Legal lessons learned from the 'Runaway Bride'

The recent case of the "runaway bride" has captured the nation. The young woman, a nurse from Duluth, Georgia, told police a phony story about being abducted a few days before her planned wedding. Eventually, she told authorities that she fled because of personal reasons.

The woman agreed to pay the city of Duluth $13,250 to help pay for the costs the city incurred searching for her. She also faces fines and jail time if convicted of lying to the police. She agreed to psychiatric counseling, which doesn't come cheap, and she or her family possibly lost the down payments made to throw the lavish wedding that was planned.

While there are personal lessons to be learned from the saga of the runaway bride, there are legal lessons as well.

  1. Do not lie to the police. The making of a false report to the police of a non-existent crime may constitute the commission of the class 4 felony offense of Disorderly Conduct in Illinois, punishable by up to three years in prison and a $25,000 fine (restitution could be even more), plus mandatory community service. Similarly, one might be charged with Obstruction of Justice for furnishing false information to police when it is intended to prevent the apprehension, or obstruct the prosecution or defense, of any person. This offense too is categorized as a class 4 felony with the same penalties (although community service is not mandatory for obstruction). However, the mere denial of criminal wrongdoing when questioned by police can not result in criminal liability even if the denial is false.
    If the police have probable cause to believe that you made a false report, they can arrest you. Any law enforcement officer can make an arrest, usually with a warrant but sometimes without one. A warrant, describing the person to be arrested and the charge made, is issued by a judge or magistrate, and it directs law enforcement officers to arrest a certain person and bring the person before the court.
    Upon arrest, a person should be informed of the Miranda warnings, but failure to do so does not affect the validity of the arrest. Miranda warnings include: you have the right to remain silent; anything you say can and will be used against you in a court of law; you have the right to have an attorney present before any questioning; and, if you cannot afford an attorney, one will be appointed to represent you before any questioning.
    If arrested, one has the right to appear before a judge as soon as possible, usually within 48 hours unless special needs can be shown to exist. At the first appearance before a judge, the accused has the right to be advised of the specific allegations of the charges, the possible penalties upon conviction, the right to counsel, the plead not guilty and to have a trial by jury, where the state is responsible for proving guilt beyond a reasonable doubt, until which time, the accused is presumed innocent. If the arrested person has minor children, an inquiry should be made as to their custody or the Illinois Department of Children and Family Services should be notified.
  2. Before signing a contract, hire an attorney to review it. A wedding is an expensive proposition. Whenever you engage a service, such as a caterer, band, or a photographer to perform work, it's always a good idea to have an attorney review the contract before you sign anything. In general, you should get all estimates in writing. Read the contracts yourself and ask questions before signing.
  3. Never sign a contract with blank spaces. If a supplier says that you must make a deposit, clearly understand the refund policy. And, read and understand what any guarantee covers.
  4. Know the grounds for annulment. It remains to be seen if the "runaway bride" and groom tie the knot. But what if they had gone ahead and done so - and one of them decided they wanted out? Grounds for annulment (the legal term is "declaration of invalidity of marriage") vary in different legal jurisdictions but are typically limited to fraud, bigamy and mental incompetence.
    In Illinois, they may include the following circumstances:
    • A party lacked capacity to consent to the marriage at the time that the marriage was solemnized, either because of mental incapacity or infirmity or because of the influence of alcohol, drug or other substances, or the party was forced into the marriage fraudulently (within 90 days after the petitioner learned of the condition);
    • A party lacked the physical capacity to consummate the marriage (within one year);
    • A party was under age 18 and did not have the consent of his or her parents or guardian or judicial approval (the marriage can be declared invalid prior to the time that the person reaches age 18 when the party could have married legally).

 

 

Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.

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If you have questions about the application of the law in a particular case, consult your lawyer. The law is constantly changing. Information on this site or any site to which we link does not constitute legal advice.