Two Illinois laws prohibit police from knowingly using deceptive tactics to coax a confession out of a minor.
720 ILCS 405/5-401.6 and 720 ILCS 5/103-2.2 state that a confession by a minor under age 18 at the time of the offense is presumed inadmissible in evidence if it is made as a result of a custodial interrogation at a police station or other detention place if the officer knowingly engaged in the deception. These laws apply to confessions on or after January 1, 2022.
“Deception” is defined as an officer knowingly communicating false facts about the evidence or making unauthorized statements about leniency. “Custodial interrogation” means any interrogation during which a reasonable person would consider themselves to be in custody and police ask a question that is reasonably likely to elicit an incriminating response.
The police may still use the minor’s confession if the state can show by a preponderance of the evidence that the confession was otherwise voluntary.
If your child has been charged with a criminal offense, contact an experienced attorney immediately. An attorney can review your child’s case for his or her best possible defense. Whether a confession was voluntarily given or the result of lying by the police is highly fact specific and may be viewed differently by different judges. An attorney who is familiar with the courthouse may be better prepared to argue why your child’s confession should not be used against him or her.
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.)
