Can criminal charges be dropped in Illinois? The short answer is yes, but the details of how and why are a bit more intricate. We’ll take a look at some of the common misconceptions surrounding dropped charges, the reasons why they are dropped, and how someone can be prepared to maximize the chances of their charges being dropped early.
On that note, acting “early” is one of the keys in getting those charges dropped. Here at Combs Waterkotte, our Southern Illinois criminal defense lawyers start building your defense immediately to get the best possible resolution to your case. You can contact our firm online or call us at (618) 88-CRIME for a free consultation from our attorneys with over 60 years of combined legal experience. We help good people in bad situations, just like yours.
Common Misconceptions About Getting Criminal Charges Dropped in Southern Illinois
Courtroom drama television can be entertaining, but isn’t always the most accurate to the real world, and causes some misconceptions of the real legal system. These include what it means for charges to be dropped and who makes the decision to drop them:
Misconception 1: The alleged victim can drop the case
The alleged victim in legal cases plays a key role in the prosecution’s argument, but the alleged victim is not the boss, and ultimately does not have the decision-making power to go forward with or drop criminal charges. In a criminal case, it’s actually the government vs. the defendant, not the alleged victim vs. the defendant, so the state’s prosecutor is the one who can make the decision to drop a case.
This misconception arises probably because in civil cases, the plaintiff (victim) can choose to drop the case against the defendant, but this does not apply in criminal cases. While having a alleged victim who does not want to proceed can weaken the prosecution’s case, this does not automatically result in the case being dropped.
For example, if police are called to your house for a domestic disturbance, Southern Illinois law enforcement can still choose to arrest you and charge you even if the alleged victim does not want to “press” charges.
Misconception 2: Dropping and dismissing a case are the same thing
Having a case dropped versus dismissed may sound similar, but there is a key difference: Who decides that the case isn’t going forward. When a case is dropped, the prosecutor abandons the case, likely because they think they won’t be able to win.
When the case is dismissed, a judge looks at the evidence the prosecution presents and decides that it isn’t enough to proceed. This often happens early on, before the defendant enters a plea.
Common Reasons Criminal Charges are Dropped in Southern Illinois
While every case is unique, there are common threads that come up when criminal charges are dropped, which we’ll be covering below:
Evidence Issues:
If the prosecutor believes that the collected evidence is not strong enough to win at trial or otherwise move forward, they will likely drop the case to focus on another one with stronger evidence. Evidence can also be thrown out if it was collected improperly, leading to an overall weak case. A good criminal defense lawyer will be able to identify any improperly collected evidence and have it dismissed.
Witness Issues:
You’ll remember from above that while the alleged victim does not decide to drop criminal charges, having an uncooperative victim can make proceeding very difficult for prosecutors, and sometimes they will decide to drop the charges rather than going forward with them.
This goes beyond the alleged victim, too – having witnesses retract testimony, witnesses that don’t cooperate, or who otherwise are unreliable can weaken a case, leading to a prosecutor giving up on the charges.
Plea Agreements:
A plea agreement is when the prosecutor and defendant agree for the defendant to accept a guilty or no-contest plea for a charge, with some sort of benefit for the defendant. This saves the prosecutor time and effort, and can be more common when there is some evidence for a guilty verdict, but plea agreements are not guaranteed.
One benefit the defendant often accepts is the dropping of more serious charges, while accepting the penalty for lesser changes. Depending on the defendant’s goals and situation, this can be a positive outcome for everyone involved. A skilled criminal defense attorney will know how to negotiate for the best possible deal in these circumstances.
Statute of Limitations Expires:
Most crimes have a statute of limitations, after which the government cannot prosecute an individual for a criminal act. If this limitation passes, the prosecution loses their chance to proceed with a case.
In Illinois, general felonies carry a 3 year statute of limitations, while general misdemeanors carry an 18 month statute of limitations. However, there are some key exceptions and things to keep in mind regarding these:
- Sex crimes vary greatly in their limits, and often do not have a statute of limitations.
- Violent crimes can also vary quite a bit, ranging from the standard time limits to no limit for crimes such as attempted murder, arson, and other serious crimes.
- Theft has some special considerations: Theft of property over $100,000 in value has a statute of limitations of 7 years after the last related act – this means that even if the theft occurred 8 years ago, if some of the stolen property was sold 5 years ago, it would still be valid to prosecute.
Keep in mind: Statutes of limitations can change in the future with new laws, and in Illinois, the time limit only runs while the accused is publicly available – so if they were to hide or move to another state, the limit would effectively be extended.
Hoping to Get Criminal Charges Dropped in Southern Illinois? Contact Combs Waterkotte Now
While criminal charges can be dropped at any point in the process, the sooner you start preparing your defence with your criminal defence lawyer, the more likely it is they will be dropped.
Combs Waterkotte brings several key skills from day one to give you the best odds of charges being dropped, and a plan of action if that doesn’t work out:
- Always Ready: We’re available to contact 24/7 and start building your defense immediately.
- Personalized Approach: We’ll approach your case with its unique needs. We treat you like a person, not a case number.
- Plan for every outcome: If we can get the charges dropped, we will. If we cannot achieve a dismissal or favorable plea deal, our trial-ready Southern Illinois criminal defense lawyers will fight for your freedom at trial.
Call (618) 88-CRIME or send us a note online today to get started, with a confidential, no-obligation review of your case.
