You never expected that call. You’re a company director, a professional, or a high-profile individual under investigation for a serious offence – maybe a white-collar crime, fraud, or something more personal.
The police want to speak with you. They say it’s just a “chat.” You’re told it’ll look bad if you don’t cooperate. Your heart is pounding. What do you do?
Let’s be clear: if the police are investigating you, the stakes are high – and so are the risks.
This blog breaks down exactly what you need to know before speaking to police in Queensland and why staying silent – strategically – is often your smartest move.
What Does It Mean to Be Asked for a Police Interview?
If the police ask you to come in for an interview, it means you are either a suspect or a witness. In serious matters – especially involving corporate offences, sexual offences, drug possession or supply, or violence – the consequences of what you say can be life-changing.
It may sound casual, but police interviews are formal, legally significant procedures. Everything you say is recorded. Those words can and will be used against you in court.
A police officer might suggest it’s “just a chat,” but don’t be fooled. It’s not a casual conversation. It’s an evidence-gathering exercise.
Do You Have to Speak to Police?
No, you don’t.
In Queensland, you have the right to silence. This means you are under no obligation to answer police questions – except in very limited situations (like stating your name and address).
It’s a fundamental legal protection, and exercising it cannot legally be used against you later in court. Police may suggest that cooperating looks better. That not talking implies guilt. But that’s not true.
Your silence is your shield.
Why Remaining Silent is a Power Move – Not a Red Flag
One of the most common fears our clients express is: “Won’t it look bad if I don’t cooperate?”
The truth? Saying nothing is one of the most powerful things you can do.
Police are trained to ask questions that elicit information – even from people who believe they are just helping or defending themselves. Anything you say could be taken out of context, misunderstood, or later contradicted by other evidence.
Exercising your right to silence doesn’t make you look guilty. It makes you smart.
What If I’m Innocent?
This is perhaps the most dangerous assumption: “If I’ve done nothing wrong, I have nothing to hide.”
Unfortunately, it’s not that simple. Innocent people can – and do- say things that hurt their case. You might misremember something. You might unknowingly contradict evidence. That’s all it takes.
The police interview is not a place to “clear your name.” It’s a trap for the unprepared.
When Should You Talk to Police?
Only after you have received legal advice specific to your situation.
There are some cases where giving your side of the story is helpful – but only if done strategically, with a solicitor guiding you every step of the way. A lawyer can help determine whether it’s in your best interests to provide a statement, and if so, how to do so in a way that protects you.
Let your lawyer advise you on whether to participate and how to navigate the process if you do.
The Risks of Talking to Police Without Legal Advice
Too often, clients contact us after they’ve given an interview, only to realise they’ve said something that weakens their defence.
Here’s what’s at stake:
- You may accidentally admit to an offence you didn’t commit.
- You could provide a detail that becomes a key piece of evidence.
- Your words could be used to challenge your credibility in court.
All of this can happen even if you’re entirely innocent.
Key Takeaways
- Except for giving basic information like your name and address, you have the right to remain silent. Use it.
- Never agree to a police interview without first speaking to a lawyer.
- Refusing to speak does not imply guilt – it’s a smart legal move.
- Police interviews are high-risk, especially in serious or complex cases.
- Innocent people can accidentally incriminate themselves.
- Always get advice before deciding whether to speak.
Next Steps
If you’ve been approached by police for an interview, time is critical.
Call (07) 3034 0000 to speak with one of our criminal solicitors now. Or, if you’re not quite ready to speak directly, get a free online case appraisal here.
You don’t have to face this alone. Let us protect your rights and your reputation.
FAQs
- What should I do if police want to interview me and I haven’t done anything wrong? Even if you believe you’ve done nothing wrong, do not participate in a police interview without first getting legal advice. Innocent people often make mistakes under pressure.
- Can police use my refusal to talk to them as evidence that I’m guilty? No. In Queensland, exercising your right to silence cannot legally be used against you in court as evidence of guilt. It’s a protected right.
- Should I give a statement to police to “clear my name” if I know I’m innocent? Only after consulting a lawyer. Giving a statement without legal guidance can create inconsistencies that could be used to undermine your defence.
- If I have been talking to the police already, can I stop the interview? Yes. You can stop the interview at any time – even mid-question – by clearly stating that you do not wish to answer further questions and want to speak with a lawyer.
- Will hiring a lawyer make me look guilty if police ask to speak with me? Absolutely not. Engaging a lawyer signals that you are informed, serious, and know your rights. It does not imply guilt and cannot be used against you.
Written By the Robertson O’Gorman Team
Robertson O’Gorman Solicitors is Brisbane’s preeminent criminal defence firm, with a legacy of over 40 years of legal excellence. Their team includes accredited criminal law specialists and former prosecutors who consistently appear across Magistrates, District, Supreme and appellate courts. As a First Tier firm recognised in Doyle’s Guide 2025, they deliver strategic, early stage legal advice – often before charges are laid – to preserve rights and achieve optimal outcomes for clients. Known for fearless yet compassionate advocacy, the firm combines deep courtroom experience with a commitment to social justice, integrity and tailored client care
Disclaimer: This article is general information only and cannot be regarded as legal advice as it does not take into account your personal circumstances. For tailored advice, please call us on (07) 3034 0000.