Why You Should Remain Silent After a Domestic Violence Arrest

When someone gets arrested for a domestic violence accusation, they are put into handcuffs by law enforcement and brought to the local police station. The accused is informed of his or her rights, and is processed for the offense. However, that individual is not guilty until proven so. Remaining silent and not attempting to talk your way out of the arrest will be crucial. The reason for this, is because you may say something that is self-incriminating to be used against you.

Any comments you make to law enforcement are not confidential. In fact, police may be looking for ways that they can get you to make certain statements, which could then be inferred as guilt. If the person arrested wants to defend their side of the story, it’s advised that they only do so after meeting with a lawyer and having them present for questioning. 

No matter how upset you are about the arrest, there is no benefit to sharing information with police aside from what is necessary for booking purposes. For instance, you will have to provide your name and other identification details. But after that, it’s best to remain quiet and ask for a lawyer immediately. If found guilty of domestic violence, the accused may have to:

  • Pay expensive fines
  • Serve jail time
  • Fulfill community service
  • Attend counseling or rehabilitation
  • Abide by probationary rules

Police are not allowed to listen in to phone calls to your lawyer, but they may be permitted to hear the conversation between you and anyone else you may call, such as a significant other, friend, or family member. You have the right to legal counsel, and should utilize this right without hesitation. Even the most friendly or well-mannered officer is not on your side, and it’s key to remember this from the moment of your arrest and on. 

As a domestic violence lawyer, like one from The Law Office of Daniel J. Wright, would agree with, facing a domestic violence accusation can be scary. You may be worried about the potential repercussions, and how this will affect your relationships and career. By remaining silent during the arrest, you are giving law enforcement less evidence to be used against you in court later.

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