Legal Question in Criminal Law in Illinois

Hi,I have a question concerning domestic battery. My friend was the victim of domestic battery and was supeonaed to court with a trial by jury, but she wants all the charges dropped and she wants it to be dismissed, and does not want to go to court and testify, she does not want the other person to go to jail or prison or get into any other legal trouble and wants it all to be over with, does she have the legal right to do that? If so is not appearing enough to dismiss the trial or what steps should the victim take so all charges are DISMISSED? Thankyou


Asked on 12/08/09, 4:05 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Sorry, the case is now "The People of the State of Illinois vs. [insert defendant's name here]", not "the victim" vs. "the defendant". The state's attorney represents the People and his or her job description does not include a clause that says to drop everythig if the victim doesn't want to go forward. In fact, expecially in the realm of domestic violence, there is a plethora of statistics on women who want to drop their cases against their abusers, and when allowed to do so, get abused again! This "victim" can speak with the state's attorney in charge of the case, but I doubt that the state's attorney will just drop the case. If the "victim" is under subpoena to appear at trial and refuses to show up the Court can issue an order basically holding the "victim" in contempt of court and providing for the alleged "victim" to be taken into custody.

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Answered on 12/13/09, 8:46 pm


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