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Illinois Criminal Defense and the Right to Remain Silent

Written by: Michael J. Helfand

Reputation Level 16

Criminal Defense Criminal Rights

Posted over 2 years ago. Applies to Illinois, 1 helpful vote, 0 comments

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Your rights

Even if you've done nothing wrong, it's in your best interest to remain silent. It's true that anything you say can be used against you. Don't be tempted to give explanations or convince the arresting officer that you are innocent. Your right to remain silent includes the right to refuse to answer questions or give a statement -- either written or oral. You can simply keep silent, or tell the officer that you are exercising your right to remain silent. You also have the right to counsel, and you can tell the officer that you want to talk to your attorney.

Don't get talked into talking

If you're told that you will be better off if you talk, or that your punishment will be less if you give up some information, don't do it. Even if you're told it's just "routine" and that you're not being officially questioned, stay silent. Even if it seems harmless and casual, exercise your right. Your words can be twisted to mean something different. Even if you start talking and then realize you shouldn't be talking, stop as soon as you remember to do so.

Remain silent even when you're out of custody

Don't talk to family members and friends about what happened or what you're accused of. You may be eager to get something off your chest, or explain things to someone close to you, but it can backfire. These statements can be used against you later on.

What to do if you already talked

It's never too late to talk to an attorney. If you said something that is being used against you, don't get discouraged and don't give up. You are innocent until proven guilty. Find an experienced criminal defense attorney. Make sure they are familiar with the courthouse your case is assigned to, and that they have handled your type of case before.

Additional Resources

If you need help finding a criminal defense attorney in Illinois, whether your case is in DuPage, Cook, McHenry, Lake or any other county, give us a call. Our job is to recommend the best attorney we know to defend you. 1-800-517-1614.

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The right to remain silent