Legal Question in Criminal Law in Illinois

Refiling of a domestic violence case

I WAS CHARGED IN MARCH 2006 OF DOMESTIC VIOLENCE (TWO COUNTS),

AFTER TWO COURT DATES, WHERE THE MY GIRLFRIEND NEVER SHOWED UP, THE JUDGE DISMISSED THE CASE (WE ARE STILL TOGETHER).

NOW OVER TWO MONTHS LATER (I ALSO RECEIVED MY BOND BACK), SHE HAS REFILED FOR THAT INCIDENT. PS i HAVE NO CRIMINAL BACKGROUND. hOW CAN SHE REFILE AFTER THE JUDGE DISMISSED THE CASE? WHAT ARE MY OPTIONS? THIS IS DUPAGE COUNTY COURT


Asked on 1/08/07, 10:59 am

2 Answers from Attorneys
Mike Helfand IllinoisLawyers.com

Re: Refiling of a domestic violence case

It's refiled b/c it was dismissed with the possibility of refiling allowed. Most of the lawyers we know wouldn't have let that happen. If you want a referral to a DuPage County criminal defense lawyer please call me at

312-

346-

5320.

Yours truly,

Michael Helfand

Attorney at Law

www.findgreatlawyers.com

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Answered on 1/08/07, 11:30 am
David Shestokas Shestokas, & Associates

Re: Refiling of a domestic violence case

In DuPage county, a case may be dismissed by a process called nolle prosequi. In that situation, the case is done, but may be refiled until the statute of limitations runs or a speedy trial demand expires. If there was no demand for trial, then a misdemeanor case can be refiled up to 18 months after the incident. If there are exceptional circumstances in your case, it may be subject to a motion to dismiss. Please reply by e-mail if you wish to discuss the matter or feel free to call the office.

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Answered on 1/08/07, 12:26 pm


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