IL asked in Criminal Law for Illinois

Q: My boyfriend was arrested without a warrant - is that illegal?

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2 Lawyer Answers
Paul Stanko
PREMIUM
Paul Stanko
Answered
  • Criminal Law Lawyer
  • Plymouth, IN

A: Most arrests are made without a warrant. As long as an arrest is based upon probable cause, it is usually valid, with or without a warrant.

Brian Polinske
Brian Polinske
Answered
  • Criminal Law Lawyer
  • Edwardsville, IL
  • Licensed in Illinois

A: In most circumstances yes. The arresting officer is required to possess what is termed probable cause to believe that your boyfriend had committed a criminal offense. He cannot be held more than 72 hours however without formal charges being filed against him.

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