What if the Alleged Victim Wants to Drop Charges in a Domestic Battery Case in Illinois? Facing domestic battery charges in Illinois? Combs Waterkotte attorneys Andrew Russek and Joshua Broadman discuss what happens if an alleged victim wants to drop charges. In a domestic battery case in Illinois, the alleged victim cannot simply “drop the charges” once police have made an arrest. Domestic battery is prosecuted by the state under 720 ILCS 5/12-3.2, meaning the prosecutor decides whether the case will move forward. Even if the alleged victim asks to withdraw the complaint, prosecutors may still pursue the case based on other evidence. Understanding domestic battery charges in Illinois is critical if you are facing allegations and need to protect your rights.
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Interview Transcript
Scott Michael Dunn: What if an alleged victim wants to drop charges of a domestic battery? Does the case live on its own or is it just over?
Andrew Russek: So, it can continue forward. People always say: the state brought it against me, not the person. Well, a person can’t bring criminal charges against you. It’s the state of Illinois, state of Missouri that brings the charges. Technically, the victim is just a witness, who happens to be a victim witness. So, while the state may call them and say, you know, we’re thinking of doing this or that as a plea deal, what do you think? They don’t have any say. They’re just a witness, just like a police officer’s a witness, just like I could be a witness to a car accident and be called to testify in a civil suit. So, while they may say to the prosecutor, I don’t want to participate, that can be fodder for us. That can help us show that maybe their credibility is called into question or maybe this isn’t something worth all these resources. But, technically the state can try and force the victim to come testify. I’ve done that before in violent crime cases when I was a prosecutor, where I had my police go pick up witnesses who were reluctant and make them take the stand and put them under oath. So, the case can still progress even without a non-cooperative or even with a non-cooperative victim. It’s the attorney’s job to use that as one of many tools in getting your case dismissed or getting you that best outcome.
Joshua Broadman: I think that’s probably one of the biggest misconceptions that I see with clients that have been charged with these types of charges. Is… oh my ex-girlfriend, or girlfriend, or wife, or whomever, texted me and said they went and contacted the state’s attorney that they don’t wanna press charges anymore. A lot of these state’s attorney’s offices have no-drop policies. So, like Andrew eloquently said, just because the alleged victim in the case contacts you or contacts—I’ve had them try to contact the attorney’s office or what have you—it doesn’t mean that the state’s attorney just suddenly goes, oh okay, well, that charge is now gone.
