Illinois Lawyer Referrals and Legal Guidance
The Right to Remain Silent
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The right to remain silent is part of the Miranda warnings that must be given to a person in police custody being questioned about a crime that has taken place. The purpose is to protect a suspect from incriminating himself in a crime.
If you find yourself being questioned about a crime, it is not only your right but a good idea to remain silent because, of course, anything you say can and will be used against you.
Even if you are told that what is taking place is routine or that you’ll be treated better or easier if you cooperate, you should still remain silent. Don’t let the "good cop" convince you to talk. If you are being questioned, you have the right to remain silent and should exercise it, no matter how casual or informal it may seem or the police may make it seem.
The right to remain silent extends to written statements as well. Your silence doesn’t just mean the spoken word but also what you read and agree to with your signature. Any signed statements or confessions can and will be used against you.
Even if you’ve done nothing wrong, you should still remain silent. Your words may seem innocent or harmless to you but once you have said them - or signed a statement with them - they have the potential of being twisted and later used against you.
If you have started talking, you can still stop. It is best to remain silent from the beginning, but if you have started talking and suddenly remember your right to remain silent, exercise it. Exercising this right does not require any specific language. Simply remain silent or state that you are exercising your right to do so. The police must stop questioning. Of course, anything you said before exercising this right can and will be held against you. So, again, we stress that it is always best to exercise your right to remain silent from the beginning of your time in police custody.
When you are out of police custody, you should continue to remain silent. Don't talk to family members, friends or co-workers. It doesn’t matter how trustworthy these individuals are. If they know something, then they are involved and can all be called as witnesses against you.
What you should do is remain calm, politely decline to talk and ask to have your attorney present since you also have the right to counsel. All of this advice is true no matter what you are told otherwise. There isn't a criminal defense lawyer in the world that would suggest it's a good idea to talk without a lawyer present; even if you are innocent or even if they seem to be offering you a good deal.
We know that this can be hard to understand and we also know that many people don’t look for a lawyer until they have talked. The bottom line is that no matter what you’ve said in the past, stop talking now unless your attorney is with you. You don’t have to prove you are innocent, they have to prove you are guilty. Don’t help them prove this.
If you have any questions about this advice or would like a referral to an Illinois criminal defense attorney, please do not hesitate to contact us at any time.