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Alternative Prosecution Programs

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1. How can a defendant apply to the Alternative Prosecution Program?

A referral may be made by a Judge, State’s Attorney, Private Attorney, Public Defender, or Police Officer. The request for a program application will usually be made at the defendant’s first court appearance.

2. What is the cost of applying to the Alternative Prosecution Program?

An applicant must pay a $70 non-refundable application and drug testing fee. A positive drug test will not keep a defendant out of the program.

3. What happens after the fee is paid for the Alternative Prosecution Program?

An applicant must schedule an interview with an Assistant State’s Attorney. If the defendant is not rejected after this meeting and if the applicant meets all the necessary requirements for acceptance into the program, a meeting with Alternative Prosecution Citizen’s Panel will be scheduled.

4. Under the Alternative Prosecution Program, when is the next court date?

After the Assistant State’s Attorney reviews the file, and if the applicant is accepted into the program, the defendant will sign a program agreement, and plead guilty in open court at the next scheduled court date.

5. Are there additional fees for the Alternative Prosecution Program?

Yes, the defendant will be assessed additional fees and will be ordered to pay any outstanding restitution.

6. How long does it take to complete the Alternative Prosecution Program?

The program will last approximately one year.

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Attending Court

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1. Are defendants required to attend all court dates?

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

2. Are crime victims or witnesses required to go to all court dates?

No. Victims and 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.

3. Can victims attend court dates?

Yes. Courtrooms are open to the public with the exception of juvenile court. Victims are welcome to attend court proceedings but 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 847-377-3000. If you do not know the assigned prosecutor or victim specialist, please have the name of the defendant and/or case number available.

4. How do I find out the next court date?

Contact the Lake County State’s Attorney's Office 847-377-3000 and request to speak with the assigned victim specialist or prosecutor of the case. If you do not know who the victim specialist or prosecutor is on the case, please have the defendant’s name and/or case number when you call. If you do not have a contact person at the State’s Attorney's Office, ask to speak to the Chief of Victim Services, Jacqueline Herrera-Giron. 

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

To determine whether your testimony will be needed, please call the State's Attorney's Office at 847-377-3000 and ask to speak to the prosecutor or the victim specialist assigned to the case. When you call, have the subpoena at hand because it contains the defendant’s name, case number, courtroom, and other important information you will need. If you are needed to testify, the State’s Attorney’s Office will work with you as best as 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 our office, then you must appear at the date and time the subpoena indicates.

6. What time does court start?

Court usually begins at 9 a.m. Lunch breaks are generally noon to 1:30 p.m. Court hearings can be specially set by the court and vary in time. If you plan to attend any court dates, please call the Lake County State’s Attorney's Office one working day before the court date with the defendant’s name and case number to check on the courtroom, time, and date. If there is a victim specialist assigned to the case, check in with them. If they are aware you plan to attend the court date, the victim specialist may be available to give additional assistance. 

7. Where do I park when I come to the court house or Lake County State’s Attorney's Office?

There are two main parking facilities near the Courthouse and Lake County Administration Building. Both parking facilities must be entered through County Street. One lot is attached on the north side of the 10-story Lake County Administration Building. Public parking is on the ground level. If this lot is full go half block further north on County Street and park in the red brick city facility on the east side of County Street. Please bring your parking vouchers inside with you. 

8. Will I have to testify in court?

Your testimony may be required during a trial, or possibly at another type of hearing. However, only a small percentage of criminal cases actually go to trial. The majority of defendants eventually admit guilt in criminal cases and plead guilty. Usually, this occurs in one of two different ways: in a negotiated plea, the prosecutor and the defense agree to a sentence, and they present the plea to the judge for approval. Alternatively, defendants sometimes simply plead guilty and the judge determines the sentence. If the defendant maintains his or her innocence in court and requests that the State prove criminal charges at trial, then victims and witnesses are subpoenaed to testify in court. Even if there is no trial, however, witness testimony is sometimes necessary or appropriate. For example, if the defendant pleads guilty to a crime, the victim of a violent crime may want to present a victim impact statement at the time of the plea or at the sentencing hearing. Another time witness testimony may be necessary is at a restitution hearing. Restitution hearings are sometimes necessary to determine the amount of out-of-pocket medical expenses or other damages that a defendant caused a victim to incur.

