Legal Question in Criminal Law in Illinois

Re: theft and damage to property

$50,000 for scratching a car? I think there must be more to the story than you have included in this post, but I will try to answer your questions.

1) If there is no evidence, then the State's attorney may drop criminal charges or may choose to proceed on the testimony of the witnesses making "accusations" No evidence means your brother has a good chance of winning though.

2) Even if the criminal case is dismissed, the owner of the car can sue in civil court, and may still win.

3) Your brother can go to jail if convicted of a serious enough offense in criminal court. In civil court, the worst that can happen is that he is required to pay damages.

Re: theft and damage to property

Testimony of a witness, if believed, is evidence against your brother. Eyewitness testimony is the most common, and most believed, evidence in court. There has to be more to what is behind the $50,000.00, bail. It seems to me that your brother has a better chance going to jail on the Class 1 burgary charge, and the damage to property charge ( a Class A misdomeanor if damages are under $300) being used as an aggravating factor at sentencing. If I were you, I'd worry about the burglary charge.