Legal Question in Criminal Law in Illinois

Wrongfully accused then arrested without hearing ''my rights''

I was arrested for disorderly conduct. The accusor claimed that I said ''What a whore'' at the back of her fence. I deny that allegation. Anything that was said, I said in my own home. In addition; when I was arrested, The officer did not read me my rights. Is there some law about that? Plus, I have witnesses that will testify that I was never outside of my home, and things that were said can't accually be proven to be in her direction. Can I countersue?


Asked on 4/14/02, 10:02 am

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Wrongfully accused then arrested without hearing ''my rights''

In the first place, it seems highly unlikely that a law enforcement officer would arrest you and charge you with a crime soley upon someone's complaining about a comment you made. I would not be surprised if there is something more than this included in the police version of the incident. Secondly, the arresting officer is not required to read you your rights when arrested. They will do this and obtain a written waiver from you if they intend to use any statement by you after your arrest against you. It seems from your question that you would be well-advised to hire an attorney to represent you.

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Answered on 4/14/02, 6:17 pm


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