Asked on Feb 03rd, 2020 on Criminal Law - Illinois
More details to this question:
My wife made a bad decision & stole money from her job. & was arrested. She received a "notice to appear. Went to court & her name wasnt even on the docket. they said no charges have been pressed & she will receive something in the mail. It's been over a month & a half. Does this mean there is an ongoing investigation? Or that they're not going to proceed with the charges? She's never been in trouble before. She did it because we were in the process of being evicted. I KNOW THAT DOES NOT JUSTIFY her doing it. Just curious as to what you think is happening?
She should see an experienced criminal defense attorney along with all of her paperwork, including that notice to appear you mentioned. Without seeing the paperwork, it's hard to say much more for sure.
The Clerk's Office for the County where this happened should be able to do a name search on her to see if there are charges pending. For many counties, this can be done online. For Cook County, one must go to the Clerk's Office to see for one's self.
It could be that there's been a paperwork snafu and that the investigation is ongoing. It could also be that your wife received the wrong court date or the mailing got sent to the wrong address.
I wouldn't wait for something in the mail or someone to approach your wife. If one does, she should assert her right to remain silent and her right to a lawyer to be present during any questioning for any question except what her name and other personal information like address.
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