In Chicago and cities across Illinois, people have daily encounters with law enforcement—whether during traffic stops, street encounters, or investigations into a suspected crime. A common question that comes up is: Can I be arrested just for refusing to answer questions from a police officer? While many believe silence is always safe, the legal answer is more nuanced. Knowing when and how your right to remain silent applies can mean the difference between going home and getting arrested.
Illinois residents—particularly those in areas with frequent police activity like Austin, Garfield Ridge, or the South Shore—should understand how silence interacts with Illinois criminal statutes, what exceptions exist, and how to legally protect themselves during encounters with law enforcement.
Your Constitutional Right to Remain Silent
Let’s begin with the Constitution. The Fifth Amendment to the U.S. Constitution guarantees that no person “shall be compelled in any criminal case to be a witness against himself.” This protection is enforced in Illinois, and it means that you generally have the right to refuse to answer questions posed by police officers.
This right applies whether you’ve been stopped on the street, pulled over in traffic, or even taken into custody. But there’s an important caveat: silence may not stop an arrest if law enforcement believes you are obstructing an investigation. In these situations, silence alone is not a crime—but context matters.
Illinois Law: When Silence Becomes a Legal Problem
Under 720 ILCS 5/31-1, it’s a Class A misdemeanor to knowingly resist or obstruct a peace officer. The key here is action—not silence. Courts in Illinois have ruled that refusing to answer police questions does not, on its own, satisfy the requirements for obstruction or resistance. However, if your silence is accompanied by behavior that interferes with an officer’s duties—such as walking away during a lawful stop or refusing to identify yourself when legally required—that’s when it may cross the line.
Another statute, 720 ILCS 5/31-4, addresses Obstruction of Justice. This law covers acts like lying to police, destroying evidence, or intentionally impeding an investigation. Again, silence itself isn’t criminal under this statute—but misleading answers or behavior could trigger charges.
It’s also important to note that Illinois is a “stop and identify” state in limited situations. During a Terry stop, if police have reasonable suspicion of criminal activity and ask for your name, you may be required to identify yourself. Refusal could then lead to escalation—not for being silent, but for noncompliance during a lawful detention.
Real-World Arrests Still Happen—Even When the Law Says They Shouldn’t
Unfortunately, the fact that something is legal doesn’t stop arrests from happening. Police often arrest first and sort out legality later. I’ve handled many cases in Chicago and Cook County where individuals were arrested simply for asserting their right to remain silent. Officers sometimes feel challenged, threatened, or disrespected—and that reaction can result in handcuffs.
Take for instance a recent case we defended in Bridgeport. A young man was standing outside a friend’s home when officers approached, asking whether he had seen a stolen vehicle nearby. He calmly told them he didn’t want to answer any questions. They detained him anyway, searched him, and found nothing. But because he refused to comply with the officers’ increasingly aggressive questions, they charged him with obstructing a peace officer.
We filed a motion to quash the arrest and suppress all evidence, arguing there was no reasonable suspicion or probable cause. The court agreed. The case was dismissed before it ever reached trial.
These types of wins are only possible when your attorney knows how to challenge the stop, the arrest, and every move the state makes.
What Happens After an Arrest for Obstruction or Resisting?
If you’re arrested in Illinois for obstructing or resisting—even if you were simply exercising your right to remain silent—you will be taken into custody, booked, and likely held for a bail hearing. Class A misdemeanors carry serious consequences: up to 364 days in jail, probation, community service, fines up to $2,500, and a permanent criminal record.
In many of these cases, police reports are vague or misleading. They may exaggerate your behavior or fail to note your calm refusal to speak. Prosecutors often rely solely on the officer’s word, especially if no bodycam footage is available. This is why having an aggressive, trial-ready attorney is essential.
If you’re in DuPage County, Will County, or Lake County, the legal process is similar—though the court systems and prosecutorial tendencies can vary. In any county, an arrest record—even for a charge later dropped—can affect employment, housing, and educational opportunities.
The Criminal Defense Process and Why Legal Counsel Is Critical
From the moment you’re arrested, every decision matters. After processing and bail, you’ll face an arraignment, discovery, and pretrial conferences. An attorney who knows the system inside and out can challenge the legality of the stop, the credibility of the officers, and the sufficiency of the state’s case.
At our firm, we prepare each case with the assumption that it may go to trial—even if a plea deal is likely. That trial posture gives us leverage. Prosecutors in Cook County and across Illinois know which attorneys will fight and which won’t. When they see The Law Offices of David L. Freidberg listed on a case, they know we’re ready to file motions, examine every piece of bodycam footage, and demand accountability from the state.
We have also helped clients expunge or seal these types of records where permitted. Though Illinois has strong expungement laws, some resisting or obstruction cases don’t qualify unless they’re dismissed or the defendant is acquitted. That’s why early legal intervention is so important.
Understanding the Evidence the Police Will Use Against You
Police officers are trained to document everything. From the moment they approach, they are noting your body language, demeanor, and responses. Even a shrug or refusal to speak can be described in a way that suggests guilt or suspicion.
In resisting or obstruction cases, common evidence includes:
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Officer testimony and incident reports
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Bodycam and dashcam footage
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Dispatch audio recordings
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Surveillance video from the surrounding area
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Any physical resistance or refusal to comply with commands
We’ve seen cases where a simple refusal to talk was written up as “hostile,” “combative,” or “noncompliant,” all of which can sway a judge or jury. Your defense lawyer needs to be ready to dismantle these claims piece by piece—and that starts by obtaining every available video and communication between officers.
Legal Defenses to Charges Tied to Refusing to Talk
There are strong legal defenses that can be raised in these cases. Some of the most common include:
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Unlawful Stop or Seizure: If the police didn’t have a legal basis to stop or detain you, any evidence they obtained—including an arrest—may be thrown out.
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No Act of Obstruction: Silence alone does not meet the legal threshold for obstruction. The state must prove actual interference.
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Unlawful Arrest: If officers escalated an otherwise calm situation without probable cause, we can move to suppress the arrest and dismiss the case.
Our legal strategies are tailored to the facts. We study the timeline, video evidence, officer conduct, and witness statements. If the law was misapplied, we expose it.
Why You Should Call a Defense Attorney Before Saying a Word
If you are ever approached by police in Chicago or the surrounding suburbs, the best legal advice is to say nothing beyond identifying yourself—and ask for an attorney immediately. Even a casual comment can be used against you.
Once you’re arrested, the time to protect your future is now. An attorney can challenge the stop, review the evidence, file suppression motions, and negotiate with prosecutors from a position of strength. The longer you wait, the fewer options you may have.
At The Law Offices of David L. Freidberg, we’ve successfully defended hundreds of clients against obstruction, resisting, and related misdemeanor charges. We know how to fight these cases, and we have the trial experience to back it up.
Call Now – The Law Offices of David L. Freidberg Is Ready to Help
If you were arrested in Chicago, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling DUI cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.
Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.