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posted on 8/22/20

Innocent, hard-working families from Chicago and all over Illinois were devastated to learn that Cook County State’s Attorney Kim Foxx is dismissing a record number of felony criminal charges. Imagine losing your loved one to a violent murder, or being harmed in an aggravated assault, rape, or armed robbery, only to discover that the state of Illinois is dismissing charges against the perpetrator, letting him or her walk away without any consequences.

Cook County State’s Attorney Kim Foxx is under fire for doing just that. She recently announced she has dropped charges against 29.9% of felony defendants who are awaiting trial. As a result, over 25,000 defendants have seen their felony criminal charges reduced or dismissed.

Kim Foxx Alleges She is Dismissing Cases Against “Low-Level” Offenders

In response to criticism for dismissing so many felony charges, Kim Foxx is alleging that she has only dismissed charges for nonviolent offenders and low-level criminals. She claims that doing so allows prosecutors to concentrate on more serious violent crime. She also states that dismissing charges is an ethical obligation in many cases, citing alleged torture of people by Chicago police officers for the sake of securing false confessions.

Fact-Checking Kim Foxx’s Claims

Her claims are not totally accurate, according to the Chicago Tribune. The newspaper conducted an investigation and reported that Foxx has dismissed the following types of charges:

  • Murder
  • Shooting another person (assault with a deadly weapon)
  • Aggravated battery with a firearm
  • Sex crimes, including rape and sexual assault
  • Assault on police officers
  • Serious drug offenses that are linked to violence on the streets of Chicago

Specifically, she has dropped 8.1% of the County’s homicide cases, and 9.5% of the county’s felony-level sex crimes, which are the most severe types of sex crimes.

Kim Foxx Refuses to Prosecute Some Felonies but Not Others

Last summer, a Cook County judge appointed a special prosecutor to investigate Foxx’s dismissal of some claims, but not others. Foxx’s handling of the Jessie Smollett case has been a red flag that her actions are politically motivated and severely biased. While she has dropped 8.1% of homicide charges, she also dismissed all 16 felony charges against Smollett for faking a racist and homophobic attack on himself in Chicago. A grand jury ended up indicting Smollett on new charges that are basically identical to those dropped by Foxx.

Victims’ Rights Laws in Illinois

Victims of crimes have rights in Illinois, particularly the right to be “reasonably protected from the accused through the criminal justice process.” They also have the right to be present at all court proceedings and the right to make an impact statement about how the crime has hurt them. Kim Foxx appears to be violating the rights of victims of crimes throughout Illinois by dismissing serious criminal charges.

Contact Our Experienced Lawyers

When you need an attorney, experience matters. If you are the victim of a crime and the charges against the perpetrator have been dismissed, you may have a right to bring a civil action against Cook County. When you need an attorney, experience matters. Contact us today to schedule your initial consultation.