Legal Question in Criminal Law in Illinois

Trumped up charges and false arrest.

My girlfriend was assaulted during arrest, I was vocal because of his brutality towards her. Another officer who was present began provoking and pushing me repeatedly, I became more vocal about my rights, so he then arrested me and I willingly placed my arms behind my back and remained submissive, but the officer dropped his cuffs, the other officer maced me with a full can and slapped the mace into my face, eyes, mouth, nose with his fingers. Then they both were stretching and forcing my arms in the air and moving them about in a manner as to create the image that I was resisting arrest. They had me in the police car and were drilling me with questions and demanded I tell them my girlfriends age....I said I don't have to comment on her behalf, but they were persistent and asked over and over saying, ''she told us she was 21'' so I said if that is what she told you, then I guess that is her age. I am in court facing obstructing justice, 2 resisting arrests, and now they want to say I assaulted the officer who arrested me, I know I am innocent. The thing is, when I was released on bond that night, I noticed there was no actual cause for arrest, their charges were Obstruction, 2 resisting.What is your analysis?


Asked on 3/24/04, 2:03 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

Re: Trumped up charges and false arrest.

It's very difficult to analyze a factual scenario such as you describe without copies of the police reports to go on, records of hospital treatment if any, and witness statements and the like.

There will no doubt be a significant difference between what you allege happened and what-presumably-will be the police view of the situation.

You did not so state, but if your girlfriend was in the process of being arrested, what will that say about her/your credibility if it comes down to a hearing? That is a practical issue you need to recognize.

Your best advice is to retain counsel at your earliest opportunity to explore whether you can assert a defense based on your allegations.

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Answered on 3/24/04, 4:49 pm


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