▼

State’s Attorney

Show All Answers

1. How does a criminal charge get filed?

In the case of a felony, the LaSalle County State's Attorney Felony Review Division prosecutors review information supplied by the investigating police department and determines which criminal charges best apply under the Illinois Compiled Statutes for Criminal Law.

Misdemeanor charges are determined by the investigating police department, except in certain situations where they are reviewed by the State's Attorney's Office. As misdemeanor cases are being prosecuted, the assistant state's attorney on the case may file different or additional charges.

2. What do I do if I am a victim of a crime?

Immediately report the crime to your local police or the Sheriff's Department.

The police will ask you questions regarding the incident and will then prepare a police report. The sooner you make the report the better the chances are that law enforcement officials can collect the evidence necessary to prosecute the crime.

3. What is a felony?

A felony is a more serious criminal offense that upon conviction carries a possible sentence of imprisonment with the Illinois Department of Corrections.

Initially, a date is set to determine whether or not there exists probable cause to believe the defendant committed the offense. The State either presents evidence of probable cause to a grand jury made up of sixteen citizens, or to the judge in a preliminary hearing.

• If there is a finding of probable cause, the case is set for arraignment. at which time the defendant is formally charged with a criminal offense and is called upon to plead guilty or not guilty.
• If the defendant pleads Not Guilty, a trial date is set. Felony cases do not always go to trial and may be resolved by a plea of guilty before trial.
• A misdemeanor is a criminal offense that carries a maximum sentence of county jail time and fines upon conviction.
• In a misdemeanor case, the defendant will plead guilty or not guilty during the first court appearance.
• If there is a Not Guilty plea entered, a date is set for a status hearing. Many cases are resolved prior to trial.
• If a resolution does not occur prior to trial, the case is set for trial, and witnesses and victims are notified to appear if the testimony is needed.

4. What is the difference between a criminal case and a civil case?

There is a difference in the law between civil and criminal cases.

The main differences are that imprisonment is not a remedy in a civil case and the burden of proof is greater in a criminal case.

In a civil case. the plaintiff need only prove his/her case by a preponderance of the evidence. Such a case can be filed even though the police and the State's Attorney feel there is insufficient evidence to prove a criminal case beyond a reasonable doubt.

Examples of cases that cannot be charged by the State's Attorney include those situations in which someone owes you money and has refused to pay you back. To most people, this behavior is theft and the person ought to be charged with a crime. However, the law requires that the State prove that the person had the criminal intent to deprive at the time the person took possession of the money.

In most cases, this element is missing. Without evidence of criminal intent, the State's Attorney would be unable to prove a criminal case beyond a reasonable doubt. In such a case, a small claims case can be filed in order to resolve the matter.

5. Are defendants required to attend all court dates?

Yes, unless their presence on a particular court date has been waived (excused) by the judge.

6. Are crime victim(s) or witnesses required to go to all court dates?

No. Victims and lay witnesses will be notified by subpoena to testify if the case goes to trial or contacted if there is a hearing requiring their presence. It is very important you notify the State's Attorney's Office of any changes in address or phone numbers from the time of the original police report.

7. Can victims attend court dates?

Yes. Courtrooms are open to the public with the exception of the juvenile court. Victims are welcome to attend court proceedings; however, their presence is not required at all court dates. Victims will be subpoenaed or notified if their testimony is needed. Since victim presence is not required on all court dates, it is suggested victims call the working day before attending court to check if the case is still scheduled. Call the State's Attorney's office at 815-434-8340, if you do not know the assigned prosecutor or victim coordinator and ask for Katy Gapinski. Please have the name of the defendant and case number available.

8. What do I do if I receive a subpoena to testify?

To determine whether your testimony will be needed, you should call the LaSalle County State's Attorney's Office at 815-434-8340 and speak to either the prosecutor or the victim-witness coordinator assigned to the case or courtroom. When you call, have the subpoena because it contains the defendant's name, case number, and courtroom. and other important information. If you are needed to testify, the State's Attorney's Office will work with you as best possible to keep to a minimum your time away from work, school, or other obligations. If you receive a subpoena and do not make direct contact with the prosecutor or assigned coordinator, then you must appear at the date and time the subpoena indicates.

