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

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?

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Attorney answers 3


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.



Judy, They offerred a reducer. Dropped the domestic battery to mstmnr & no penality fees ($). Their case is weak.

Judy A. Goldstein

Judy A. Goldstein


You are taking a huge risk. They offered a plea is simple battery or other similar Class A. If you lose at trial, you will be convicted of domestic battery which carries a number of serious consequences which will be lifetlong. As the defendant, you are the only person in a position to choose but many people are unwilling to take that risk on general principal. Get a lawyer if you do not have one. Discuss the entire case with your lawyer.


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.

IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO because Avvo awards the attorney points. This information is provided by PEGGY M. RADDATZ, Attorney At Law as a pro bono service. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about.


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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