What should you say to police if you’re accused of domestic violence? Does it matter if you’re innocent? Here’s what you need to know about when it’s okay to talk to police, whether you should explain your situation, or whether you should use your constitutional right to remain silent.
What Should You Say to Police if You’re Accused of Domestic Violence?
If someone has accused you of domestic violence, you should absolutely use your constitutional right to remain silent until you’ve talked to a domestic battery defense attorney about your situation.
What if You’re Innocent?
Many people believe that if they’re innocent, it’s a good idea to tell the police and sort out the situation. However, that’s not usually the best idea. Remember that anything you say to the police can and will be used against you in court – and if you accidentally say the wrong thing, the prosecutor assigned to your case could use it to claim that you’re guilty.
You do not have to “clear your name” with the police. You don’t have to show them that you’re innocent. You don’t have to straighten out the situation.
The police are not judges, and they’re not responsible for criminal sentencing, either. What they think – even whether they believe you’re innocent or guilty – isn’t nearly as important as preserving your legal rights is.
You still have to be respectful and careful; you shouldn’t be rude or combative. But you do not have to explain your side of the story to the police – even if you’re innocent.
When Do You Have to Talk to Police About a Domestic Battery Incident?
The U.S. Constitution guarantees your right to remain silent. That means you never have to speak to the police at all. If you do want to talk to the police, you should only do so after talking to your attorney. Your attorney can help ensure that you don’t say anything that could jeopardize your case (or your future freedom).
Do You Need to Talk to a Lawyer Because You’ve Been Accused of Domestic Battery?
You should always talk to a lawyer before you talk to the police. If you’ve been accused of domestic battery, we may be able to help you. Call us right now at 847-920-4540 or fill out the form below to get a free consultation with a domestic battery defense attorney now.