Will Remaining Silent Make Me Look Guilty?

What Every Defendant in Chicago Should Know

Silence Isn’t Guilt—But Prosecutors Hope You Don’t Know That

The moment you’re arrested in Chicago, whether for DUI, drug possession, theft, or something more serious, the pressure begins. Police ask questions. Detectives want your “side of the story.” Prosecutors may claim they’re just trying to “clear a few things up.” But what if you say nothing? Will your silence be taken as a sign that you’re hiding something?

As a seasoned Chicago criminal defense attorney, I’ve heard that question hundreds of times. Many of my clients—especially those without prior criminal records—believe they have to defend themselves immediately or risk “looking guilty.” But silence is not a confession. In fact, in many cases, silence is the best defense you have—so long as it’s used correctly and backed by the legal protection of your attorney.

Illinois law is clear: you have the right to remain silent, and exercising that right cannot be held against you. That said, silence must be handled strategically. There are times when saying nothing can protect you, and times when silence may need to be supported by legal action to prevent it from being twisted in court.

Let’s break down what this means for anyone facing criminal charges in Cook County, DuPage County, Will County, or Lake County.

How Illinois Law Protects Your Right to Stay Silent

When you’re arrested or even just questioned in Illinois, you are protected by both state and federal law. The Fifth Amendment to the U.S. Constitution and Article I, Section 10 of the Illinois Constitution give you the right not to incriminate yourself.

Illinois law also follows the Miranda v. Arizona decision. Once you’re in custody, officers are required to inform you that:

• You have the right to remain silent.
• Anything you say can and will be used against you in court.
• You have the right to a lawyer.
• If you cannot afford one, the court will appoint one.

This is what’s commonly known as Miranda rights. If police fail to read them and begin questioning you while you’re in custody, any statement you make can be suppressed—which means your Chicago criminal defense lawyer can file a motion to have that statement thrown out of court.

But these rights only protect you if you know when to use them. Too often, people answer “just a few questions,” thinking it’ll help them avoid charges. What they don’t realize is that even an innocent-sounding answer can give prosecutors leverage—or lead to inconsistent testimony later at trial.

Silence is your constitutional shield. It becomes even stronger when you invoke it properly: “I’m exercising my right to remain silent, and I want a lawyer.” After that, you say nothing more. No explanations. No excuses. No small talk.

Fictional Case Example: Silence Makes the Case Fall Apart

Let’s consider a fictional but realistic situation. A man is pulled over in the Humboldt Park neighborhood on suspicion of DUI. Officers say they smelled alcohol and asked him to step out of the car. He complied but didn’t say anything. They arrested him and tried to question him back at the station. He continued to remain silent and asked for a lawyer.

When he hired me, we obtained the bodycam and squad video. The footage showed no slurred speech, no bad driving pattern, and no signs of impairment beyond the officer’s opinion. There was no field sobriety test. He had refused the breath test—which is legal under Illinois implied consent law, though it triggers a license suspension.

The prosecution had very little to go on. Because my client never gave a statement, they had no confession, no explanation, and no inconsistency to exploit. We filed a motion to suppress the arrest based on lack of probable cause. With no strong evidence and no damaging statements, the judge dismissed the case.

That outcome would’ve been much harder to achieve if he had tried to “explain himself” to the police or made casual admissions under pressure.

How Silence Is Treated During Trial in Illinois Criminal Courts

If your case goes to trial, your right to remain silent doesn’t go away. In fact, it becomes even more critical.

In Illinois, judges are required to instruct juries that defendants are not required to testify, and that no negative inference can be drawn from a defendant’s silence. This rule applies in every criminal case—from Class C misdemeanors to Class X felonies.

Still, prosecutors may try to test those boundaries. They may reference “lack of explanation” during closing arguments or attempt to frame your silence in pretrial questioning as “uncooperative.” If that happens, your criminal defense lawyer in Chicago must immediately object and ask the judge to instruct the jury to disregard those comments.

