Legal Question in Criminal Law in Illinois

"Oral statements and motions"

What are the legalities regarding an oral statement (confession) that is unsigned in a police report? When should a motion be presented if your rights have been violated upon incaration? If you were not allowed a telephone call or a visit from a relative that was attempting to discover what had happened?


Asked on 2/18/00, 6:46 am

1 Answer from Attorneys
Michael DeLaney Ciardelli and Cummings

Re:

There are many variables that play a role in your question. If you ask to speak with an attorney at any point during their interrogation, the police are required to cease all questioning until you have been given an opportunity to consult with counsel. If you indicate that you wish to remain silent, the police must allow some time to pass before resuming interrogation.

Because these rights belong to you, you must be the one to assert them. Others cannot generally assert them on your behalf.

If you are charged with a crime, I strongly advise that you seek the assistance of an attorney.

If you have any questions, please call me at (312) 346-2522 or (708) 268-7354 in the evening.

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Answered on 2/24/00, 9:26 am


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