Frequently Asked Questions

Q: What is the role of the State's Attorney?
A: The State's Attorney of Cook County is responsible for prosecuting all individuals charged with violating Illinois' criminal laws within the county. The State's Attorney, Richard A. Devine, may appoint assistant state's attorneys as his legal representatives. Assistant state's attorneys are commonly referred to as prosecutors. The assistant state's attorney is responsible for initially reviewing criminal cases to determine if the case should be pursued. If there is a decision to proceed, the assistant state's attorney acts as an advocate on behalf of the victim in presenting the case to the judge or jury. Under Illinois law, the State's Attorney is granted the exclusive authority to represent crime victims. This is why crime victims cannot hire private attorneys to represent them in criminal matters. The duty of a prosecutor is to seek justice, not merely to convict. Assistant state's attorneys are responsible for representing the interests of all Cook County citizens in criminal cases. In addition to his responsibilities for criminal prosecution, the State's Attorney is charged with enforcing many civil laws that protect abused children, the elderly, the disabled, and consumers as well as laws that promote the public interest in the environment and the provision of utility services. The State's Attorney also acts as legal counsel on civil law matters on behalf of Cook County government agencies and the county's elected officials.

Q: What are the services covered by the State's Attorney Civil Actions Bureau?
A: The Civil Actions Bureau defends the county and its officeholders and employees in civil suits, provides a full range of legal services for all county agencies, and represents the county's interests in actions brought to collect monies owed for taxes and fees. The bureau has sections dedicated to Medical Litigation, Labor and Employment, Torts and Civil Rights, Industrial Claims, Revenue Recovery, Municipal Litigation, Transactions/Health Law, Real Estate Taxation, and Special Project and Assignments. Assistant state's attorneys in these sections represent the interests of county agencies, including the health care facilities that are operated by the county.

Q: Does the Civil Actions Bureau provide legal assistance to county residents?
A: The Civil Actions Bureau does not represent or give legal advice to citizens who have private legal issues and disputes. Individuals and businesses with legal disputes or questions concerning rights and obligations must seek legal advice from their own counsel at their own expense. Disputes between tenants and landlords and those between condominium owners and their management associations are private civil matters for which the parties must seek representation from a private attorney. The Civil Actions Bureau does not provide information regarding private civil actions that are no longer active or assist with small claims suits; those issues are best addressed with the Clerk of the Circuit Court of Cook County at (312) 603-5030 or www.cookcountyclerkofcourt.org.

Q: How do I find an attorney to represent me in a civil matter?
A: Many professional associations and non-profit organizations will refer you to a qualified attorney. Please consult our "Links" page that has listings of such groups divided into categories for those who can afford to pay for legal services and for those who are seeking free or low-cost legal services. You will also find under the "Links" page a listing of numerous federal, state, county and local agencies that can provide assistance in areas such as shoddy business services, mortgage and insurance claims, and other consumer complaints.

Q: How do I report a crime?
A: All crime reports should be directed to the police agency in the area where the crime occurred. If you are trying to report an emergency situation, call 911 on your telephone to be connected to the emergency services you require.

Q: How can I track the status of a criminal case in which I have been a victim, witness, or a case in which I am interested?
A: Call Cook County's Automatic Victim Notification ("AVN") phone number: (877) 846-3445. The AVN is a free, anonymous telephone system that offers victims and witnesses of crime information and notification regarding the status of their case. This service is available in English, Spanish and Polish. Use the link to this page for more information http://www.statesattorney.org/cook_county_avn.htm.

Q: What do I do if I believe I have been a victim of identity theft or consumer fraud?
A: As with any matter in which you feel you have been a victim of a crime, first contact your local police department to report the matter. For follow-up assistance you may call the Consumer Fraud Division of the State's Attorney's Office at (312) 603-8700. There is also information available on this website by looking under "About the Office"/Public Interest Bureau/Consumer Fraud Division, or under "Office Services."

