Criminal Nuggets...

Kane County State's Attorney Podcast

Dismissed With Prejudice In Illinois

March 29, 2020 By Arthur McGibbons

Dismissed With Prejudice

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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Filed Under: Dismissal

Nolle Prosequi What Does It Mean?

March 28, 2020 By Arthur McGibbons

Nolle Prosecui Is An Illinois Motion To Dismiss A Criminal Charge.

The term nolle prosecui is Latin. It literally means…

unwilling to pursue.

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Filed Under: Dismissal

Motion To Dismiss In A Criminal Case

March 18, 2020 By Arthur McGibbons

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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Filed Under: Dismissal

Illinois Custodial Sexual Misconduct Statute Bread Down With Michael Wepsiec

November 12, 2019 By Arthur McGibbons

Episode 698 (Duration 29:54). Attorney Michael Wepsiec of Murphosboro, Illinois deconstructs the custodial sexual misconduct criminal law statute.

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Filed Under: Dismissal

What To Do About Fatally Flawed Criminal Charges: Alan Downen Interview

October 1, 2019 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.

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Filed Under: Dismissal, Indictment

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