Legal Question in Criminal Law in Illinois

dismissed case reopened

My son was arrested for two misdemeanors - theft and disorderly conduct. Basically it was a Halloween prank gone awry. Three boys took a strobe light off of a porch - man chased them w/ a bat and broke a car window. My son admits guilt and is completely remorseful. Went to court and plaintiff did not show and case against him was dismissed. We left the court. Plaintiff showed up later for the other two boys and now my son has been drawn back in even though his case was dismissed. Can they do that to him?


Asked on 12/07/07, 4:47 pm

2 Answers from Attorneys
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: dismissed case reopened

Yes, because the State has up to 18 months to try your son. I imagine that you went to court without a lawyer. The lawyer would have filed a written trial demand, even though the case was dismissed. That would kick your son's speedy trial rights.

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Answered on 12/08/07, 12:23 pm
Joseph Michelotti Michelotti & Associates, Ltd.

Re: dismissed case reopened

Yes they can. Depending on the amount of the damage, they could even recharge as a felony. Your son needs legal representation.

check out my website

www.michelottilaw.com

email me if you have any questions

[email protected]

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Answered on 12/09/07, 4:38 pm


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