How do I properly invoke my right to remain silent and request a lawyer when being questioned by police in California?
To invoke your rights, you must clearly and verbally state that you are exercising your right to remain silent and that you want a lawyer. You must then stop answering questions completely.
Here are the steps to properly invoke your rights when questioned by police in California:
Step 1: Clearly State Your Rights
Verbally state, "I am invoking my right to remain silent, and I want a lawyer." Use these specific words. Do not be vague or ambiguous. Phrases like "I think I should get a lawyer" may not be legally sufficient.
Step 2: Stop Talking Immediately
After you state that you want a lawyer and are remaining silent, you must actually be silent. Do not answer any more questions, make small talk, or offer any explanations. Anything you say can potentially be used against you.
Step 3: Repeat If Necessary
Police may continue to ask questions after your initial invocation. Do not engage. Simply and calmly repeat, "I want a lawyer and I am remaining silent." Do not change your wording.
Step 4: Provide Only Basic Identification
You must still comply with lawful orders to provide your name and basic identifying information. However, you do not have to answer any questions about the events under investigation.
Important Details:
- Your invocation must be clear and direct. The law requires an unambiguous assertion of your rights.
- You can invoke these rights at any time during an interrogation, even if you have already started answering questions.
- Under California Evidence Code Section 913, the prosecution generally cannot use your decision to remain silent against you in court.
Warnings and Limitations:
- Police are not your friends in an interrogation and are permitted to use tactics, including deception, to get you to talk.
- Do not sign any documents or consent to any searches without your lawyer present. Consenting to a search waives your right to challenge it later.
This is general information and does not constitute legal advice. For specific situations, and especially if you are charged with a crime, you must consult with a qualified California criminal defense attorney immediately.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
Criminal Law
Criminal charges, court procedures, and defendant rights
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