9. What time does court start?

Court usually begins at 9 am. Lunch breaks are generally from noon to 1 pm. Hearings and Bench Trials typically begin at 11 am or 1 pm. Court hearings can be specially set by the court and vary in time. If you plan to attend any court dates it is suggested you call the LaSalle County State's Attorney's Office one working day before with the defendant's name and case number to check on the courtroom, time, and date. If there is a victim-witness coordinator assigned to the case it is best to check in with the coordinator. If they are aware you plan to attend the court date, the coordinator may be available to give additional assistance.

10. Can the State’s Attorney help me collect child support?

Pursuant to the Non-Support Punishment Act, 750 ILCS 16/1 et seq., the LaSalle County State's Attorney's Office may initiate claims for payment of court ordered child support when the payor is a minimum of three months or more behind in child support payments.

Child support claims prosecuted by this office are limited to those cases that have been previously adjudicated in the Thirteenth Judicial Circuit Court of LaSalle County and to cases wherein both parties to the action reside within the State of Illinois.

This office does have the ability to garnish employment wages, but does not have the legal authority to garnish income tax returns or unemployment wages.

The primary child support agency within the State of Illinois is the Department of Healthcare and Family Services whose cases are prosecuted by the Illinois Attorney General's Office. These State agencies have the ability to garnish income tax returns, unemployment wages and employment wages, and to handle all cases where one of the parties resides outside of the State of Illinois.

Contact with the Department of Healthcare and family Services for child support services may be made by:
Phone: 800-447-4278

Visit the Division of Child Support Enforcement
DCSE Field Staff LaSalle County
690 Centennial Drive
Ottawa, IL 61350

11. What is a bond hearing?

A bond hearing is held after the defendant is arrested. The judge determines whether the defendant is a danger to society and/or whether he/she will return to court for future court dates. The more serious the charge the higher the bond usually is. Once the bond amount is set, the defendant can post 10% to be released from custody. For example, a $10,000 bond would require posting $1,000 to be released. The court can impose specific conditions be placed such as a curfew, no contact with the victim, etc. Although a bond is usually set in the early stages of the criminal case, the defense can ask for a bond review or modification of the bond on future court dates.

12. How can I find out if the defendant is in custody?

Contact the LaSalle County Jail directly at 815-434-8383 to check on custody status or register with Automated Victim Notification System (AVN). The AVN automatically notifies registered citizens/victims by phone or email of a defendant's release or custody status 24 hours a day, seven days a week. To register go online or call toll-free 866-5-notify (866-566-8439), or TTY 866-502-2423.

13. Who determines the bond amount?

The judge determines the amount of the bond. The prosecutor can request the judge to consider a high bond or request placing special conditions on the bond should the defendant be released from custody, such as no contact with victims, curfew, random drops, etc. Ultimately though, these decisions are up to the judge.

14. What should I do if the defendant violates bond by contacting me?

Call the police and make a report. This is to document what occurred, place, time, who was present, and what was said if anything. Be sure to tell the reporting police officer that you are a victim in a pending criminal case and the defendant is out on bond with a no-contact condition of that bond. Give the officer the name of the prosecutor handling the case. Next contact the prosecutor or victim-witness coordinator assigned to your case. A violation of the bond could result if the defendant's bond is raised or revoked at the next court appearance.

15. What is a domestic order of protection?

A domestic order of protection is one tool that can help a victim of domestic violence gain independence and stop the abuser from hurting the victim or children. An order of protection and a condition of bond is two separate remedies. For assistance obtaining a domestic order of protection please contact: ADV/SAS at 800-892-3375. If there is a pending criminal case please contact the victim-witness coordinator assigned to your case to assure you are aware of the status of the criminal case and notify her of any changes in address or contact information.

16. Who is eligible for a domestic order of protection?

Any family or household members related by blood, or by current or former marriage, share or formerly shared a common dwelling (home), have or allegedly have a child in common, share or allegedly share a blood relationship through a child, have or had a dating or engagement relationship, are a high-risk adult with disabilities who is abused by a family member or car-giver.

17. What do I do if my domestic order of protection is violated?

You should immediately call the police and file a police report. If there is a pending criminal case you should also notify the victim-witness coordinator and prosecutor assigned to your criminal case.

18. Can I drop charges against the defendant/offender?

No. In criminal prosecutions, the case has been captioned the People of the State of Illinois vs the Defendant. The prosecutor takes into consideration what the victim would like to see happen in a criminal case, but the prosecutor, who is obligated to protect society, makes the final decision about whether a case proceeds or not.