Cheronis & Parente LLC

Criminal Defense Blog

ON BEHALF OF CHERONIS & PARENTE LLC   /   July 13, 2023

Navigating Your Rights During Illinois Police Interrogations

Every individual has rights during interactions with law enforcement, regardless of the circumstances. Intense situations like crime investigations do not diminish your rights. So, can Illinois police force you to confess to a crime you did not commit?

Understanding your rights and how law enforcement conducts investigations in Illinois is the first step in navigating these situations. Here are some key points to remember.

You can exercise your right to remain silent

The right to remain silent is yours. Police cannot force you to talk or to confess. This right stems from the Fifth Amendment of the U.S. Constitution, providing you with protection from self-incrimination. Therefore, you do not need to respond to any questions or make statements that could potentially incriminate you.

Police should follow the interrogation guidelines

Law enforcement officers in Illinois must follow strict guidelines during suspect interrogations. They cannot use physical force, threats or psychological pressure to extract a confession. If they do, the court may dismiss the confession. Moreover, Illinois law mandates that police video-record custodial interrogations in most serious felony investigations. This process ensures proper conduct during interrogations and safeguards the rights of suspects.

You can recognize and report signs of coercion

Regrettably, the pressure and stress of the situation sometimes lead suspects to confess to crimes they did not commit. This is a coerced confession. If you feel that the police have pressured you into making a false confession, it is important to voice this concern at the earliest opportunity.

The court disregards involuntary confessions

Generally, the court does not admit involuntary confessions, those made under duress or due to coercion. This means that if you confess to a crime because of the intensity of a police interrogation, a judge may rule out the confession from the evidence if they decide it was involuntary.

Illinois police do not have the legal power to force you to confess to a crime you did not commit. Knowing your rights in these situations is vital in protecting yourself from potential injustice.

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