Legal Question in Criminal Law in Illinois

criminal law in Illinois

If someone says that I tried to run her off the road and tells the police to arrest me, do they have to arrest me even if there is no probable cause to do so (e.g. no plate #, no physical description of me, no make/model of my car)? She pointed out my car from a distance of 3 football fields at 1 am and I was arrested, no cause whatsoever, can this happen or were the police in the wrong here?


Asked on 10/29/07, 5:27 pm

2 Answers from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: criminal law in Illinois

The police have very wide discretion as to whether to arrest someone upon the complaint of a "victim". I do not see that they did anything so improper as to be actionable. However, with the facts that you state, you may very well have a decent defense to the criminal charge. I would strongly suggest that you hire the very best criminal defense attorney you can afford and follow your attorney's advice. Good luck.

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Answered on 10/30/07, 11:49 pm
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: criminal law in Illinois

You are confused about what probable cause is. She said you did it, and pointed out your car. If you were in the car at the time the police arrested you, then that's probable cause. What you mentioned goes to reasonable doubt. That only comes into play at the trial. Please call for a free consultation.

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Answered on 10/30/07, 11:02 am


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