Legal Question in Criminal Law in Illinois
why wont the states attorneys office dismiss charges even after the so called victim has recanted their statement?
Asked on 12/12/10, 10:00 am
1 Answer from Attorneys
Purav Bhatt
The Law Office of Purav Bhatt
Victim's are considered the state's witnesses and it is the state that is bringing charges against the defendant. While a victim recanting his/her statement will hurt the prosecution's case, it is in the state's attorney's discretion whether to proceed or dismiss the charges.
Having an attorney speak with the prosecutor is usually more successful in getting charges dropped than trying to get the charges dismissed yourself.
Good luck,
Purav
Answered on 1/03/11, 12:44 pm
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