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Child Support

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1. My ex-spouse will not comply with the custody/visitation order, what should I do?

The Lake County State’s Attorney’s Office does not represent parties in divorce or family cases and cannot provide you legal advice on this issue.

If you do not already have an attorney and are seeking assistance in locating one the Lake County Bar Association (LCBA) has a lawyer referral service that may be able to assist you in finding an attorney that practices in the area of family law . The LCBA can be reached at 847-244-3143. Or, if you would like to proceed with the issue on your own, you may find the Nineteenth Judicial Circuit Court’s Center for Self-Representation helpful. More information on the Center for Self-Representation can be found on the 19th Judicial Circuit Court's webpage.

2. My ex-spouse will not comply with the terms of the divorce order, what should I do?

The Lake County State’s Attorney’s Office does not represent parties in divorce or family cases and cannot provide you legal advice on this issue.

If you do not already have an attorney and are seeking assistance in locating one the Lake County Bar Association (LCBA) has a lawyer referral service that may be able to assist you in finding an attorney that practices in the area of family law . The LCBA can be reached at 847-244-3143. Or, if you would like to proceed with the issue on your own, you may find the Nineteenth Judicial Circuit Court’s Center for Self-Representation helpful. More information on the Center for Self-Representation can be found on the 19th Judicial Circuit Court's webpage.

3. What is the role of IDHS?

Please see the Role of IDHS webpage on our site.

4. What is the role of the Lake County State’s Attorney’s Office?

Please see the Role of the State's Attorney's Office webpage.

5. Who collects the money owed and sends me a check?

After an order of support has been entered, an order/notice to withhold income for child support will be served on the noncustodial parent’s (NCP’s) employer. The support will be taken out the NCP’s paycheck and forwarded to the Illinois State Disbursement Center in Carol Stream, Illinois. If the NCP does not receive a paycheck they will be required to send child support payments to the State Disbursement Center directly. The State Disbursement Center will disburse the money to the proper party. Child support must be paid through the State Disbursement Center and should not be sent directly to the custodial parent.  The State’s Attorney’s Office is not involved with receiving of or distributing child support monies.

6. What happens when payment is not being made?

Please see our Missed Payments webpage.

7. What if I need to get my child support payment changed?

Please see our Changing Payments webpage.

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Court Proceedings and Definitions

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1. What is a public defender or defense attorney?

A defense attorney represents the defendant (the person accused and charged with the crime), and the interests of the defendant in a criminal case. A public defender is a court appointed defense attorney for defendants who can not afford to hire an attorney. 

2. Who is the defendant/offender?

The defendant is the individual who is accused of committing a crime and is being charged with the offense/crime that is being prosecuted in criminal court. 

3. What is a bond hearing?

A bond hearing is held after the defendant is arrested. A 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 the person in custody posting $1,000 to be released. The court can impose specific conditions be placed on the defendant’s bond such as a curfew, no contact with the victim, etc. Defendants out on bond are monitored by Lake County Pre-trial Services. Although bond is usually set in the early stages of the criminal case, the defense can ask for a bond review or modification of bond on future court dates.

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

Criminal charges result after an individual commits a crime. They are prosecuted by the State of Illinois in the criminal courts. It is the State of Illinois vs. the defendant. If found guilty, the court determines what punishment the defendant is going to face as a result of the crime. The criminal case is not attached to civil cases; they are two separate actions. A civil case is held in civil court, and both parties usually hire their own attorneys to determine monetary remedies. 

5. What is a preliminary hearing?

In felony cases, a preliminary hearing is held in open court to determine if there is “probable cause” (enough to charge the person) with criminal charges. A police officer will briefly testify, and the Judge determines if the State’s Attorneys Office has enough to charge the defendant with the requested charges. 

