Legal Question in Criminal Law in Illinois

My Son got arrested for home invasion(unlawful restraint) & domestic battery. His girlfriend told the police & states attorney that she let him in the house & after awhile they started fighting. He has been in jail for 4 months now. The states attorney said they will drop the home invasion but they want to charge him with burglary now. Can they do that? Why can't they drop the unlawful restraint & just charge him with domestic battery? Please help me understand all of this?

Asked on 6/12/16, 9:33 am

2 Answers from Attorneys

Elfreda Dockery Law Office of Elfreda Dockery

The State's Attorney has the sole descretion to charge a person with a crime and has the sole descretion to decide what the charge will be.

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Answered on 6/12/16, 11:10 am
Michael Rosenblat Michael C. Rosenblat., P.C.

Talk to your son's lawyer and he/she will explain what's going on to you.

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Answered on 6/12/16, 5:42 pm

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