“What Should I NOT Say to Police Without a Lawyer?” – A Toronto Criminal Defence Lawyer’s Warning

“I didn’t do anything wrong. I’ll just explain what happened.”

I hear this from potential clients almost every day. They are convinced that honesty is the best policy. They believe that if they just tell the truth, the police will understand, and everything will be fine.

Then they call me from the police station – after they have already given a statement.

And I have to tell them: You just made your case ten times harder.

Here is the hard truth that most people do not learn until it is too late: The police are not trying to help you. They are trying to convict you. They are legally allowed to lie to you. They are trained to extract confessions. And anything you say – absolutely anything – can and will be used against you.

Let me tell you exactly what not to say. Your freedom may depend on it.

Table of Contents

• The Only Safe Thing to Say to Police

• Five Phrases That Destroy Your Defence

• The “I’m Sorry” Trap

• The “Self-Defence” Mistake

• The “I Was Drunk” Confession

• The “Can We Forget About This?” Plea

• The “I Know My Rights” Challenge

• What To Do Instead

• Frequently Asked Questions

• Why Costa Law Firm Teaches Silent Defence

The Only Safe Thing to Say to Police

Before I tell you what not to say, let me give you the script. Memorize it.

You say: “I am not answering any questions. I am going to remain silent. I want to speak to my lawyer.”

Then you stop talking. You do not add “but.” You do not explain why you are silent. You do not say “I’m not answering questions, but honestly I didn’t do anything.”

Silence is not an admission of guilt in Canada. But the moment you say “but,” you have opened the door.

Five Phrases That Destroy Your Defence

These are the most common things people say to police. Every single one of them has ruined a defence.

1. “I’m sorry. I didn’t mean to.”

Why it destroys you: An apology is an admission of fault. The Crown will play a recording of you saying “I’m sorry” to the jury. Your lawyer will have to explain why you apologized when you were supposedly innocent.

2. “It was self-defence.”

Why it destroys you: You just told the police your defence before you have seen any evidence. Now the officer knows exactly what you will say at trial. They will go back and find witnesses to contradict you. And you have admitted you threw a punch.

3. “I was drunk. I don’t remember.”

Why it destroys you: You just provided evidence of intoxication. For some charges (assault, mischief), intoxication is not a defence – but admitting you were drunk makes you look reckless and unreliable.

4. “Can we just forget this happened?”

Why it destroys you: This sounds like a guilty person asking for leniency. The officer will write it down. The Crown will use it to show consciousness of guilt.

5. “I know my rights. You can’t do this.”

Why it destroys you: You are not a lawyer. Yelling about the Charter does not protect you – it often leads to additional charges like Obstructing a Peace Officer or Causing a Disturbance. A lawyer enforces your rights silently and respectfully.

The “I’m Sorry” Trap

I represented a client charged with assault after a bar fight. He was convinced he was innocent. He told me: “I only pushed the guy to get him away from my friend.”

Then I reviewed the police body-worn camera footage.

My client, upon being arrested, said: “I’m sorry, officer. I didn’t mean to hurt him. I just reacted.”

That single sentence destroyed his self-defence claim. You cannot claim self-defence while apologizing for hurting someone. He ended up pleading guilty to a lesser charge.

If he had said nothing, I could have fought the case. The apology tied my hands.

The “Self-Defence” Mistake

Another client was charged with assault after defending his girlfriend from an aggressive stranger. He immediately told police: “He came at her. I pushed him away. It was self-defence.”

The officer wrote it down. Then the officer found a witness who said my client threw the first punch. The witness was lying. But because my client had already admitted to pushing the complainant, the Crown had enough to proceed.

What should he have said? Nothing. Then I could have investigated, found the real witnesses (who saw the other guy start it), and built a proper self-defence case.

By talking, he gave the Crown evidence they did not have.

The “I Was Drunk” Confession

In DUI / over 80 cases, the worst thing you can do is admit to drinking.

Police will ask: “When was your last drink?” “How many did you have?” “Are you okay to drive?”

If you answer, you are building the Crown’s case for them.

Even if you say “I had two beers three hours ago” – the officer will note that you seemed impaired anyway. Your own words will be used against you.

The only safe answer: “I am not answering any questions. I want to speak to my lawyer.”

