Legal Question in Criminal Law in Illinois

My boyfriend was accused of beating up his sister's husband but didn't touch him and now he's sitting in jail and the charges are aggravated battery and trespassing but the sister and her husband dropped the charges so my question is can the state still convict him of these crimes?


Asked on 7/09/10, 11:35 am

4 Answers from Attorneys
Michael Rosenblat Michael C. Rosenblat., P.C.

The state charged your boyfriend not the sister and her husband, and the state can proceed if with the charges.

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Answered on 7/09/10, 2:44 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Yes. Charges are brought by the prosecutor, not by the victims. Only the prosecutor can drop the charges. The victims can ask him to do so, but he is allowed to refuse such a request. In domestic violence cases, that is what usually happens.

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Answered on 7/09/10, 3:38 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Ther state can still prosecute, true enough. But the question was " . . .can the state convict. . .?" How is the state going to obtain a conviction if there is no evidence that the defendant committed the offense?

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Answered on 7/10/10, 10:35 am
Kelly Bennett Bennett Law Offices

Yes, the State has the obligation to proceed. It is not your sister's choice.

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Answered on 7/12/10, 8:59 am


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