If a jury trial is requested, when will the State's Attorney drop a Domestic Battery Case?

Asked almost 2 years ago - Chicago, IL

My teenager was presented with the opportunity to go to join counseling with me my the State's Attorney, which they declined. I believed that she declined because she does not want the truth to come out. As a result, the State's Attorney gave me the lowest plea bargain available in a domestic battery case. I declined the plea bargain based my having a strong case to win at jury trial. At what point will a State's attorney determine to drop the case or proceed to jury trial?

Attorney answers (3)

  1. Judy A. Goldstein

    Contributor Level 20

    1

    Lawyer agrees

    Answered . If you think that the possibility of a jury trial is going to force the state to drop the case against you, you are seriously mistaken. If they do not believe they have a strong case, they would not be prosecuting you. You may disagree and demand a trial. That is the whole purpose of the trial system. If you have a strong defense and a good lawyer, be prepared to go to trial. Since you declined the state's offer, you may not get another chance at a reducer or light sentence.

  2. Peggy Margaret Raddatz

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . The state will not drop the charges against you because you asked for a jury trial. If they already offered you a plea and you turned it down i would be prepared to go to trial and be sure you have a good lawyer on your defense team. This is not a game. The state does not file charges against people if there is not case. Good luck to you.

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  3. Ahmed Rashid Motiwala

    Contributor Level 2

    Answered . I agree with Mrs. Raddatz. The state will not necessarily drop the charges. Where you are at this point, you should have an attorney represent your interests in this matter. This will allow that attorney to discuss the charges with the States Attorney to see if dropping the charges is a possibility, prior to the expense of a jury trial. Although I would not rule the States Attorney dropping the charges out completely, its a delicate situation, and being represented would give you a better chance of getting ahead of it. Feel free to contact my firm if we can be of assistance. Gregory & Lai, 847-756-4900, Ahmed Motiwala, Esq.

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