Legal Question in Consumer Law in Illinois

Case prosecution after settlement?

Accusations were made of identity theft & forgery and a search warrant executed. The charges aren't true.

The lawyer discussed matter w/DET who took report and executed search. The DET hasn�t completed any follow-up paperwork or gone to judge with inventory of what was taken.

The DET said that if the ''victim'' was paid X amount, the ''victim'' would sign stating they did not want to proceed with the case stating the matter was over, ending DET's investigation, and the items taken during the search returned.

As noted, the charges aren�t true, but, a settlement payment was considered to avoid stress a case would cause, allow the items taken during the search to be returned, and avoid the huge legal bill that would accompany the long & stressful process.

However, lawyer is trying to push away from that stating that they don�t think the settlement offer may be legal and even if �victim� signed the papers, the state could still proceed w/charges as the case is ''in the system'' due to the search warrant, but, no follow-up papers have / would be filed.

Is the ''settlement'' offer legal? If so, what are the chances a case would proceed if settlement was made and the ''victim'' signed stating that they didn't want to pursue it?


Asked on 7/13/09, 3:43 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

Criminal Case Prosecution After Civil Settlement?

I am not aware of what the DET and do not understand your situation. However, generally speaking, civil settlements and criminal cases are unrelated events, both can proceed separately. This is because the government prosecutes criminal cases, while private parties prosecute civil ones, and their private settlements generally to not bind the government. Victim's wishes, however, are often considered, so a civil settlement and a happy victim can often can help a great deal in avoiding criminal charges. You need to retain an experienced criminal lawyer and follow his advice in any decisions you make. My comments here are not intended as legal advice unless you subsequently retain me and revisit this issue with me.

Read more
Answered on 7/15/09, 8:53 am


Related Questions & Answers

More Consumer Law questions and answers in Illinois