One of the most important decisions we make during trial preparation is whether a client should testify. There are pros and cons, and they depend entirely on the facts, your record, and the prosecutor’s strategy. If you do not testify, the jury must focus on the state’s case—not on you. And if your criminal defense attorney has done their job, the state’s case will have major holes by the time we rest.

What Prosecutors Look for When You Do Speak

When you talk to police or testify, you open the door to cross-examination, contradiction, and mistakes. Here’s what prosecutors hope for when a defendant starts talking:

• Inconsistent statements between the arrest and trial
• Admittance of part of the crime (even unintentionally)
• Attempts to “explain” behavior that sound like excuses
• Statements that don’t align with the physical evidence
• Nervousness or uncertainty that can be misrepresented as guilt

By staying silent and letting your attorney do the talking—at bond hearings, pretrial conferences, and at trial—you deprive the state of that ammunition.

That doesn’t mean we say nothing as a defense team. It means we say only what is strategic, protected, and useful. We file motions, cross-examine officers, challenge evidence, and shift the focus off of you and onto the weaknesses in the state’s case.

Potential Legal Defenses That Don’t Rely on Your Testimony

You don’t need to testify to win. In many criminal cases in Illinois, the best defense is built on the prosecution’s failures.

Here are examples of defenses that your Chicago criminal attorney can raise without you ever taking the stand:

• Illegal stop or search: If officers lacked reasonable suspicion or probable cause, any evidence they collected may be inadmissible.
• Mistaken identity: Surveillance footage, eyewitnesses, or DNA may point to someone else entirely.
• Lack of intent: Some crimes require proof of intent. If the prosecution can’t prove it beyond a reasonable doubt, that may be a winning angle.
• Chain of custody violations: If evidence like drugs or weapons was not properly handled, it may be thrown out.
• Unreliable witnesses: Many cases rely on testimony from biased or inconsistent witnesses. Exposing those flaws is key.

All of these defenses work better when the defendant stays silent and lets the defense strategy unfold without contradiction.

FAQs – Criminal Defense and Your Right to Remain Silent

Can police detain me if I refuse to answer their questions in Chicago?
Police can detain you temporarily if they have reasonable suspicion of a crime, but they cannot force you to speak. You must provide your name if asked during a lawful stop, but you don’t have to answer any further questions. Always ask if you’re free to leave. If you’re not, ask for a lawyer.

Should I talk to the prosecutor before hiring a lawyer?
No. Never talk to the prosecutor without a criminal defense lawyer. Anything you say can be used against you. Prosecutors are not there to help you. They are building a case and hoping you’ll say something useful to them.

Can a judge force me to testify in my own defense?
No. Under both Illinois and federal law, you have the absolute right not to testify. No judge can compel you to take the stand. Whether you testify is your decision, made in consultation with your attorney.

Will my silence look suspicious to a jury?
Legally, no. Jurors are instructed that they cannot consider your silence as evidence of guilt. Practically, some jurors may still wonder why you didn’t testify—but a good lawyer will make sure your silence is never used against you.

Can I still be convicted even if I remain silent the whole time?
Yes. If the prosecution presents enough admissible evidence to meet the burden of proof beyond a reasonable doubt, they can secure a conviction even if you don’t say a word. That’s why silence must be paired with a solid legal defense and an attorney who knows how to dismantle the state’s case.

Why The Law Offices of David L. Freidberg Is the Right Choice

At The Law Offices of David L. Freidberg, we defend silence with action. We don’t let prosecutors twist your words—or your lack of them. Our team has spent decades representing clients in Chicago, Cook County, DuPage County, Will County, and Lake County, and we understand how judges and juries treat silence in real courtrooms—not just theory.

Your right to remain silent is only powerful if someone is protecting it. That’s our job. Whether you’re facing DUI charges, drug possession, theft, or any other offense, we’ll fight to protect your record, your freedom, and your future.

Call Now for a Free Consultation With a Chicago DUI Lawyer

If you’re facing a DUI charge in Chicago, don’t wait. Call The Law Offices of David L. Freidberg today for a free, no-pressure consultation.

We’re available 24 hours a day, 7 days a week. Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. 

We’ll answer your questions. We’ll explain your rights. And we’ll start building your defense.