When you are questioned by police or other investigators about a domestic battery incident, you have the right to remain silent. This right is provided to you under the Fifth Amendment of the United States Constitution, which states that no one can be compelled to testify against themselves in any criminal case.
What is Your Right to Remain Silent, and What Does it Look Like in Practice?
Remaining silent when questioned may be an effective way to protect yourself, since it prevents you from making incriminating statements that could be used against you in court. Remaining silent also allows you to avoid unintentionally providing information that may weaken your defense. However, there are some important caveats to consider before exercising your right to remain silent when questioned about domestic battery.
First, if the officers have probable cause to believe that you have committed a crime, they can arrest you whether or not you answer their questions. Furthermore, prosecutors and judges may interpret your refusal to answer questions as an admission of guilt in court. As such, it is important to consult with an experienced criminal defense attorney if you are questioned by police for domestic battery.
Should You Explain That You’re Innocent?
You should never explain that you’re innocent. Anything you say can – and will – be held against you in court, and you need to remember that the police really want to get you to say something that incriminates you.
Staying Respectful Despite Not Saying Anything
Although you should not answer any questions posed by police or investigators about the incident, it is important to maintain a respectful and cooperative attitude. You should simply let the police know that you want to speak to an attorney before you speak to them.
Do You Need to Talk to an Attorney About Domestic Battery Defense?
If you need to talk to a domestic battery defense attorney in Illinois, we’re here to help. Call us at 847-920-4540 now – we’ll be happy to give you a free consultation and talk to you about your options.