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  1. #1

    Default Nolle Prosse

    My question involves criminal law for the state of: Illinois

    I was charged with a felony destruction of property after some damage was done in my friends neighborhood. I didn't do it, and as such the state had very little evidence to convict me. I did have a co-defendant, who also had 4 other different criminal charges going on at the time. After over a year in court, the third attempt at a trial came and the states witnesses didn't show up again. Rather than continuing the case again, my co-defendant accepted a plea to a misdemeanor for the property damage along with getting some of his other charges dropped. Part of his plea agreement was that I would walk.

    I got my court records from my lawyer today and it says that I was dismissed nol pros. From what I understand, that the state can re-instate the charges back. My question is if there is a time limit on this. I don't want to wait 5 years and then they charge me with it again. Is there a statute on this?

    Also, what is the probability that I can sue them for malicious prosecution. I had to pay around $10,000 for my lawyer, and I made about 12 court appearances. The whole time I was scared of getting a felony conviction. If I attempted to sue would they re-instate the charges right away to get back at me?

  2. #2
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    Default Re: Nolle Prosse

    What would be the grounds for malicious prosecution?

  3. #3
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    Default Re: Nolle Prosse

    For most Illinois felonies, the statute of limitations appears to be three years.

  4. #4

    Default Re: Nolle Prosse

    Quote Quoting Dogmatique
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    What would be the grounds for malicious prosecution?
    The fact that after all the bullshit the DA put me through, he ended up letting me go.

    Quote Quoting Mr. Knowitall
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    For most Illinois felonies, the statute of limitations appears to be three years.
    Where did you get this information?

  5. #5
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    Default Re: Nolle Prosse

    Read this, esp. subsections 5/3-5 and 5/3-7.

    Getting a dismissal falls far short of what it takes to establish a case for malicious prosecution.
    Quote Quoting Lyddon v Shaw, 56 Ill. App.3d 815, 372 N.E.2d 685 (1978) - Elements of Malicious Prosecution
    Under Illinois law, a complaint for malicious prosecution must allege five distinct elements: (1) institution and prosecution of judicial proceedings by the defendant; (2) lack of probable cause for those proceedings; (3) malice in instituting the proceedings; (4) termination of the prior cause in plaintiff's favor, and (5) suffering by plaintiff of some special injury, beyond the anxiety, loss of time, attorney fees, and necessity for defending one's reputation, which are an unfortunate incident of many (if not most) lawsuits. (E.g., Madda v. Reliance Insurance Co. (1977), 53 Ill. App.3d 67, 70.)

  6. #6

    Default Re: Nolle Prosse

    Quote Quoting Mr. Knowitall
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    Read this, esp. subsections 5/3-5 and 5/3-7.

    Getting a dismissal falls far short of what it takes to establish a case for malicious prosecution.
    Thanks for the info. Unfortunately there is no mention of the limitation when it comes to destruction of property crimes. I guess i'll drop the malicious prosecution ideas, even though this entire charge was bullshit.

  7. #7
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    Default Re: Nolle Prosse

    There's a general provision, in addition to the specific provisions.
    Quote Quoting 720 ILCS 5/3‑5(b)
    Unless the statute describing the offense provides otherwise, or the period of limitation is extended by Section 3‑6, a prosecution for any offense not designated in Subsection (a) must be commenced within 3 years after the commission of the offense if it is a felony, or within one year and 6 months after its commission if it is a misdemeanor.

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