Q: Can a IL police officer backdate and re issue a citation that he never turned in before the original court appearance?
I was given a citation and my car was towed. I went to court based on the date printed on my ticket. I wasnt on the docket because the officer never filed citation with the court. I call the police dept asking about my car...and all the fees. He said he would have his officer reissue citation with new courtdate. I got a backdated citation in the mail today...is this ok or in violation of rule 552?
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A:
In your situation, it sounds like the officer reissued a citation after missing the original court date, which could raise concerns. In Illinois, under Supreme Court Rule 552, officers are required to file citations with the court "without unnecessary delay" and no later than 48 hours after issuance. Failing to do so could violate this rule, especially if the citation was not properly processed in time for the scheduled court appearance.
Receiving a backdated citation could potentially be problematic. If the citation was backdated to make it seem like it was properly issued and filed, that may lead to questions about its validity. The reissued citation should reflect the current date, and any errors in the original process should be addressed transparently.
It might be a good idea to consult legal assistance to review the details of your case. Make sure you bring all the documents, including the original citation, the reissued one, and any records of your court appearance. They can help determine whether any rules were broken and how to proceed.
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