6. What is a Grand Jury?

The Grand Jury is a group of citizens selected from a jury pool that listens to a brief testimony to determine if the State of Illinois has enough “probable cause” to charge a person with criminal charges. The Grand Jury is a closed proceeding unlike a preliminary hearing. It is usually reserved for serious felony cases. This is not a proceeding to determine guilt or innocence. It is merely to determine probable cause to charge the offender with a crime. 

7. What is an indictment?

An indictment is when the Grand Jury finds probable cause to charge the defendant.

8. What is an arraignment?

An arraignment is a court hearing where the defendant is present, formally charged with the crime, and informed of their legal rights. Most defendants charged with violent felony crimes will plead not guilty initially at the arraignment date and be given future court dates to appear. 

9. What is a pre-trial?

A defendant can have several pre-trial dates. These are status dates that allow both the prosecution and defense to exchange paperwork and information in an effort to get closer to a resolution through a change of plea or eventually, going to trial.

10. How can an offender plea not guilty if he/she made a statement to the police or there are witnesses to the crime?

Our Constitution was written to protect the innocent that may be accused of a crime. Although an offender may have witnesses against them or made a statement to the police, they still have a right to a fair trial. At trial, the State of Illinois is required to show the evidence and testimony proving beyond a reasonable doubt the defendant's guilt. All offenders accused of a criminal act regardless of witnesses or evidence against them, are viewed innocent by the criminal court until they either plea guilty in court or are proven guilty by trial. 

11. Who decides if the defendant pleas guilty or goes to trial?

The decision is the defendant's to make. They have the right to go to trial. If the defendant chooses to go to trial, it is the defendant’s choice whether it is a trial by jury (12 people) or a bench trial, (judge decides the verdict). 

12. What is the purpose of a trial?

The purpose of a trial is to determine whether or not the defendant is guilty or not guilty of the charges filed against him/her. If the defendant were to plea guilty, a trial does not happen. It is the decision of the defendant whether it is a trial by jury (12 people selected from the jury pool of citizens on jury duty) or a bench trial (Judge only, no jury). If trial by jury, the jury decides guilt or innocence of the defendant. A finding of guilt beyond a reasonable doubt has to be a unanimous vote by all 12 jurors. The jury is then released. The Judge who presides over the jury trial determines the sentence on a later date. If a verdict of not guilty is found, the case ends there and no further court hearings are needed. 

13. What is a sentencing hearing?

A sentencing hearing is scheduled after a defendant either pleads guilty, changes his plea from a not guilty to a plea of guilty, or after a jury finds the defendant guilty of the charges. At the sentencing hearing, the Judge determines what is going to happen to the defendant as a result of committing the crime. Sentences can vary depending on the crime committed and a variety of factors are taken into account. Violent crimes victims have the right to present a victim impact statement during the hearing.

14. What is a pre-sentence investigation (PSI)?

The pre-sentence investigation is like a biography on the defendant’s life and criminal history. It is a confidential report that only the prosecutor, defense attorney, and judge is allowed to read. The report is written by a special unit in the Lake County Probation Department and may contain a victim analysis section summarizing the impact the crime had on the victim(s).

15. What is a negotiated or plea agreement?

A plea agreement is when both sides, the prosecution and the defense, agree that the defendant will voluntarily give up their right to a trial and admit their guilt by pleading guilty to the criminal charge(s) before the judge. In doing so, the defendant will be agreeing to all the conditions set out in the plea agreement. The Judge can either accept the plea agreement or reject it. If the defendant pleas guilty there would not be a trial to determine guilt or innocence. 

16. What is the difference between a misdemeanor and a felony?

The main difference or impact on the defendant is the sentencing range. A misdemeanor maximum time is served in the local jail. A felony maximum time can be incarceration in the Department of Corrections (prison). A convicted felon may be excluded from certain jobs.

