Legal Question in Civil Litigation in Illinois
criminal damages done to the property of a minor
A 17 year old minor pulled up beside my daughter, who is a 16 year old minor, opened her car door slaming it into my daughter's car and then the vehicle she was in drove away with the car door still opened up beside my daughter's car. The police completed a criminal damage to property report, a complaint was written and signed. The 17 year old minor as well as the driver of the vehicle confessed to the incident. All paper work was sent to the States Attorney. I contacted the State Attorney's office after 2 weeks. I was told by his secretary that according to notes on the file that the incident appeared to be accidental. I called several times and the States Attorney nor the Assistant State Attorney has yet to return my call. The police officer who completed the report, did not know why the States Attorney did not contact him if there was a problem with his report. The officer was told that he was not going to fill criminal charges, that I would have to pursue through the civil courts. I have no money to hire an attorney to handle this. My daugher was the victim and damage in the excess of $500 was done to our property, which is a felony. What recourse do I have or what recourse, as a minor, does my daughter have?
2 Answers from Attorneys
Re: criminal damages done to the property of a minor
Hello. If your vehicle was
insured, contact the insurance
company and let them handle
it. Otherwise, file suit
against the other driver
and the passenger, on your
own; although this is tricky
and I always suggests that
a person hire an attorney.
Also, see if there is a
legal assistance program in
your area, or call the nearest
bar association and ask if
they have volunteer lawyers
who would represent you in
this situation.
Re: criminal damages done to the property of a minor
The decision whether to prosecute someone for a crime is strictly with the State's Attorney's office. Your first course of action is to ask to speak with a supervisor in that office. Also for criminal prosecution purposes, a 17 year old is an adult.
Regarding your own recourse, it might be best to contact your insurance company, get your car fixed, and see if they will pursue collection of your deductible and their costs. There is the possibility of small claims court as well.
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