When someone is accused of a crime, the pressure from law enforcement can be overwhelming. We’ve worked with clients across Chicago who were manipulated into making statements they later regretted. Police officers are legally allowed to lie during interrogations in Illinois. That means they can tell you that they have evidence they don’t actually have or say that someone else already confessed—even when it’s not true. These tactics are designed to make you feel like giving in is your best option. But giving a false confession can destroy your defense, even if you’re completely innocent.
False confessions are more common than people realize. They often happen during long interrogations, especially when someone is young, tired, scared, or unfamiliar with the legal process. Illinois law has acknowledged this problem, which is why 725 ILCS 5/103-2.1 requires that custodial interrogations in homicide cases be recorded to help prevent coercion. But even with this safeguard, people still confess to crimes they didn’t commit.
As criminal defense lawyers, we’ve seen how quickly a police interview can turn into a legal trap. Officers may act friendly at first, but their job is to get a confession—even if it means using pressure or manipulation. That’s why we always tell our clients to remain silent and ask for an attorney as soon as they’re being questioned. Under the Fifth Amendment and Miranda v. Arizona, you have the right to remain silent and to have legal representation during questioning. Exercise that right.
Tactics Police Use To Get A False Confession
Some of the most common strategies we’ve seen police use during interrogations include:
- Lying about evidence
- Saying a confession will lead to leniency
- Acting like they’re “just trying to help.”
- Repeating questions to wear someone down
- Isolating someone for hours without food, water, or sleep
These tactics are legal under Illinois law, but they’re designed to manipulate your emotions and judgment. That’s why having a criminal defense attorney present is essential.
What To Do If You’re Being Questioned
If police want to question you, you should:
- Clearly say, “I want to remain silent. I want a lawyer.”
- Do not answer questions, even if you feel like you’re helping yourself
- Do not sign anything or make a recorded statement
- Stay calm and respectful but firm
Your silence cannot be used against you in court. Illinois prosecutors cannot argue that staying silent is proof of guilt.
Legal Ramifications Of A False Confession
A false confession can lead to:
- Criminal charges being filed even when there’s no physical evidence
- Your statements being used as the main basis for prosecution
- Being denied bond or a plea deal
- Difficulty convincing a jury that your confession wasn’t true
Under 725 ILCS 5/114-10.1, statements made as a result of coercion may be suppressed in court. But once a confession is made, it becomes harder to undo the damage. That’s why the best defense is preventing the confession in the first place.
Police Interrogation FAQs
What Should I Say If Police Start Asking Me Questions?
Tell them clearly and calmly, “I want to remain silent. I want a lawyer.” Do not try to explain your side of the story or defend yourself. Anything you say can be twisted and used against you. Once you assert your rights, law enforcement must stop asking questions. This is your constitutional right and is protected under both Illinois law and the U.S. Constitution.
Can Police Lie To Me During An Interrogation?
Yes, under Illinois law, police are allowed to lie during interrogations. They can falsely claim that they have fingerprints, video footage, or witness statements. They might even say that another person has already blamed you. These tactics are legal, but they’re also misleading and often result in false confessions. You should never assume that what an officer tells you is true unless your lawyer verifies it.
Is It Legal For Police To Interrogate Me Without A Lawyer Present?
It is legal for police to question you without a lawyer—unless you ask for one. Once you request a lawyer, questioning must stop. This is based on your Miranda rights and protected by 725 ILCS 5/103-3. The moment you say you want an attorney, police must either wait until your lawyer is present or stop the interview completely.
What If I Already Confessed But I Was Coerced?
If your confession was the result of threats, lies, or psychological pressure, we may be able to challenge it in court. Illinois courts allow defense attorneys to file a motion to suppress coerced statements. If granted, that confession cannot be used against you. The key is to act quickly and speak with a lawyer who can investigate the circumstances of your statement.
Why Do People Confess To Crimes They Didn’t Commit?
False confessions often happen when people are scared, confused, or under intense pressure. Young people, individuals with mental health issues, and those unfamiliar with their rights are especially vulnerable. They may believe that confessing will end the interrogation or lead to a lighter sentence. But in reality, confessions—true or false—are powerful evidence in court.
Can I Record The Police During An Interrogation?
In Illinois, all custodial interrogations for certain felony cases are supposed to be recorded by the police themselves, according to 725 ILCS 5/103-2.1. However, if you are not in custody and record police without their knowledge, you may be violating Illinois’ eavesdropping laws under 720 ILCS 5/14-2. If you’re unsure, ask your attorney what is legally allowed.
How Long Can Police Hold Me Before I’m Charged?
In Illinois, police may hold someone for a reasonable period of time during the investigation, but they generally must charge or release you within 48 hours. Any delay beyond that without charges can raise legal issues under Illinois and federal due process protections. If you are being held and not charged, call a defense lawyer immediately.
What If Police Promise Me A Lighter Sentence For Confessing?
Police are not prosecutors. They cannot make deals, even if they promise leniency. Many people believe they’ll get a better outcome by cooperating, but those promises are not legally binding. If you’re offered a deal, do not agree to anything until your attorney reviews it. Prosecutors—not officers—are the only ones who can formally offer plea bargains.
Do I Have To Answer Basic Questions Like My Name Or Address?
You may be required to identify yourself in certain situations, like during a lawful traffic stop. However, beyond that, you are not required to answer any other questions without a lawyer present. You can politely provide your name, but you should avoid any additional conversation. Always ask if you are free to leave.
Can I Be Charged Even Without Physical Evidence If I Confess?
Yes. A confession can be enough to file charges even if there’s no physical evidence. Illinois prosecutors can proceed based on a confession alone, especially if it appears voluntary. That’s why it’s so important not to speak to police until you’ve consulted with a lawyer.
Speak With Our Chicago Criminal Defense Attorney
If you believe you’re being investigated or have already been questioned by police, do not wait. A false confession can change your life forever. At Edward Johnson & Associates, we defend individuals across the Chicagoland area who are facing criminal investigations, arrests, and charges. Our attorneys can step in, protect your rights, and work to suppress any improper statements made under pressure. Contact our Chicago criminal defense lawyer at Edward Johnson & Associates P.C. by calling 708-762-8666 to receive your free consultation. Our Chicago-based defense law firm serves clients throughout the entire metro area. We are ready to protect you before it’s too late.