You’ve seen it on TV a dozen times – the police come to arrest someone, recite the Miranda warning, and cart the person off to jail. But what if police don’t read you your rights after a domestic violence arrest – can they still charge you with a crime? Can you still be convicted of domestic battery?
Here’s what you need to know.
What if Police Don’t Read You Your Rights After a Domestic Violence Arrest?
Police don’t have to read you your rights when you’re just standing around discussing the incident. That means a police officer can take your statement at the scene of the alleged crime, write down everything you said, and include it in a report.
But if the police arrest you, they must tell you about your rights. They must let you know that:
- You have the right to remain silent.
- Anything you say can be used against you in court.
- You have the right to talk to a lawyer for advice before we ask you any questions.
- You have the right to have a lawyer with you during questioning.
- If you cannot afford a lawyer, one may be appointed for you before any questioning.
- If you decide to answer questions now without a lawyer present, you have the right to stop answering at any time.
If you say things after your arrest but without being apprised of your rights, the prosecution will most likely be unable to use your statements in court.
The best thing you can do is stay silent – and that applies to any arrest, not just one for domestic battery. Do not talk to the police, even if you’re innocent, until you’ve talked to an attorney. Your lawyer will most likely tell you to stay quiet until he arrives and can be present with you during questioning.
You never have to talk to police about an incident when you’re under arrest. It is your right to remain silent – and you should use it. There are plenty of innocent people in jail right now who learned that too late.
Do You Need to Talk to an Attorney About a Domestic Battery Arrest and Your Miranda Rights?
If you’ve been arrested for domestic battery in Illinois, we may be able to help you. Call us right now at 847-920-4540 or fill out the form below so we can get back to you.