Legal Question in Criminal Law in Illinois

Re: jury trial

Yes, it is possible to win. First, the statement may be attacked and thrown out if the defendant's rights were violated. Second, the jury may choose not to believe the statement. This is known as a false incriminating statement. Third, an incriminating statement must be corroborated with other evidence. Call or email me if you would like to discuss.

Re: jury trial

Assuming your question refers to a defendant who signed a statement confessing to the crime, the answer to your question is "Yes, it is possible to 'win'". If the confession was obtained in violation of the defendant's constitutional rights, then the defense attorney would file a Motion to Suppress the statement and in some cases a hearing would be conducted after which the Judge would rule on the Motion. If the defense prevails and if there is no other evidence against the defendant, then the case would either be dismissed or won by the defense at trial. It is somewhat rare for this to happen, but it is possible. In any event, you may need to consult with private counsel. Good luck.