QUESTION

Excluding statement because high on large amounts of opiates

Asked on Sep 27th, 2013 on Criminal Law - Illinois
More details to this question:
If i make an incriminating statement while under the influence of large amounts of Opiates, can i later have that same statement disregarded as evidence because I was under the influence? arested for retail theft greater than $300
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1 ANSWER

Criminal Law Attorney serving Naperville, IL at Law Office of Ken Wang
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Generally speaking, voluntary intoxication is not a defense to an offense. The key issue here is whether you made a knowing and voluntary statement.   If you are able to prove your confession was not knowing or voluntary based upon your intoxication, you are entitled to have the evidence suppressed. However, Illinois Courts have generally been unwilling to suppress a confession based upon voluntary intoxication.  Its going to depend on the exact facts of the situation.    
Answered on Sep 28th, 2013 at 11:59 AM

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