Cops or lawyers, What are the charges?

Question

I live in IL. My roommate filed charges against her boyfriend for theft and domestic violence 2 weeks ago. He was released from the DuPage County Jail 2 days ago and is now coming to the house to visit her.

The case is still open, they are scheduled to go to court on September 3, 2008. She has done this before with him, filed charges against him, he goes to jail, but dropped the charges at the last minute when they went to the court date. Therefore the police and the district attorney have stated that if she didn't follow through with it this time they where going to charge her for filing false charges. Can they seriously do this to her? What are the charges and/or penalties she would be facing?

Serious answers with useful information will get the 10 pts.

Answer 1

Most jurisdictions have a charge related to filing a False Report...and it is likely that the DA's office will file charges if they believe they have probable cause. Your friend's history will count against her in this regard.

As for penalties, obviously she has to either plead, or be found guilty to get any penalty. I would imagine that the possibility of jail time would be low, most likely a fine and/or probation.

Answer 2

I hope they can charge her.  If he is hitting her she needs to leave him...for good. She doesn't need to take him right back and then drop charges. Please try to talk to her about this, instead of worrying if they can really charge her with anything.

Answer 3

Yes, they can charge her for filing false charges.  The penalty would be what the judge decides.  She really needs to get away from that guy....and seeing how you room with her, you need to be careful too!  Good luck!

Answer 4

I am confused.  First off, a victim of domestic violence CANNOT "drop charges" against an abuser.  Too often the abuser dominated the victim into submission and the victim would refuse to cooperate or follow through with trials.  Years ago the State took over prosecuting domestic assault cases.  Even if the victim fails to follow through, the state will.

On the other hand, if the victim is faking and that is proven, then the state can and probably will charge the victim with "Falsely Reporting a Crime".