Re-instatement of battery & property damage charges after case has been dismissed

This is a discussion on Re-instatement of battery & property damage charges after case has been dismissed within the Trials & Sentencing forum, part of the Other Criminal Law Matters category; I live in IL & was arrested for battery &property damage in July. The defendant did not press charges or ...

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Old Nov 20th, 2010, 04:57 AM   #1
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Confused Re-instatement of battery & property damage charges after case has been dismissed

I live in IL & was arrested for battery &property damage in July. The defendant did not press charges or submit a damage estimate. He had his lawyer, who is his cousin, brought in on my behalf to have the State's Attorney's charges dropped, which they were. It was all dismissed. I have given the former defendant money for over half of the damages but have not been able to finish paying yet. Now that the relationship is over, he is threatening that his lawyer is going to have the charges re-instated, that I will be re-arrested and put back in jail for the property damage charges, and that I will have a record. Is this possible or is this angry empty threats?
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Old Nov 20th, 2010, 05:02 AM   #2
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Default Re: Re-instatement of battery & property damage charges after case has been dismissed

I wish to inform you that if the charges against you were dismissed in court then the other party cannot bring a lawsuit again as it will amount to double jeopardy. In this regard, no person can be put to prosecution again for the same offence. Principle of double jeopardy prohibits it and in case charges are again filed against you then you may take benefit of principle of double jeopardy.

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Old Nov 20th, 2010, 05:12 AM   #3
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Confused Re: Re-instatement of battery & property damage charges after case has been dismissed

Thank you very much. The case was "not prosecuted." It's unnecessary, but if the former defendant wishes to take me to court, I was assuming it would have to be civil court. Is it possible that this case was deemed "not prosecuted" and is still open to charges being pressed?
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