The “Can We Forget About This?” Plea

This one breaks my heart. A young client, charged with theft from a store. He panicked. He told the security guard and the police: “I’ll pay for it. Please just let me go. I’ve never done this before.”

The police charged him anyway.

Why? Because his words were evidence of guilt. An innocent person does not beg to be let go. An innocent person says nothing and waits for a lawyer.

The “I Know My Rights” Challenge

I see this on social media constantly. People think that yelling “I know my rights! I’m not consenting!” will protect them.

It does not.

Being rude to police does not invalidate a search. It does not stop an arrest. It does not create a Charter breach.

What it does do: It makes the officer write in their notes that you were “combative” and “uncooperative.” That note will be read to a judge at your bail hearing. It will influence your sentence.

A lawyer asserts your rights professionally. You stay quiet. Let us do the fighting.

What To Do Instead

Here is your new script for every interaction with police:

Step 1: Politely say: “I am not answering any questions. I want to speak to my lawyer.”

Step 2: Stop talking. Do not answer “Where are you going?” Do not answer “What’s your name?” (except to identify yourself if required by law). Do not answer “Do you know why I stopped you?”

Step 3: If you are arrested, ask to call a lawyer immediately. You have the right to a phone call.

Step 4: Call Costa Law Firm. We will tell you exactly what to do next.

Frequently Asked Questions

1. Can I remain silent if I am not under arrest?

Yes. In Canada, you never have to answer police questions unless you are driving (you must provide license and insurance) or there is a specific law requiring identification. For everything else, silence is your right.

2. Will remaining silent make me look guilty?

No. The Supreme Court of Canada has ruled that silence cannot be used as evidence of guilt. A jury is specifically instructed that they cannot assume guilt from silence.

3. What if I already talked to police?

Call a lawyer immediately. We cannot erase what you said, but we can sometimes limit the damage – for example, by arguing that your statement was not voluntary.

4. Can police lie to me?

Yes. Police are legally allowed to lie during interrogations. They can tell you “your friend already confessed” (even if they did not). They can say “we have video” (even if they do not). This is legal in Canada.

5. Should I take a polygraph (lie detector) test?

Absolutely not. Polygraph results are not admissible in Canadian courts, but police use them to pressure people into confessing. Do not take one. Call a lawyer first.

6. What if I am innocent?

Then you have the most to lose by talking. Innocent people say things that sound guilty. Innocent people get nervous and contradict themselves. Innocent people are still convicted when their words are twisted. Silence protects the innocent most of all.

7. Can my silence be used against me in court?

No. The Crown cannot comment on your silence at trial. The judge instructs the jury that they cannot draw an adverse inference from your decision to remain silent.

8. What should I do if police show up at my door?

You do not have to let them in without a warrant. You can speak to them through the door or a window. Say: “I do not consent to any search. I am not answering questions. Please leave a card and my lawyer will contact you.”

9. Should I ever speak to police without a lawyer?

Rarely. There are very specific situations where a lawyer might advise you to speak (for example, to provide an alibi with documentary proof). But you make that decision with your lawyer, not alone.

10. What if the officer is being nice and friendly?

That is a tactic. Friendly officers are often the most effective at getting confessions. They want you to let your guard down. Stay polite, but stay silent.

Why Choose Costa Law Firm for Your Defence

You need a lawyer who:

• Knows the interrogation tactics police use in Toronto

• Has experience challenging statements as involuntary

• Will be available when you call from the police station

We answer our own phones. When you are sitting in a holding cell at 52 Division or 14 Division, you need a lawyer who answers. We do.

We teach silence. Before you ever speak to police, we coach you on exactly what to say – and what not to say.

We fight statements. If you already spoke, we review the recording for coercion, Charter breaches, and involuntariness.

Your Words Are Weapons – Against You

The police are not your friends. The Crown is not looking for the truth. They are looking for a conviction.

Do not hand them your defence on a silver platter.

Memorize the script: “I am not answering any questions. I am going to remain silent. I want to speak to my lawyer.”

Then call Costa Law Firm Your Criminal Defence Lawyer.

Contact us today for a confidential consultation. We will tell you exactly how to protect yourself – before you say a word.

Silence is strength. Your lawyer is your shield.