Legal Question in Criminal Law in Illinois

Criminal arrest

I was arrested on probable cause but was let go with no charges filed. I was told that if this were brought up again by the accuser there would be no further investigation and I could not be charged for this again. Is this true?


Asked on 4/02/08, 5:21 pm

1 Answer from Attorneys

Jonathan Cohen Shestokas, Raines, & Malavia, P.C.

Re: Criminal arrest

Without more information, it's hard to say, however, it would appear that there is no legal bar to you being charged again. If no charges were filed it could mean a few different things including that the State doesn't think they could prove their case against you, or that upon further review, it doesn't look like you committed a crime. It could also mean that the police or state's attorney does not find the accuser to be credible in his/her accusations.

If the police think the accuser is not trustworthy, it's possible they would decline to investigate similar complaints made against you by the same person. You could, however, be charged with a crime based on the same or similar accusations if, for example, additional evidence were to surface, or the police were to find the accuser credible after further accusations. Double jeopardy would not bar your being charged with a crime after being released, since it sounds like you did not go to any sort of trial on the case.

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Answered on 4/02/08, 8:49 pm


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