BARNEY & HOURIHANE, LLP

RAISING THE BAR
BARNEY & HOURIHANE
  • Home
  • About
  • Attorneys
    • Ian M. Barney, Partner
    • Justine Hourihane, Partner
  • Areas of Practice
    • Civil Rights
    • Appeals
    • Litigation Support
  • Contact
  • Blog
  • Meet

Illinois Seeks to Expand Legal Counsel to Minors During Interrogation

5/4/2016

 
Courts have long recognized the civil right of the accused to have counsel present during custodial interrogations. If you are suspected of a crime and the police bring you in for questioning, they must end the conversation if you ask for an attorney. This is one of the hallmarks of the well-known Miranda warning police must recite in the course of an arrest.

Curiously though, the right to counsel doesn’t automatically extend to minors in all cases in Illinois though this population is the among the most vulnerable for self-incrimination. However, a new law may soon change that.

When Minors Do and Do Not Have the Right to Legal Counsel in Illinois

Under the current law, any minor under the age of 13 must have an attorney present if police wish to question him or her about a murder or sex crime. If the minor says anything to police without an attorney present, it will not be admitted at trial.

While this law is good for extremely young defendants, it has long left those between the ages of 13 and 18 out in the cold. This group is more likely to be accused of a serious crime than extremely young defendants, and may not fully understand the legal consequences of speaking with police officers.

Senate Bill 2370 now looks to change that, however. As it currently stands, the bill would require an attorney to be present anytime someone under the age of 18 is questioned about any crime, not just the most serious offenses. Any sort of oral or written statement made while outside the presence of legal counsel would be inadmissible in court unless a prosecutor could show by a preponderance of the evidence that the statement was reliable and made voluntary without any coercion from police officers. In addition, minors could not waive the right to counsel under any circumstances.

The law would also broaden the definition of what constitutes an interrogation for a minor to include any situation in which the minor would reasonably believe that he or she is in police custody and which might elicit an incriminating response.

The bill has garnered more than a dozen co-sponsors on the Illinois Senate, and amendments added to it in committees have only strengthened its protections for minors accused of crimes. The bill is scheduled for a third reading in the Senate in May.

Chicago Defense Lawyer

The right to counsel is one of America’s post important constitutional rights, and should be extended to minors in all circumstances. If you ask for an attorney to be present while being questioned by police and officers refuse to provide you with counsel, anything you say may be barred from evidence at trial, and this could be used as grounds for an appeal of your conviction. For more information about the right to counsel and the appeal process in Illinois, contact the Chicago offices of Barney & Hourihane today for a consultation about your case.

Comments are closed.

    Authors

    Archives

    May 2019
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016

    Categories

    All
    Chicago Appeals Attorney
    Chicao Appellate Lawyer
    Civil Rights
    Criminal Appeals
    Criminal Defense
    Drug Crimes
    DUI
    Gun Crimes
    Marijuana Law
    Police Misconduct
    Probable Cause

    RSS Feed

Barney & Hourihane, LLP | 53 W. Jackson Blvd., Suite 1215 | Chicago, IL 60604 | info@barneyhourihane.com

TEL: (312) 854-0906
The information found on this website is for general informational, educational, and advertising purposes only. Any information found on this website does not constitute legal advice or a solicitation of clients, nor does it create an attorney-client relationship between the reader and Barney & Hourihane, LLP.

ABOUT US | AREAS OF PRACTICE | ATTORNEYS

  • Home
  • About
  • Attorneys
    • Ian M. Barney, Partner
    • Justine Hourihane, Partner
  • Areas of Practice
    • Civil Rights
    • Appeals
    • Litigation Support
  • Contact
  • Blog
  • Meet