Legal Question in Constitutional Law in Illinois

Self Defense
If someone enters your property, makes threats against your child and then threatens you verbally and then physically then you protect yourself and said person does not file charges only a statement with the police department, can the states attorney pick up this statement and file charges against you for battery even though you have no past crimanal record whatsoever?

Asked on 12/13/06, 8:18 am

Zedrick Braden III Ainsworth & Associates PC

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0 attorneys agreed

Re: Self Defense

The State's Attorney's office can file charges

against you, but based upon your account, there

is a great self defense argument here. I would

think that the chances of you winning the case

are great. By law, the State's Attorney's office

can in fact bring charges against a person based

upon that office's belief that a crime has been

committed. However, a judge or jury will deter-

mine whether one is innocent or guilty. Of course there is always the legal presumption that a person is innocent, until proven guilty.

Answered on 12/13/06, 9:45 am

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