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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption