If you’re involved in a domestic dispute and the police come to your location, should you talk to them about what happened? When is it okay to talk to the police about domestic battery, and what should you say?
Here’s what you need to know.
Should You Talk to Police on the Scene About a Domestic Battery Incident?
You do not have to talk to the police when they’re investigating an alleged domestic battery incident. In fact, you shouldn’t talk to the police until you’ve talked to an attorney and gotten the legal advice you need.
Police have a job to do – and that’s to catch the “bad guy.” If they believe you’re the “bad guy,” they’re going to try to ask you questions that get you to admit that you’re guilty. Even if they don’t believe you’re guilty, the things you say to police on the scene could come back to haunt you later.
What if the Police Don’t Read You Your Rights?
The police don’t have to tell you about your Miranda rights unless you’re under arrest – but you still have those rights, no matter what. The police can stand on your front porch and talk to you (provided that you haven’t been arrested) about the alleged incident without ever “reading you your rights,” and the things you say will go into a police report. That police report will come up if you end up going to court over your case.
Just remember: You have the right to remain silent, whether or not you’re under arrest. You should always exercise that right – and you should talk to an attorney before you talk to police.
Won’t Calling a Lawyer Make You Look Guilty of Domestic Battery?
Calling an attorney is the smart choice. There are plenty of innocent people behind bars who wish that they’d called a lawyer before talking to the police!
It doesn’t matter whether the police think that calling an attorney makes you look guilty. What matters is that you get the legal counsel you need to protect yourself in the future.
Do You Need to Talk to a Lawyer About a Domestic Battery Case?
If you’ve been accused of domestic battery – or if the police are at your house right now and you need to talk to an attorney, call us immediately at 847-920-4540. If it’s after-hours, that’s okay – we will talk to you about your situation and help you figure out what to do next.