Legal Question in Criminal Law in Illinois

my 14 year nephew was arrested based on suspicion of rape. His 14 yr female cousin has told authorities he raped her several times. He is a virgin and has said he never touched her. The police came and arrested him, didn't give him a chance to deny it, and said they did it based on what she told them. Is this legal?


Asked on 5/13/10, 10:11 pm

2 Answers from Attorneys
Purav Bhatt The Law Office of Purav Bhatt

Did the police take your nephew in for questioning or did they arrest him? Keep in mind that since your nephew is 14, his parent/guardian has the right to be present during any questioning.

The police can arrest your nephew. He needs an attorney and will have several opportunities throughout the criminal process to defend himself and have his case dismissed but the police only need probable cause to arrest and question your nephew.

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Answered on 5/19/10, 8:18 am
Kelly Bennett Bennett Law Offices

Yes of course the police have the right to arrest him, or anyone else they believe to have committed a crime. Your nephew needs an attorney immediately.

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Answered on 5/19/10, 12:14 pm


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