Legal Question in Criminal Law in Illinois
Arrested Domestic Violence
A friend was arrested by police for domestic violence. A home situation that got out of hand and boyfriend called 911 and hung up to calm her down. Police came and arrested her even with boyfriend begging them not to. He is not pressing charges and wants this to stop. She will go to court on next month what is the procedure she should follow to get this dropped. She does not want to hire an attorney as she cannot afford it. How should she present this to the judge to have all charges dropped.
2 Answers from Attorneys
Re: Arrested Domestic Violence
Once the case is filed, it is the People of the State of Illinois v. Your Girlfriend. The case belongs the State's Attorney, and they are the ones who decide whether the case should proceed. They represent the victim and will often follow the victim's wishes. For various reasons they may not, in which case she will need a lawyer. For detailed information regarding Illinois Domestic Battery, there is a page on our website that discusses it in detail. Please take a look at http://www.shestokas.com/Domestic_Battery.html for further information. Good luck.
Re: Arrested Domestic Violence
She who has herself as an attorney, has a fool for a client. If she can't afford an attorney, tell her to ask for the public defender. She can't learn all she needs to know to defend herself without going to law school.
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