Chicago Criminal Lawyer Blog
Why Remaining Silent in Chicago Is Your Right—Not a Crime
In neighborhoods all over Chicago—whether it’s Albany Park, Hyde Park, or South Shore—people interact with police officers every day. These encounters often begin casually but can quickly escalate into tense, high-pressure situations where you’re expected to talk. Many people believe that refusing to answer police questions could get them charged with a crime like obstruction. But under Illinois law, that’s not how it works.
You have a constitutional right to remain silent when questioned by law enforcement. The Fifth Amendment to the U.S. Constitution and Article I, Section 10 of the Illinois Constitution both protect your right against self-incrimination. As a long-time Chicago criminal defense lawyer, I can tell you that this right is not conditional. You don’t have to wait to be arrested, and you don’t have to wait for a lawyer to be present. You can assert your right to remain silent at any time during a police interaction.
