Legal Question in Criminal Law in Illinois
If someone is on Cond. Discharge for Driving While Revoked, is arrested for battery, but recieves a Nolle Pros on the Misd. Battery charge, can that arrest still violate a conditional discharge? No. Great. If yes, then that is some extreme BS b/c the one who was arrested for the battery was attacked and unjustly arrested to begin with...
Asked on 6/02/10, 10:41 am
1 Answer from Attorneys
Typically an arrest will be the basis of a violation. However, many judge's will wait to see how the new charge will be disposed of before acting on the violation. In my experience a violation is usually thrown out if the new charge is dismissed.
Answered on 6/02/10, 1:53 pm
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