The process starts when a citizen contacts the State’s Attorney’s Office and wants to pursue criminal charges against another individual.
First – the citizen must make a report to the law enforcement agency where the alleged crime occurred. If a report has not been made, this office shall direct them to the appropriate law enforcement agency to make the report. A police report is necessary prior to charges being filed.
Second – if they have completed a police report, they will then need to come to the State’s Attorney’s Office.
Third – when the citizen arrives at the State’s Attorney’s Office, they will complete the Walk-In Data form. The form must be completed, including the written statement portion of the form, as well as contact information. The form must be signed before it will be reviewed for charges.
Fourth – unless this is a crime of violence, the police report will be requested and the case will be reviewed by an Assistant State’s Attorney. Once the case is reviewed, the Assistant State’s Attorney will contact the citizen and inform them of the charging decision or if additional information is needed. It may take several days before a charging decision is made.
Fifth – if the case involves a crime of violence, and requires immediate attention, a police report still needs to be completed. Those cases may require priority review by an Assistant State’s Attorney. The Assistant State’s Attorney will coordinate with the Victim/Witness Advocate and the law enforcement agency conducting the investigation.
Once a charge is filed, there may be several court dates before the case is either resolved by a plea of guilty or a trial. The Kendall County State’s Attorney’s Office will keep you informed on the status of the court case and is dedicated to providing victims with the best service possible.
Please remember that not all complaints will result in criminal charges being filed. It is the duty of the State’s Attorney to not only prosecute criminal cases; but to seek justice. Many times disputes may not be criminal but rather civil in nature. Please consult with a private attorney if you have additional legal questions regarding a potential civil matter.