ILCS » Chapter 705 · Act 405
Illinois Compiled Statutes

705 ILCS 405/5-170 (2026)

Representation by counsel

✓ laws through the 2026 session (checked Sept. 2026)
Find cases: SyfertCases citing this section IL-ILGAilga.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
(705 ILCS 405/5-170)
    Sec. 5-170. Representation by counsel.
    (a) In a proceeding under this Article, a minor who was under 15 years of age at the time of the commission of an act that if committed by an adult would be a violation of Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 must be represented by counsel throughout the entire custodial interrogation of the minor.
    (b) In a judicial proceeding under this Article, a minor may not waive the right to the assistance of counsel in the minor's defense.
(Source: P.A. 103-22, eff. 8-8-23.)

    
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2012–2021 · leading case: People v. Austin M., 2012 IL 111194, 975 N.E.2d 22.
Sort: Relevance Newest Treatment
People v. Austin M., 2012 IL 111194, 975 N.E.2d 22. “) 705 ILCS 405/5-170(b) (West 2006). ¶ 73 Thus, according to the plain language of the Act, a minor in a delinquency proceeding has a nonwaivable right to be represented by a defense attorney.”
In re D.L.H., 2015 IL 117341. · cites it 2× “¶ 44 Respondent also focuses on the question of whether he was in custody when questioned by Detective Adams, arguing that an affirmative answer to that question would implicate his statutory right to an attorney under section 5-170(a) of the Juvenile Court Act (705 ILCS…”
In re D.L.H., 2015 IL 117341. · cites it 2× “¶ 44 Respondent also focuses on the question of whether he was in custody when questioned by Detective Adams, arguing that an affirmative answer to that question would implicate his statutory right to an attorney under section 5-170(a) of the Juvenile Court Act (705 ILCS…”
In re Jayden L.G., 2021 IL App (2d) 210093-U. “ANALYSIS -9- 2021 IL App (2d) 210093-U ¶ 27 The sole issue raised by respondent on appeal is whether his post-adjudication counsel was ineffective by failing to preserve respondent’s claim of ineffective assistance of his adjudication counsel.”
705 ILCS 405/5-170(a): 2 cases
In re D.L.H., 2015 IL 117341. “¶ 44 Respondent also focuses on the question of whether he was in custody when questioned by Detective Adams, arguing that an affirmative answer to that question would implicate his statutory right to an attorney under section 5-170(a) of the Juvenile Court Act (705 ILCS…”
In re D.L.H., 2015 IL 117341. “¶ 44 Respondent also focuses on the question of whether he was in custody when questioned by Detective Adams, arguing that an affirmative answer to that question would implicate his statutory right to an attorney under section 5-170(a) of the Juvenile Court Act (705 ILCS…”
705 ILCS 405/5-170(b): 2 cases
People v. Austin M., 2012 IL 111194, 975 N.E.2d 22. “) 705 ILCS 405/5-170(b) (West 2006). ¶ 73 Thus, according to the plain language of the Act, a minor in a delinquency proceeding has a nonwaivable right to be represented by a defense attorney.”
In re Jayden L.G., 2021 IL App (2d) 210093-U. “ANALYSIS -9- 2021 IL App (2d) 210093-U ¶ 27 The sole issue raised by respondent on appeal is whether his post-adjudication counsel was ineffective by failing to preserve respondent’s claim of ineffective assistance of his adjudication counsel.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.