Legal Question in Criminal Law in Illinois

wrongful arrest

What can i do to get my husband out of jail? He was arrested for a supposed warrant he had, but we believe they are wrong and have the wrong person because my husband has not commited burglary. He is been wrongful accused.


Asked on 8/09/06, 11:15 am

2 Answers from Attorneys

David Shestokas Shestokas, & Associates

Re: wrongful arrest

After being arrested om a warrant he should be taken before a judge. At this time, his attorney should introduce the issue of identity. There can also be a motion to reduce bond to allow him a chance to prove the arrest was mistaken. There are a variety of actions that may be taken, but it would be best to contact an attorney in the area your husband was arrested. If you wish more information, please contact me at [email protected]

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Answered on 8/10/06, 8:30 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: wrongful arrest

In most cases it is necessary to post a bond in one form or another acceptable to the Court in order to gain someone's release from custody pending charges. If there is absolute proof of the "mistaken identity" defense, it may be possible for an attorney to persuade the state's attorney's office to drop the charges against your husband so that he would be released without posting any bond, but this would be extremely rare. I would strongly suggest that you consult with, and hire a criminal defense attorney who practices in the county where your husband is locked up. I do not practice in every Illinois county, but I have handled criminal cases in many of them and I might be able to help you. You may call me at the office if you do not already have an attorney to determine whether I might be able to help.

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Answered on 8/09/06, 10:46 pm


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