Legal Question in Criminal Law in Illinois

dropping charges

if the accuser chooses to drop charges can the procuter tell them that the case is no longer in there hands and still procute. also if the accuser leaves a message stating that they informed the state that they would like to drop charges is it ethical.


Asked on 7/21/04, 3:47 pm

2 Answers from Attorneys
Michael Rosenblat Michael C. Rosenblat., P.C.

Re: dropping charges

The State can proceed on a case even if the witnesses do not want to. You should discuss this with your lawyer or if you do not have one you may contact me at 847-657-0006.

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Answered on 7/21/04, 4:25 pm
David Shestokas Shestokas, & Associates

Re: dropping charges

The charges read "People of the State of Illinois v. Defendant". Once the matter is filed in court, it is up to the State's Attorney whether or not to proceed with the case. This happens often in Domestic Battery cases where the prosecutor proceeds despite the desires of the alleged victim.

It is certainly ethical for the accuser to contact the State's Attorney and indicate the wish to not go forward. In some instances, depending upon the nature of the case, it may be unethical to continue the prosecution, however, the case does "belong" to the state and not to the complainant.

There are several ways to handle this situation, and you should have experienced counsel to go through it. If you wish to discuss the matter further you may call on my cell phone at 630-965-8280.

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Answered on 7/21/04, 5:24 pm


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