Can Remaining Silent Make Me Look Guilty in Court?

Remaining Silent in a Criminal Case: What Chicago Defendants Need to Understand

In Chicago courtrooms, from the Leighton Criminal Courthouse at 26th and California to the branch courts in Skokie, Rolling Meadows, and Bridgeview, silence can feel like a double-edged sword. For many people arrested and charged with a crime—whether it’s a DUI, a theft allegation, or a felony drug case—one of the first questions they ask is: “Will staying silent make me look guilty?”

As a longtime Chicago criminal defense lawyer, I can tell you that silence is not guilt. Under the Fifth Amendment of the United States Constitution and the Illinois Constitution, you have the absolute right to remain silent when questioned by police and during your trial. Exercising that right cannot legally be used against you—but that doesn’t stop law enforcement and prosecutors from trying to shape a narrative around it.

In Illinois, criminal charges fall into two categories: misdemeanors and felonies. Misdemeanors carry up to 364 days in jail, while felonies can lead to years in prison, loss of civil rights, and long-term damage to your future. Whether you’re being accused of a Class A misdemeanor retail theft or a Class X felony for armed robbery or aggravated DUI, your silence—when exercised properly—should protect you, not harm you.

Unfortunately, many people panic when confronted by police or prosecutors. They try to talk their way out of trouble, only to find that their statements are twisted, misunderstood, or used as the backbone of the state’s case. Others remain silent but don’t understand how that choice fits into the broader legal strategy or what the jury might infer.

That’s why working with a defense attorney from the beginning is critical. I guide my clients through when to speak, when to stay silent, and how to handle every interaction with police, judges, and prosecutors. Staying silent doesn’t make you look guilty—handling your case alone does.

How Illinois Law Protects Your Right to Silence—And What Judges Can and Can’t Say

Illinois law fully supports your right to remain silent. You are not required to speak to the police, prosecutors, or anyone else after your arrest. This right is rooted in both state law and the U.S. Constitution, and it’s something I remind every one of my clients the moment they walk through my office door.

When you are arrested in Illinois, police are supposed to read you your Miranda rights. These include:

• You have the right to remain silent.
• Anything you say can and will be used against you in a court of law.
• You have the right to an attorney.

If law enforcement fails to read you your Miranda rights before interrogating you in custody, any statement you make may be suppressed. That means it can’t be used in court.

But there’s a catch: prosecutors sometimes try to argue that your silence, at certain points, indicates guilt. They may suggest that you had an opportunity to explain yourself and didn’t. Courts in Illinois have pushed back against this, but the line between proper and improper use of silence is narrow.

Under Illinois Rule of Evidence 512, the exercise of constitutional rights—like silence—generally cannot be used against you. But if you voluntarily start talking and then stop, prosecutors may try to introduce that silence as suspicious. A skilled criminal defense attorney in Chicago knows when to object, when to move to suppress, and how to ensure your silence is never misrepresented in front of a jury.

Judges in Cook County are bound by law to instruct jurors that defendants are presumed innocent and have no obligation to testify or offer evidence. Jurors are also told they cannot consider a defendant’s silence as evidence of guilt. But not all jurors follow instructions the way they should.

The bottom line is this: silence can protect you, but it must be part of a larger legal defense strategy. A qualified Chicago criminal lawyer will make sure your rights are preserved and that silence works in your favor, not against you.

Example Case in Chicago: Silent Strategy, Strong Outcome

Let’s take a fictional but realistic case that could happen in Uptown. A man is arrested after police claim he matched the description of someone seen breaking into a parked vehicle. Officers detain him, place him in the squad car, and later try to interrogate him without an attorney present. He stays silent. They read him his Miranda rights midway through the interaction.

He’s charged with felony burglary, a Class 2 felony in Illinois punishable by 3 to 7 years in prison under 720 ILCS 5/19-1.

As his defense attorney, I file a motion to suppress statements, arguing that any responses he gave were taken before proper Miranda warnings and should be excluded. More importantly, I ensure that his silence is not discussed by the prosecutor at trial.

We then investigate the timeline and surveillance footage. A key camera shows that the person who broke into the car had a tattoo that the defendant does not have. With no statements from the defendant, no physical evidence linking him to the crime, and no credible witness identification, we move for a dismissal. The judge agrees.

