Call Us Today
should I talk to police in North Carolina

Should I Talk to the Police If They Call Me About a Case?

Getting a call from the police can be unsettling. Whether they leave a voicemail or ask you to “come down to the station for a quick chat,” your first instinct may be to cooperate. But that instinct can get you into serious trouble if you don’t fully understand your rights.

If you’re wondering why the police department is calling you or whether you’re legally required to speak with them, this post breaks it all down.

Why Would the Police Department Call Me?

The police may call you for a variety of reasons, and not all of them mean you’re in trouble. Common reasons include:

  • You’re a witness to an incident or crime
  • You’re a suspect (and they won’t usually tell you this upfront)
  • You’re connected to someone involved in an investigation
  • They’re looking for information or clarification about a case

Even if the call seems harmless, you should assume that anything you say can and will be used against you. Police officers are trained to gather information—not to offer legal advice or protect your best interests.

Do You Have to Talk to the Police in North Carolina?

No, you do not have to talk to the police. You have a constitutional right to remain silent under the Fifth Amendment. In fact, it’s often in your best interest not to answer questions until you’ve spoken with a criminal defense lawyer.

Here’s what you can say instead:

“I respectfully decline to answer any questions without my attorney present.”

This isn’t being uncooperative—it’s protecting your rights. Once you say this, the police are supposed to stop questioning you.

Can You Get in Trouble for Not Talking?

Refusing to speak with the police does not make you look guilty, and it’s not a crime. Unless you’re being lawfully detained or arrested, you’re not required to answer any questions or go to the station. Even if they phrase it as “just a quick talk,” understand that:

  • You are likely being recorded
  • They may already have evidence and are trying to confirm details
  • You might unintentionally incriminate yourself, even if you’re innocent

Police are legally allowed to use deception in interrogations. That means they can lie about the evidence, say someone else confessed, or suggest you’re helping yourself by talking. Don’t fall for it.

What If You’re Innocent?

Many people think, “If I didn’t do anything wrong, I should just clear things up.”

Here’s the problem: innocent people can and do get charged. The legal system isn’t foolproof, and cooperating without legal advice can backfire.

You might accidentally:

  • Give conflicting details that create suspicion
  • Admit to something minor that gets turned into something major
  • Say something that matches evidence you didn’t even know existed

Once you’ve made a statement, it becomes part of the case. You can’t take it back.

When Should You Talk to the Police?

There may be times when talking to the police is appropriate, such as:

  • When you’re reporting a crime
  • When you’re the victim of a crime
  • When your attorney advises you to cooperate

In any other situation, your first step should be to consult a criminal defense attorney. An experienced lawyer can:

  • Contact the police on your behalf
  • Find out whether you’re a suspect
  • Help you avoid saying anything incriminating
  • Be present during any questioning

What Happens If You Ignore the Call?

If the police call and you don’t answer or call back, they may:

  • Try to contact you again
  • Show up at your home or workplace
  • Move forward with the investigation without your input

But that doesn’t mean you’re in legal trouble for not responding. You can still protect your rights by contacting a lawyer first. If police come to your door, you can speak to them through the door or ask if they have a warrant. If they don’t, you don’t have to let them in or answer their questions.

What If They Say You’re Not Under Arrest?

Sometimes officers will say, “You’re not under arrest. We just want to talk.”

This doesn’t mean you’re safe. It means:

  • You’re not in custody, so they don’t have to read your Miranda rights
  • Anything you say can still be used against you
  • They might be hoping you’ll talk without a lawyer present

The smartest move you can make in this situation is to say:

“I understand, but I’d like to speak to my attorney first.”

Then stop talking. Period.

Protect Yourself Before You Speak to Police

Being contacted by law enforcement doesn’t automatically mean you’re being accused. But it’s not the time to guess or gamble.

Protect yourself by following these steps:

At Dement Askew Johnson & Marshall, we routinely represent people who are under investigation or have been contacted by law enforcement. In many cases, we’re able to step in early and help our clients avoid criminal charges entirely.

