Legal Question in Criminal Law in Illinois

Theft on ''

Question is for my husband:

He works at a VA hospital.

He had a disagreement with a co-worker.

The charges: He ''stole'' a $25.00 CD player from his co-worker.

*No one saw him ''steal'' the CD player

*The VA-police state that he sold this ''stolen'' item to another person.

Question: If his co-worker either A) does not show up in court or B) Wishes to drop all charges; can my husband still be taken to ''court'' by the ''Federal Authorities'' (namely, the VA police)?

Thank you for your assistance!


Asked on 5/09/02, 3:03 pm

2 Answers from Attorneys

David Shestokas Shestokas, & Associates

Re: Theft on ''

Generally speaking, crimes taking place on federal property come under the US Attorney's office, if they wish to take the case. If they do not, it can be referred to the local state's attorney for prosecution. In either event, once a charge is filed, it is the prosecutor who decides to proceed, and if he feels there is enough evidence without the testimony of the alleged victim he can prosecute anyway. In my experience, that seldom happens, because without the complaining witness it is usually impossible to make the case for a conviction. It can happen though in limited circumstances.

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Answered on 5/09/02, 3:56 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Theft on ''

The reply by David Shestokas is basically correct. The alleged "crime" is a violation of a statute and therefore it is the government against your husband and not the alleged victim against your husband. Therefore the government can proceed with prosecution even in cases where the alleged victim does not want to proceed. In any event, your husband needs expert legal advice and representation. He should not simply depend upon the alleged victim dropping the charges. If your husband is not already represented by legal counsel he may call me for a free telphone consultation at 314-727-2822.

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Answered on 5/09/02, 9:29 pm


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