Should You Tell the Police You're Innocent When They Question You About a Domestic Battery Incident

If you’re like many people, an encounter with the police – especially one in which the police think you committed a crime – is scary. You’re not sure whether you should talk to them, explain the situation, or keep quiet and hope for the best. In the vast majority of cases, the best thing you can do is use your right to remain silent.

Here’s what you need to know about how to handle police questioning about a domestic battery incident when you’re innocent.

Should You Tell the Police You’re Innocent When They Question You About a Domestic Battery Incident?

The U.S. Constitution guarantees you the right to remain silent when you’re dealing with the police. You should absolutely exercise that right – even if you’re innocent.

That’s because no matter what you say, the police will write down your statements in a police report. Later, if your case goes to court, the prosecutor will use your statements to help prove that you’re guilty. That can happen even if you’re innocent – and even if you only talked to the police so they’d understand that you were innocent.

Related: How serious is a domestic battery charge?

If you’re arrested, your best bet is to tell the police, “I’d rather not say anything until I’ve spoken to my lawyer.” You can also say, “I refuse to speak with you” or “I claim my Miranda rights.” (Just do so politely and respectfully – you don’t want the police to think you’re being combative with them.)

The police must stop questioning you after you tell them that you want to stop the interview.

It’s okay if you think that’ll make you look guilty – you don’t have to prove your innocence to the police. The prosecutor – again, if your case goes to court – will be the one who has to prove that you’re guilty. The things you say when you speak to police about your case can (and probably will) be used against you… even if you’re only trying to straighten things out and proclaim your innocence.

Related: Can you ever get a domestic battery charge off your record?

Do You Need to Talk to a Lawyer About Being Innocent in a Domestic Battery Case?

If you’ve been falsely accused of domestic battery, we may be able to help you. Call us at 847-920-4540 or fill out the form below for a free consultation.

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