Legal Question in Criminal Law in Illinois

On august 25th i was questioned by East Peoria police in Illinois. They had told me they wanted to ask follow up questions on a domestic dispute between my ex-girlfriend and I. I had told them that the poilce were called we both gave the responding officer a statement and she did not press charges. The investigator told me that what the officer got was just a "cliff note" version of the incident and he needed to hear what happened form me and my ex to make a full report. I went into the police station on the next day at 2:00 p.m. the next day with the understanding that I was not in danger of being arrested since no charges were filed by her on the date of the incident and I was just helping him file his report. After being questioned the investigator left the room for a couple mins and came back with a uniformed officer and told me that he had discussed my statement with him and i had broken several laws including: domestic battery, forced entry, unlawful restraint, and interfering with a 911 call. He told me I was under arrest and the uniformed officer hand cuffed me and took me into custody without reading me my rights and took me to his car and transfered me to the county jail. Is there anything i can do about being questioned with out the knowledge of possible arrest and being placed into custody without being read my rights?


Asked on 8/28/09, 2:51 am

1 Answer from Attorneys
Thomas Faragoi Thomas V. Faragoi, Attorney at Law

Unfortunately, there is nothing you can do. The law only requires Police to read you your rights per Miranda only when you are in custody AND being questioned. In this case, you were asked to voluntarily appear at the station to answer questions, you were free to leave the station at any time. Once the detective established the probable cause to arrest you, he stopped questioning you and placed you in custody. Under this scenario, he is not required to read you any rights.

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Answered on 9/02/09, 12:52 pm


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