted with my attorney.”
This protects your right to a self-defense claim without locking you into a panicked, inconsistent version of events.
“Am I Free to Leave?”—Your Key Question
This one question can change everything.
When police approach you on the street or start asking questions out of the blue, you don’t have to answer. Unless you’re being detained or arrested, you can legally walk away.
But that can feel risky, especially if you’re unsure what’s happening. That’s why we recommend asking, “Am I free to leave?” This question forces the officer to define the encounter.
- If they say yes, walk away. Don’t say goodbye. Don’t say thank you. Just leave.
- If they say no, you’re either being detained or arrested. This would be your cue to shut down the conversation entirely.
From that point forward, repeat the three magic phrases:
- “I plead the Fifth.”
- “I want a lawyer.”
- “I do not consent to a search.”
Need Help? Call the Marc Lopez Law Firm
If you’re dealing with a criminal investigation it’s time to get serious. The Marc Lopez Law Firm has helped thousands of Hoosiers protect their rights, navigate the criminal system, and keep their lives on track.
We’re not here to judge you. We’re here to help you. Call us at 317-632-3642, and remember: always plead the 5th.