If aproperty damage incident has been filed against me and the person who filed dropped the charges, can the state pick up the case and try me in court?
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If aproperty damage incident has been filed against me and the person who filed dropped the charges, can the state pick up the case and try me in court?
I was given a $20,000 bond. Will I be able to recoup any of these monies if found not guility? Also, do they need evidence to convict me?
Asked on January 11, 2012 under Criminal Law, Illinois
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Even if the person who made the criminal report about you to law enforcement resulting in criminal charges being filed against you by the district attorney's office wishes to drop his or her claims against you, once the district attorney's office has filed a criminal complaint, the decision to prosecute the matter or dismiss it rests entirely in its hands and not the person who initiated the complaint.
If you go to trial and found not guilty, most likely you will not be able to recoup the fees that you have incurred in defending yourself. The prosecution must prove with admissible evidence beyond a reasonable doubt that you committed the offense that you are charged with. I suggest that if you do not have a criminal defense attorney representing you in the matter you are writing about that you retain one.
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