Wednesday, January 22, 2020

WHEN CAN A COURT DISMISS MY CRIMINAL CASE?

Criminal cases do not routinely get thrown out of court short of a plea agreement or trial. But the court can dismiss your case if it meets certain criteria.

A court may dismiss a case on any of the following bases:

  1. Your case did not go to trial within the time limits of the speedy trial act.
  2. Prosecution is barred by double jeopardy.
  3. You received immunity from prosecution.
  4. You were indicted by a grand jury that was not properly selected or certified, resulting in substantial injustice to you.
  5. The court does not have jurisdiction or the county is an improper place of trial.
  6. The charge against you does not state an offense. For example, the indictment omits an element of the offense charged.
  7. The indictment against you is based on testimony from an incompetent witness, for example, the witness is mentally ill.
  8. You are incorrectly named resulting in substantial injustice to you.
  9. Bail was not set or you were not indicted by a grand jury within certain time limits.

Apart from the above statutory grounds, the court may dismiss a case where there is a clear denial of due process which prejudices you. (See People v. Atchison and People v. Lopez.) Be aware, however, that whether a judge thinks your case meets the legal grounds for dismissal can be very fact specific and opinions can differ widely between judges. Therefore, an attorney who knows the courthouse may be better able to present your case in its most favorable light before your particular judge.

If you have been charged with a criminal offense, contact an experienced criminal law attorney immediately. If your case meets one of the above criteria, an attorney may be able bring a motion before the court seeking dismissal.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

See 725 ILCS 5/114-1.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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