Had the client tried to explain himself at the scene—out of fear or confusion—he may have unintentionally given the police statements that could be twisted into admissions.

The right to remain silent doesn’t just protect you from mistakes—it forces the state to prove its case without shortcuts.

The Criminal Case Process in Illinois and the Role of Legal Counsel at Every Stage

Criminal cases in Illinois begin with either an arrest or a formal complaint being filed. Law enforcement investigates the allegation, which may include surveillance, witness interviews, and physical evidence. If they believe a crime occurred, they refer the case to the State’s Attorney’s Office.

From that point, the case may proceed through the following stages:

• Arrest and booking
• Bond hearing
• Arraignment and plea entry
• Pretrial motions and discovery
• Negotiations or trial
• Verdict and sentencing

Throughout this process, the right to remain silent applies. But silence doesn’t mean passive defense. At every step, I work to review the evidence, identify flaws in the case, file suppression motions, and build a strategy tailored to each client’s goals.

Prosecutors gather different types of evidence to support their case. This may include:

• Witness statements
• Surveillance footage
• Physical evidence (weapons, stolen items, drugs)
• Cell phone records
• Social media activity
• Defendant statements

When a client stays silent, that entire category of “defendant admissions” is removed from the prosecution’s toolbox. That forces them to rely on harder-to-prove evidence, which often gives us room to negotiate or secure an acquittal.

But silence alone isn’t enough. You need a Chicago criminal defense lawyer who understands courtroom procedure, trial dynamics, and how judges and jurors interpret silence. You also need someone who can explain your options clearly—because silence must be paired with action in the courtroom to work.

Chicago Criminal Defense FAQs

Can I be punished for refusing to talk to the police in Chicago?

No. You cannot be legally punished for refusing to speak to the police. Both the U.S. Constitution and the Illinois Constitution protect your right to remain silent. That right applies whether you’ve just been stopped, are being detained, or are already under arrest. A Chicago criminal defense lawyer can ensure that your silence is respected and that any attempt to use it against you is challenged in court. Never assume cooperation will help you—many people talk themselves into charges.

Will a jury think I’m guilty if I don’t testify at my trial?

Jurors are instructed not to hold your silence or refusal to testify against you. Illinois law requires judges to inform the jury that defendants have no obligation to testify and that their silence cannot be considered evidence of guilt. Still, jurors are human, and some may view silence suspiciously. That’s why a skilled criminal trial attorney in Chicago knows how to counter those assumptions through cross-examination, strategy, and strong defense presentation.

What’s the risk of talking to police even if I’m innocent?

Even if you’re innocent, talking to police without a lawyer is risky. Officers may misinterpret your words or twist them to fit their narrative. Innocent people are charged every day because they tried to explain themselves. A criminal lawyer in Chicago will protect you from being manipulated or misquoted. If you’re innocent, your silence allows your attorney to build a strong defense without giving the prosecution ammunition.

Can silence hurt me during a pretrial hearing or bond hearing?

Silence typically doesn’t hurt you at bond hearings. Your lawyer will speak on your behalf, and the court focuses on factors like the charges, your record, your ties to the community, and risk of flight. If you talk at bond hearings without a lawyer, you may accidentally say something that’s used against you later. Let your Chicago criminal defense lawyeradvocate for your release and protect your record.

What if I started talking to police but now want to stop?

You have the right to stop speaking at any time. Simply say, “I want to remain silent,” and “I want a lawyer.” At that point, questioning must stop. If police continue to interrogate you, anything you say afterward may be inadmissible. Your Chicago criminal attorney can file a motion to suppress those statements and ensure your rights are enforced.

Why You Need a Criminal Defense Lawyer and Why You Should Call David L. Freidberg

Remaining silent is only part of a winning defense. To protect your rights fully, you need a lawyer who understands how prosecutors think, how judges rule, and how to frame your silence as a strength—not a weakness.

At The Law Offices of David L. Freidberg, we’ve spent decades fighting for clients across Chicago, Cook County, DuPage County, Will County, and Lake County. We know what it takes to challenge the state’s case, suppress bad evidence, and win in court.

Silence doesn’t make you guilty. It protects you. But only if you have an attorney ready to do the talking when it counts.

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.