When people are arrested or questioned by police, they often think the best thing to do is explain themselves. But that instinct can lead to serious consequences. We’ve seen many cases in Chicago and throughout Illinois where people confessed to crimes they didn’t commit—just to end an intense interrogation. The truth is that police tactics can wear people down. Studies show that false confessions are real, and they often happen after hours of pressure. That’s why we always tell our clients: say nothing and ask for a lawyer.
Scientific research confirms what defense attorneys have known for years—false confessions can happen to anyone. The Innocence Project reports that nearly 25% of wrongful convictions overturned by DNA evidence involved a false confession. Some people think only the guilty confess, but science says otherwise. Sleep deprivation, threats, deception, and long hours in a small room can break someone down. Young people, those with mental health conditions, or anyone unfamiliar with the legal system are especially at risk.
Illinois Law Still Allows Deceptive Tactics During Interrogation
In Illinois, the law permits police to use certain tactics that can lead to false statements. Until recently, detectives could legally lie to suspects about evidence during questioning. This changed when Governor JB Pritzker signed a bill that bans police from lying to minors during interrogations, but adults are still at risk. Police may still imply they have evidence they don’t or say someone else has already blamed you. These tactics are meant to pressure you into confessing, even if it’s not true.
Illinois law gives you the right to remain silent and the right to an attorney. These rights come from the U.S. Constitution and are reinforced by Illinois law under 725 ILCS 5/103-2.5. You have no legal obligation to answer questions without a lawyer present. If police start asking questions, all you need to say is, “I want a lawyer.” Then stop talking. The longer you speak, the more chances you give them to twist your words or build a case around something you didn’t mean.
What You Say Can Be Used Against You—Even If It’s Not True
One of the biggest problems with false confessions is that once you say something, it’s hard to take it back. Even if there’s no physical evidence, prosecutors may try to use your statement against you. And if you go to trial, juries may believe the confession over other facts. That’s why we always advise our clients to say nothing, even if they’re innocent. Let us speak for you. We understand the law and how to protect your rights from the start.
False Confession Frequently Asked Questions
What Is A False Confession?
A false confession happens when someone admits to a crime they didn’t commit. This can occur because of pressure, fear, confusion, or police tactics used during questioning. These statements are often recorded and can be used as evidence, even if they’re not true.
Why Would Someone Confess To Something They Didn’t Do?
There are many reasons. Some people are afraid, tired, or just want to go home. Others are tricked by police who claim they already have proof. In some cases, people believe they’ll get a lighter sentence if they confess, even when innocent.
Are Police Allowed To Lie To You During Questioning?
In Illinois, police can lie to adults during interrogations. They can say they have evidence that doesn’t exist or claim someone else blamed you. However, they are no longer allowed to lie to minors under Public Act 102-0359.
What Should I Say If The Police Want To Question Me?
The best thing to say is, “I want a lawyer.” After that, stay silent. Do not try to explain or answer any questions. Anything you say can be used against you, even if it seems harmless.
Can I Ask For A Lawyer Even If I Haven’t Been Arrested?
Yes. You can ask for a lawyer at any time when police are questioning you. If you’re not under arrest, you can also leave. You don’t have to sit through an interrogation just because police ask questions.
Is It Legal For The Police To Record My Confession?
Yes. In Illinois, police are required to record custodial interrogations in certain serious cases under 725 ILCS 5/103-2.1. These recordings are often used in court, which is why it’s so important to have a lawyer before you say anything.
What If I Already Confessed—Can I Take It Back?
You can challenge a confession, especially if it was made under pressure or threats. We can file a motion to suppress it if it wasn’t voluntary or if your rights were violated. But the best option is to avoid making any statement at all.
Do Minors Have Special Protections During Police Questioning?
Yes. Illinois law now bans police from using deceptive tactics on minors. Also, in many cases, a parent or guardian must be present during questioning. These protections are based on the understanding that young people are more vulnerable.
Can I Be Charged With A Crime Based On A Confession Alone?
Illinois requires that confessions be supported by some other evidence, known as “corroboration.” However, even weak or unrelated evidence may be used. That’s why your own words—even if false—can still lead to charges.
Why Is Staying Silent So Important?
Staying silent protects you from giving the police material to build a case. The moment you talk, you give them control. Silence is not guilt—it’s a right. Use it until we’re by your side.
Talk To A Criminal Defense Lawyer Before You Say Anything
False confessions happen every day—and they can destroy lives. Don’t make the mistake of trying to explain your way out. Let our legal team step in and protect your future. Contact our Chicago criminal defense attorney at Edward Johnson & Associates P.C. to receive a free consultation by calling 708-762-8666. Our office is located in Chicago, Illinois, and we defend individuals throughout the entire Chicagoland metro area.