Legal Question in Criminal Law in Illinois

If my Dispostion is stricken from docket with leave to reinstate does this mean i was convicted of the crime

Asked on 12/18/12, 1:24 pm

1 Answer from Attorneys

David Shestokas Shestokas, & Associates

No, you were not convicted. In fact your case was dismissed. The language means that the state's attorney asked the judge to have the case taken off with court call with a provision that if there were new evidence in a short time frame the state could ask the court to place the case back on the court call and send you notice.

This is a motion typically only employed in Cook County, and developed because of the huge volume. It's often used in domestic violence cases when the victim is a no show and the state is unaware of the reason. If the victim contacts the state with a good reason for having missed court, the state will request leave to have the case brought back into court.

As a practical matter, a case that is SOL'd is seldom returned to court and it dies a legal death when the time for a speedy trial runs out. After that the case can no longer be pursued. For nearly all cases that have been Stricken Off with Leave (SOL) it turns out to be the equivalent of being dismissed.

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Answered on 12/19/12, 7:15 pm

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