Should I Talk to Police Without a Lawyer?
If the police want to speak with you, it’s natural to think:
“If I just tell them my side, they’ll understand.”
Unfortunately, it doesn’t work like that.
One of the most common mistakes I see as a criminal defence lawyer is people talking to police without getting legal advice first. And in many cases, what they say ends up being used against them in court even when they thought they were helping themselves.
Let me be clear: you have the right to silence, and you have the right to a lawyer. Use both.
Do I Have to Talk to Police?
Legally, in New Zealand you only have to give police your:
Name
Address
Date of birth
You are not required to:
Answer questions about the incident
Admit anything
Make a written or video statement
Hand over your phone or passwords (unless they have a warrant)
If the police ask you to come in “for a chat,” you can and often should politely decline until you’ve spoken with a lawyer.
Why Silence Protects You
I’ve seen people say:
“I was just there, but I didn’t do anything.”
“It wasn’t a big deal, we were just arguing.”
“I didn’t hit her I just pushed her out of the way.”
To police, that can sound like an admission. Even if it’s taken out of context. Even if it wasn’t meant that way. And once it’s recorded, it becomes part of the evidence file.
When you’re under pressure or emotional, it’s easy to say the wrong thing—or have it twisted to fit a narrative.
What I Tell My Clients
If the police call you or show up:
Stay calm and polite.
Ask if you’re being detained.
If not, say: “I’m not answering any questions until I’ve spoken to my lawyer.”
Call me immediately.
Even if you think what you’re saying is helpful, it’s always safer to wait until we’ve reviewed the situation and the risks.
What If You’ve Already Spoken to Police?
Don’t panic but call me as soon as possible.
I’ll request disclosure (police evidence), review your statement, and assess whether anything you’ve said can be challenged, excluded, or clarified. In some cases, we can limit the damage. But the sooner I’m involved, the better.
You Only Get One First Statement. Make It Count.
Police interviews are designed to gather evidence not to protect your reputation, your job, or your immigration status. That’s my job.
📞 If police want to question you, don’t guess. Contact Us Now. I’ll guide you on whether to speak, what to say, and how to protect your future.
Disclaimer: This blog is for general information only and does not constitute legal advice. If you’ve been contacted by police or asked to make a statement, speak to a qualified lawyer before proceeding.