17. What happens if the defendant is sentenced to the Department of Corrections (prison)?

The defendant will be transported to prison from the Lake County Jail. Inmates in prison can be tracked on the Illinois Department of Corrections website. It will show which prison facility the offender will be housed, which county he was sentenced in, and his tentative release date will be posted. You can also request in writing to be notified of the defendant’s status, or sign up with the automated victim notification system to be notified of changes in the inmate status. 

18. How much of the sentence will a defendant have to actually serve?

Each sentence varies depending on the crime. Additionally, offenders can receive credit for time served while in custody awaiting disposition. Most crimes are served at 50%. Some violent crimes are served at higher percentages. First degree murder is the only crime that is served at 100% of the sentence. It is best to get a full explanation of potential incarceration time from the prosecutor who handled the case. 

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Domestic Violence & Orders of Protection

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1. 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. Give the officer the name of the prosecutor handling the case. Next, contact the victim specialist assigned to your case. A violation of bond could result in the defendant’s bond being raised or revoked at the next court appearance. 

2. 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 them or any children involved. An order of protection and condition of bond are two separate remedies. For assistance obtaining a domestic order of protection, please contact A Safe Room/D100 at 847-360-6471. If there is a pending criminal case, please contact the victim specialist assigned to your case to assure you are aware of the status of the case. Make sure to notify the victim specialist of any changes in address or contact information. 

3. Who is eligible for a Domestic Order of Protection?

Any family or household members related by blood, 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 high risk adult with disabilities who are or have been abused by a family member or car-giver, are all eligible. 

4. 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 specialist or prosecutor assigned to your criminal case.

5. What is Domestic Violence?

Domestic violence happens when one partner or family member attempts to gain power and control over the other by using various forms of abuse. These unhealthy relationships can include physical, emotional/psychological, verbal, economic, and/or sexual abuse.

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

No. In criminal prosecutions, the case is 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.

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Felony Alternative Prosecution Program

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1. How can a defendant apply to the Alternative Prosecution Program?

A referral or a request can be made by a Judge, the State’s Attorney’s Office, a Public Defender, or a Private Attorney. If deemed an appropriate candidate by the State’s Attorney’s Office, the defendant will be asked to fill out and submit a Program application. 

2. What is the cost of applying to the Alternative Prosecution Program?

An applicant must pay a $70, non-refundable application and drug testing fee. 

3. What happens after the fee is paid for the Alternative Prosecution Program?

An applicant must schedule an interview with an Assistant State’s Attorney. Prior to the interview, the applicant must pay the application fee and take an initial drug test. A positive drug test will not, on its own, prevent an applicant from being accepted into the Program. 

4. If accepted into the Alternative Prosecution Program, what happens next?

The applicant’s case will be given a court date in the assigned APP courtroom. At that time, the APP agreement will be entered in the court. The defendant will be required to adhere to all of the terms of their agreement and complete all necessary obligations, including submitting a monthly check-in form to the State’s Attorney’s Office and coming to court when requested. 

5. Are there additional fees for the Alternative Prosecution Program?

Yes, the defendant will be assessed additional fees and court costs, as well as be ordered to pay any restitution, if applicable. 

6. How long does it take to complete the Alternative Prosecution Program?

The Program lasts approximately one (1) year. 

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Investigations & Charging

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1. What do I do if I believe I have just been a victim of a crime?

Get to a safe place and immediately call 9-1-1 or the police department in the town in which the crime occurred. File a police report giving as many details as possible about what occurred, when, where, who was present, what was said, how you can be contacted, etc. The police will investigate the crime and will bring it to the attention of the Lake County State’s Attorney’s Office for possible criminal charges. Then, the police will make an arrest, if appropriate. Always call the police first. 

2. Who investigates a crime?

The police department in the jurisdiction where the crime occurred investigates the crime. When the police believe they have enough evidence to make an arrest, they bring the information to the Lake County State’s Attorney's Felony Review Division to file charges. The State’s Attorney’s Office does not investigate crimes. That is the duty of law enforcement.  

3. Who determines what charge(s) are brought against the defendant?

In felony cases, Lake County Assistant State's Attorneys from the Felony Review Division, review information supplied by the investigating police department and determine which criminal charges best apply under the Illinois Compiled Statutes for Criminal Law.

