Kane County State's Attorney Podcast
By Arthur McGibbons
Illinois law is clear that the State may dismiss a charge “with prejudice” and that the effect of the State’s doing so is to subsequently bar the State from prosecuting the same defendant for the same offense based on the same facts. See People v. Gill, 379 Ill. App. 3d 1000 (2008); People v. Creek, 94 Ill.2d 526, 531 (1983).
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The term nolle prosecui is Latin. It literally means…
unwilling to pursue.
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In a criminal case a defendant may file a motion to dismiss the charges. Although rarely granted, a defendant has the right to file the motion and make an argument for dismissal under certain conditions.
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Episode 698 (Duration 29:54). Attorney Michael Wepsiec of Murphosboro, Illinois deconstructs the custodial sexual misconduct criminal law statute.
By Arthur McGibbons
People v. Rowell, 229 Ill. 2nd 82 (May 2008). Episode 686 (Duration 31:58)
What’s the best way to handle legally insufficient criminal charges? In this episode you get a feel for what it’s like working in the criminal law.