I am being falsely accused of assault and battery but not arrested yet.

Asked about 2 years ago - Round Lake Beach, IL

I was crossing through a parking lot and a car bumped me, the lady parked got out and started screaming at me. I crossed back over and told her she hit me and was being unreasonable. She kept swearing at me and then said she had her kid in her car. I threw up my hand and said forget it. I then said, "look I did not even damage your car, you need to chill". The police arrived at my house a few hours later and told me to confess to assault. I refused, I did not do anything to this woman. They said they would be returning with an arrest warrant. I did nothing but talk to this woman and I could lose my professional license if I am charged with a crime. Should I get a lawyer?

Additional information

I would also like to add my 14 year old niece was standing outside my car and witnessed the entire interaction. Police questioned her separately and told them exactly what happened which matches exactly what I told them.

Attorney answers (3)

  1. David Alan Zipp

    Contributor Level 11

    1

    Best Answer
    chosen by asker

    Answered . Actually you sir as the person walking and by your statement, and being the actual person struck may very well be a victim in this case. As there is no harm, I would say that the police just were following up on the driver's call for service. In reality, her duty to you as a driver is much higher than your duty to her as a pedestrian. Your supplied facts do not even support assault or battery, unless you are accusing her of deliberately hitting you with her car or something else occurred that is not in your supplied facts.

    Remember that anybody can call the Police at any time for any reason. Knowing the RLB Police as I do, they are a community policing agency and they were just doing their jobs in investigating the situation. That being said, never discuss anything with a police officer, especially if they were as you say trying to extort a confession to a crime.

    On my website www.ZippToCourt.com, I have a video from a law professor whose entire topic is "Why I will never, never, never, under any circumstances talk to the police." Its generally excellent advice and why you should never talk to the police without an attorney. You have a right against self incrimination and can only help yourself with silence.

    In your case, you have already talked to the Police, and if they had thought a crime was committed you would have most likely already been arrested. There is not much other investigation to do based on your supplied facts. I think you would agree that the concept of CSI Round Lake Beach exploding into action as amusing as it is non-existent.

    Just as an aside, your facts actually say you were hit by a driver. This technically is a tort. A tort, which is a civil wrong. Now, before the dollar signs start racing through your head, there are four (4) factors that all must be met to win this tort, say under a negligence theory. Your need Duty - Breach - Causation - and Damages.

    The driver owes you a Duty to not hit you with her car. She hit you, so she Breached this duty. She was driving which is the Causation. But you were not hurt, so where are the Damages? You technically win, but collect nothing.

    In the big scheme of things, I would guess that most likely, this driver was scared out of her mind that she hit you with her car. It seems to have been an accident. Some folks react loudly and defensively when they know they are in the wrong. If your story is complete and you did not do anything to the driver, than most likely she over-reacted and nothing can stop a person from calling the Police. She did so and her story was not taken as creditable by the Police, hence your brief meeting and non-arrest.

    If this truly bother's you, in a few days, simply go to the Round Lake Beach Police Department and make a FOIA - Freedom of Information Act request for the police report. I think you will see that indeed a call for service was made, it was investigated and no further action was taken.

    Good luck and try to relax. Unless there are more facts to what you have relayed, you really need not worry any longer.

    I practice locally and am often in the Round Lake Beach traffic branch court. Call me if you need anything, and please be careful when walking through those dangerous parking lots...

    This answer is marginal legal advice and does not constitute an attorney-client relationship. Every client and... more
  2. Judy A. Goldstein

    Contributor Level 20

    Answered . You should consult in person with a criminal defense attorney. You have not been charged and possibly may not be charged after the police investigated. But it never hurts to be prepared.

  3. Stephen A. Gustitis

    Contributor Level 13

    Answered . Please contact a qualified criminal defense lawyer immediately. Do not speak to anyone further about this incident except your attorney. You have much at stake and the advice of counsel at this time is invaluable. Also, I would recommend you deactivate all your Internet social networking accounts immediately and leave them deactivated until your attorney advises otherwise.

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