The test for voluntariness depends on whether you decided to talk freely without compulsion or inducement or whether your will was overborne at the relevant time. A court will consider all the circumstances surrounding your statements, including your age, intelligence, education, experience, and physical condition, the length of the interrogation, whether you received Miranda warnings, the presence of any physical or mental abuse and the legality and length of your being held in police custody.

In People v Mandoline, the court applied the above factors to determine that a defendant’s statement had been voluntary. The defendant was 23 years old, a high school graduate with some college education who had little experience with law enforcement. While the defendant had had a headache and had drank a considerable amount of beer, he appeared alert and did not seem intoxicated. The three-hour long interrogation was relatively brief as prior Illinois law had held that a 25-hour interrogation did not automatically render a defendant’s statement inadmissible. While the defendant was detained two hours after he requested an attorney, the court reasoned that the police did eventually honor defendant’s right to counsel. Defendant had been given Miranda warnings, and the defendant had not been physically abused in that he had been allowed to use the restroom and take smoking breaks.

If you have been charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. Were you improperly pressured into making a confession? Did you have the mental capacity to understand what was happening? An attorney may petition the court to suppress any incriminating statements you may have made. Even if the police acted properly and the evidence against you is overwhelming, an attorney who is respected in the court house may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

The post THE POLICE FORCED ME TO TALK: THE ISSUE OF VOLUNTARY CONFESSIONS IN ILLINOIS appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.

For example, police must read your Miranda rights when they take you into custody. If they do not, any statements made in custody can be suppressed. However, your statements may be used in court if they are sufficiently removed from the illegal way in which the police obtained them.

To determine if your statements are far enough removed from the “illegal taint,” the court looks at four factors: (1) the flagrancy of police misconduct; (2) whether there were intervening circumstances; (3) the proximity of time between defendant’s arrest and statement; and (4) whether Miranda warnings were given to the defendant.

In a recent Illinois case, (People v Gempel), the court suppressed statements that defendant made after an arrest based on these four factors. The court found: 1) police misconduct was flagrant in that officers ignored defendant’s requests for an attorney, saying he did not need one; 2) the results of a DNA test did not create a sufficient intervening circumstance; 3) the 37 hours between the arrest and defendant’s statements may have coerced defendant into confession; 4) while officers repeatedly read defendant his Miranda rights, their continuous disregard of those rights in reality coerced his confession. Therefore, the state failed to “purge the taint of an illegal arrest,” and defendant’s statements could not be used.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

The post FRUIT OF THE POISON TREE: STATEMENTS FROM AN ILLEGAL ARREST appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.

Miranda must be given when an individual is in custody and before questioning begins. These rights only apply in inherently coercive, custodial situations. To determine when they apply, an Illinois court looks at 1) the circumstances surrounding an interrogation, and 2) whether a reasonable person would believe they were free to terminate the interrogation and leave. Surprisingly, the use of handcuffs does not automatically mean you are in police custody, although it may be a factor.

To determine whether a reasonable person would feel free to go, Illinois courts consider: 1) the location, time, length, mood and mode of the questioning; 2) the number of police officers present during interrogation; 3) the presence or absence of family and friends of the individual; 4) any indicia of a formal arrest procedure, such as the show of weapons or force, physical restraining, booking or fingerprinting; 5) the manner by which the individual arrived at the place of questioning and 6) the age, intelligence and mental makeup of the accused..” (See People v Coleman.)

If you are charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your case to determine when you were under arrest and whether the police acted properly. If the arrest was not proper, an attorney can bring a motion asking the judge to throw out any statements you might have made after Miranda warnings should have been given. Even if the police acted properly and the evidence against you is overwhelming, an attorney who is respected at the courthouse may be able to negotiate a more favorable plea agreement than you can on your own.

See our related post: Your Right To Remain Silent Under New Supreme Court Law.

If you have questions about this or another related criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

The post WHEN ARE YOU UNDER ARREST? MIRANDA RIGHTS AND POLICE CUSTODY IN ILLINOIS appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.

In Berghuis v Thompkins, the Defendant invoked his right to remain silent by simply not saying anything under questioning for a long period of time. When police continued to question him, he eventually made a statement to the police, which he tried to suppress based on the police violating his right to remain silent.

The Court held that the Defendant’s actions were not sufficient to invoke his right to remain silent. The statements the Defendant made were admitted against him. The Court said that any invocation of Miranda must be “unambiguous” so that the police will not have to guess regarding whether they should have cut off questioning. (A previous case ruled that if a Defendant wants an attorney, he or she must also do so clearly.)

So if you are arrested and taken into police custody, what should you do? After signing your Miranda warning form, you should tell the police “I want to remain silent,” and “I want an attorney.” Only by making these unambiguous statements will your Miranda rights be protected under the new case law. Whatever you do, do not give up your Miranda rights by signing a “Waiver” form.

Even if you assert these rights, the police could try to make you sufficiently uncomfortable to want to start talking even if they are not doing anything illegal. You might have to wait a long time in a relatively cold room. While statements made after a Defendant invokes his right to remain silent may not be admissible in Court, the best chance for your defense depends on your continued silence until you have an attorney present.

If you or a loved one have been arrested and are in police custody or if you have any questions, feel free to contact Matt Keenan at 847-568-0160 or matt@mattkeenanlaw.com.

Source: http://www.supremecourt.gov/opinions/09pdf/08-1470.pdf

(Besides Skokie, Matt Keenan also serves clients in the communities of Arlington Heights, Buffalo Grove, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Highland Park, Kenilworth, Morton Grove, Mount Prospect, Niles, Northbrook, Palatine, Park Ridge, Rolling Meadows, Schaumburg, Wilmette and Winnetka.)

The post YOUR RIGHT TO REMAIN SILENT UNDER NEW SUPREME COURT LAW appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.