Talk to a Raleigh Criminal Defense Lawyer First

If the police are calling you about a case, don’t assume it’s harmless. Protect your rights and your future by speaking to a defense lawyer before you say a word.

At Dement Askew Johnson & Marshall, we understand the stakes. Whether you’re a witness, a person of interest, or just someone caught in the middle of an investigation, we can help.

Call our Raleigh office today for a confidential consultation. Let us deal with law enforcement, so you don’t have to face it alone.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. If you have been contacted by police or believe you’re under investigation, consult an attorney immediately.

Author Bio

Ryan Brown

J. RUSSELL W. DeMENT III
RALEIGH CRIMINAL DEFENSE LAWYER

Russell W. “Rusty” DeMent III is a trial lawyer and managing partner at DeMent Askew Johnson & Marshall. A former Wake County Assistant District Attorney, he brings decades of courtroom experience to defending serious criminal charges in both state and federal courts, including DWI, violent crimes, and drug offenses.

Regularly recognized in Best Lawyers in America, Super Lawyers, and Business North Carolina’s Legal Elite, Rusty is a Fellow of the National College for DUI Defense and the Litigation Counsel of America. His legal insight and calm command in high-stakes cases make him a trusted advocate across North Carolina.

Google | Facebook | LinkedIn

Reviews

My case was a particularly a hard one. Rusty and his team fought hard to receive the best judgment possible. They never told me anything I wanted to hear, actually quite the opposite. They let me know exactly what they could do for me and tried their hardest. I would recommend this law office to anyone who is looking for great counsel.

Curt H.

I HIGHLY recommend DeMent Askew to anyone seeking legal aid. Mr. DeMent helped me through a couple situations and from the first time I met with him until it was over he gave me his utmost attention and always made sure he listened. This is not a chain law firm that is just out to get your money, they really do care about the the

Kimball T.

Mr. Johnson and everyone at DeMent Askew went above and beyond in their handling of our case. They genuinely cared for the well-being of my husband and my family. I have used them for other legal matters as well, and would definitely recommend them to anyone with any type of personal injury case, no matter how serious.

Holly P.

I want to thank Mr. DeMent for helping me out with my DWI case. I was truly not very optimistic in my chances with my case, but on the day of my trial Mr. DeMent vigorously argued in my favor that the officer did not have probable cause for my arrest. I truly appreciate his efforts in saving me from a DWI conviction and

Eric J.

My case was a particularly a hard one. Rusty and his team fought hard to receive the best judgment possible. They never told me anything I wanted to hear, actually quite the opposite. They let me know exactly what they could do for me and tried their hardest. I would recommend this law office to anyone who is looking for great counsel.

Curt H.

I HIGHLY recommend DeMent Askew to anyone seeking legal aid. Mr. DeMent helped me through a couple situations and from the first time I met with him until it was over he gave me his utmost attention and always made sure he listened. This is not a chain law firm that is just out to get your money, they really do care about the the

Kimball T.

Mr. Johnson and everyone at DeMent Askew went above and beyond in their handling of our case. They genuinely cared for the well-being of my husband and my family. I have used them for other legal matters as well, and would definitely recommend them to anyone with any type of personal injury case, no matter how serious.

Holly P.

I want to thank Mr. DeMent for helping me out with my DWI case. I was truly not very optimistic in my chances with my case, but on the day of my trial Mr. DeMent vigorously argued in my favor that the officer did not have probable cause for my arrest. I truly appreciate his efforts in saving me from a DWI conviction and

Eric J.

Areas Served

IN RALEIGH:
333 Fayetteville Street,
Suite 1513
Raleigh, NC 27601 Get Direction
(919) 833-5555
IN MOREHEAD CITY:
810 Arendell Street
Morehead City,
NC 28557 Get Direction
(252) 251-5555
5.0
rating
Based on 250+ Reviews