Misdemeanor charges are determined by the investigating police department, with the exceptions of 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. 

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Misdemeanor Alternative Prosecution Program

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1. How can a defendant apply to the Misdemeanor Alternative Prosecution Program?

A referral or a request can be made by a Judge, the State’s Attorney’s Office, a Public Defender, or a Private Attorney. 

2. Is there a cost to enroll in the program?

There is no initial fee to enroll or apply to the program. But there may be court costs or restitution required depending on the type of case involved. 

3. How long does it take to complete the Misdemeanor Alternative Prosecution Program?

The program typically lasts for one (1) year. 

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Ransomware

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1. How do criminals install ransomware?

Ransomware is usually installed when you open a malicious email attachment, or when you click a malicious link in an email message, instant message on a social networking site, or any other website. Ransomware can even be installed when you visit a malicious website. Please visit Microsoft's webpage about ransomware for more information.

2. Can the State’s Attorney’s Office or local law enforcement help me get back into my computer?

No. Unfortunately, ransomware is an extremely sophisticated malware that uses encryption that is unbreakable. Neither the Lake County State’s Attorney’s Office, nor your local law enforcement can break the encryption.

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Restitution and Expenses

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1. Is there money to help cover medical expenses as a result of violent crime committed against me?

If you are an uninsured, violent-crime victim who was hospitalized, first, check with the hospital to apply under the Illinois Hospital Uninsured Patient Discount Act (IHUPDA). This requires hospitals to give discounted care to eligible uninsured Illinois residents. Victims of violent crimes may also apply to the Attorney General’s Crime Victim’s Compensation Program online or by calling 1-800-228-3368 (TTY: 1-877-398-1130).

In other cases, all documentation of bills should be forwarded to the investigating police department and  to the victim specialist assigned to your case as soon as possible. If the defendant pleas or is sentenced, they could be ordered to pay restitution as part of the sentence. Restitution will also be ordered in criminal court cases wherever practical and possible. Unfortunately, it is not always realistic in criminal cases for restitution to be ordered or paid, such as in severe injury involving several thousands of dollars, or when violent offenders are sentenced to prison for a long time such as in murder.  

2. Will the defendant be ordered to pay restitution?

Restitution is the out of pocket expenses (not covered by insurance or other means) the victim has from medical bills and damages as a result of the defendant’s criminal actions against them. The assistant state's attorney will seek restitution in criminal cases whenever documentation is provided and reasonable. Sometimes a restitution amount cannot be agreed upon and a hearing is requested for the judge to determine the amount. Victims are responsible to provide all necessary documentation for restitution. Situations where restitution would not be ordered in criminal cases would be a finding of not guilty, if the defendant is sentenced to serve time in the department of corrections (prison), documentation was not available, or the court does not find the amount reasonable through the criminal court. 

3. If restitution is ordered, how does it get to the victim?

Restitution is paid through the Lake County Circuit Clerks office (1-847-377-3380), not the State’s Attorney Office. It is very important that crime victims update any change of address with the circuit clerk's restitution division. Checks are not forwarded if the victim moves and does not update their address 

4. How long does the defendant have to pay restitution?

Depending on the sentence, it could be months or years. Offenders may have their entire probation sentence to pay restitution. Payments vary depending on the ability or inability for the defendant or co-defendants to pay. 

5. What happens if restitution is not paid?

Although the judge may order restitution as part of the sentence, the defendant may still not pay or make full restitution through the criminal court. A petition to revoke could be filed for failure to pay and a hearing is held. However, unless it can be shown that the defendant willfully did not pay restitution, and has the means to pay it, it is unlikely they would be penalized for not having the financial ability to pay restitution. The Judge could decide whether other remedies would be taken, such as, ordering the defendant to do public service hours in place of completing restitution or extending the probationary time. If a defendant has successfully completed all other sentence terms, and/or some attempt to pay has been made, the court may terminate the case without payment of restitution.