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My husband was arrested for a simple assault. I want to drop charges but the state picked it up what shoulod I do?

Chicago, IL |

I don't want him locked up we both have been through a lot and was upset.

Attorney Answers 2


  1. No citizen can "drop charges" because only the prosecutor can bring or dismiss criminal charges. The government as representative of all of us citizens has a keen interest in domestic violence cases, and victims attempt to recant all the time. The prosecutor will proceed with the case if there is sufficient evidence to convict.

    You need to cooperate and remain truthful. As a citizen and victim of domestic violence that is your role. Let others do their role in the process.

    God bless you, I hope you are okay from the assault, and good luck.

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  2. The only charge is assault and your husband is locked up? Assault is a Class C misdemeanor which carries up to 30 days in jail (15 actual days with good behavior). Only the State can drop charges but I don't know how much they will press this case if your husband demands a trial. On the other hand, if your husband is in jail for a Class C misdemeanor I'm of the belief that he has an awful criminal history so they might be hot for a conviction. Your husband is sure to sit longer than 30 days awaiting his trial if unable to post bail. (The Speedy Trial time limit is 120 days for defendants in custody).

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