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Kevin W. Lyons |
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State's Attorney |
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Q: What should I do if I am a victim of a crime and wish to pursue charges? A: If no arrest has been made as a result of the incident, you must first file a police report with the police agency in the jurisdiction in which the incident occurred before contacting the State's Attorney's Office. Once a police report is filed, the reporting agency forwards a copy of the report to the State's Attorney's Office. You may phone the State's Attorney's Office Charging Division to confirm that a copy of the police report has been received. If you want to pursue charges against the suspect, you will need to come to the State's Attorney's Office and complete/submit a charge form.
Please
note when coming to the State's Attorney's Office to file charges: Walk-in
times are Tuesday 1:00 pm - 4:30pm; Wednesday - Friday 9:00 am - 4:30 pm. If
the police have already made an arrest, you do not need to come to the State's
Attorney's Office immediately. You will receive a victim's letter in the mail
inviting you to come to the State's Attorney's Office to pursue charges.
If you receive a victim's letter, you do not have to submit a charge form.
If you are seeking compensation for any injuries or losses, you should bring
supporting documentation, if you have it.
Should the charging attorney conclude that enough evidence exists to prove the
charge(s) beyond a reasonable doubt, criminal charges may be filed. The State's
Attorney's Office cannot provide you with personal legal advice.
A: Only the State's Attorney's office can make the decision to drop or pursue charges. If you have received a "victim letter" and you do not wish to pursue charges, simply disregard the letter. If the case has already been charged you must contact the prosecutor handling the case. It is that prosecutor's decision on whether or not to pursue a charge. There may be serious consequences to you for your lack of cooperation. You should not assume that by ignoring correspondence or subpoenas a case will be dropped. Victims wanting to drop charges should fill out an Affidavit at the State's Attorney's Office requesting that the State's Attorney discontinue prosecution. Please note: Filling out an Affidavit does not guarantee the State will not continue charging a case.
A: The Illinois Constitution and Illinois statutes have provisions for victim's rights. The purpose of the Crime Victim's and Witnesses Act is to implement, preserve and protect the rights guaranteed to crime victims by Article I, Section 8.1 of the Illinois Constitution. This is to ensure that crime victims are treated with fairness and respect for their dignity and privacy throughout the criminal justice process and to increase the effectiveness of the criminal justice system by affording certain basic rights and considerations to the witnesses of violent crime who are essential to prosecution. Under this act, you are a crime victim if you are:
If you are a crime victim as defined above you shall have the following rights: (1) The right to be treated with fairness and respect for dignity and privacy throughout the criminal justice process. (2) The right to notification of court proceedings. (3) The right to communicate with the prosecution. (4) The right to make a statement to the court at sentencing. (5) The right to information about the conviction, sentence, imprisonment and release of the accused. (6) The right to the timely disposition of the case following the arrest of the accused. (7) The right to be reasonably protected from the accused through the criminal justice process. (8) The right to be present at the trial and all other court proceedings on the same basis as the accused, unless the victim is to testify and the court determines that the victim's testimony would be materially affected if the victim hears other testimony at the trial. (9) The right to have present at all court proceedings, subject to the rules of evidence, an advocate or other support person of the victim's choice. (10) The right to restitution.
A: We cannot prosecute cases without the cooperation of crime victims and witnesses. Your cooperation is necessary because we carry the burden of proof beyond a reasonable doubt.
A: No, you do not need to be present at every court appearance for the defendant. You are welcomed to attend any and all court appearances if you wish. You will be notified by our office when you are needed. If you have any questions about what will happen at a particular court appearance you may contact a victim/witness advocate at 309-672-6900.
A: The attorney for the defense has the right in a criminal case to interview all witnesses. However, whether or not you speak to a defense attorney is up to you. If you would feel more comfortable having the Assistant State's Attorney who is handling the case present, arrange to have him or her there during the interview. Do not feel obliged to sign or say anything without first speaking to the prosecutor who is handling your case.
A: An order of protection is a court order issued by a judge to a victim of domestic violence. It orders a person to stay away from the victim and stop any violence, threats of violence or any type of harassment. To be eligible for an order of protection the person must be a spouse, former spouse, roommate, family member or one whom you have dated. There is no cost for an order an order of protection and there is trained staff at the Peoria County Courthouse to assist you in filing the necessary paperwork. To seek an order of protection you may come in person to room G14 of the Peoria County Courthouse, 324 Main Street, Peoria, IL 61602 or call 309-672-6074.
A: The State's Attorney's Office represents the People of the State of Illinois in criminal matters. Our duty is to seek justice. We are not the lawyer for individual victims. Although we will seek restitution in appropriate cases the amounts recoverable may not equal a victim's total loss. If you feel that you need additional recovery or relief than what the criminal case can provide, you should consider consulting with private counsel. Although we cannot recommend specific lawyers our victim/witness staff will be happy to assist you in finding resources available to assist you.
A: The States Attorney's Office maintains an entire division to coordinate victim and witness issues. To speak with a victim/witness advocate, call 309-672-6900 and ask for a victim-witness advocate. In addition to our services, there are other agencies who have victim services. The Illinois Attorney General's Office Crime Victims Department can be contacted at 1-800-228-3368 and their web site http//www.ag.state.il.us for further information. The Illinois Department of Corrections offers some services for victims when the defendant is in the custody of the Department. Their website is http://www.idoc.state.il.us. The U.S. Department of Justice typically deals with victims of federal crimes and can be accessed at: http://www.ojp.usdoj.gov/ovc/.
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