Q: What can I do if I have concerns about the safety of buying products online or if I believe I have been a victim of Internet theft or fraud?
A: Many retail or auction-oriented websites, such as eBay, have guidelines on their site dedicated to issues of security and fraudulent transactions. Review and follow these policies and instructions carefully both before buying an item online and in the event you feel you have been victimized. In addition, contact your local police department to report the incident and request to speak with the division that handles such matters. Further information may be found on the website of the Illinois Attorney General (http://www.illinoisattorneygeneral.gov/communities/index.html#HIGHTECH) under the section labeled "High Tech Crimes/Internet Safety".

If your grievance involves goods that you bought online but never received in the mail, you can file a complaint with the U.S. Postal Inspection Service at http://www.usps.com/postalinspectors/. The website of the National Fraud Information Center (http://www.fraud.org) offers tips for guarding against online scams, information regarding their toll-free call center, as well as online complaint forms. While disputes concerning Internet transactions generally fall outside the jurisdiction of the State's Attorney's Office, our Consumer Fraud Division may be of assistance at (312) 603-8700. There is also information available on this website by looking under "About the Office" and then clicking on "Public Interest Bureau/Consumer Fraud Division", or under "Office Services."

Q: What do I do when I am called for jury duty?
A: Information regarding jury duty is available at http://www.cookcountycourt.org/jury/index.html

Q: How can I find information regarding child support matters?
A: Call the State's Attorney's Office's Child Support Enforcement Division at (312) 345-2200, or visit our the website of our Child Support Enforcement Division, http://www.saokids.org

Q: What is the difference between criminal cases handled by the U.S. Attorney's Office and the Cook County State's Attorney's Office?
A: Attorneys working for the U.S. Department of Justice in the U.S. Attorney's Office (http://www.usdoj.gov/) prosecute cases that involve violations of federal law. The U.S. Attorney has jurisdiction that includes both foreign and domestic crime. Many of the U.S. Attorney's cases involve offenses in which the U.S. mail is used to commit theft or fraud, violations of federal tax regulations, or situations where a crime has been committed on federal property or against a federal official, or crimes involving the interstate transportation of narcotics, firearms or stolen merchandise. In contrast, assistant state's attorneys working for the Cook County State's Attorney's Office prosecute crimes that violate Illinois state law and that are committed in Cook County. These crimes cover a wide spectrum of violent crimes such as first-degree murder and aggravated criminal sexual assault and property crimes such as burglary and theft. The State's Attorney's Office also prosecutes many serious traffic law offenses such as reckless homicide, drunk driving, driving on a suspended license, and leaving the scene of an accident when the motorist is cited for violating a state law instead of a local municipal ordinance. In some cases, both the U.S. Attorney and the Cook County State's Attorney have authority to prosecute, such as those involving street gang criminal conspiracies and illicit enterprises, public corruption, financial crimes, and illegal gun sales and possession. In those instances, the two offices work cooperatively to decide what is in the best interest of the case before the case is filed in federal court or in the Circuit Court of Cook County.

Q: What is the State's Attorney's position on the death penalty?
A: A position paper on the State's Attorney's stance on the death penalty is posted at: http://www.statesattorney.org/deathpenalty.htm.

Q: What is an order of protection?
A: An "order of protection" is a court order that can be entered by a judge to protect family or household members from physical abuse, harassment, or intimidation by another family or household member. Some people commonly refer to an order of protection as a "restraining order." A citizen can seek an order of protection in Criminal Court in conjunction with the filing of a criminal charge, in Juvenile Court in conjunction with the filing of a delinquency petition, or in Civil Court if there is no criminal or delinquency case. An order of protection is available to individuals who are family members, or who share or have shared a common dwelling, those who share a blood relationship through a child, those who have or have had a dating or engagement relationship, and those who are personal assistants or caregivers for a disabled person. An order of protection is unavailable to individuals who are not family or household members such as neighbors or acquaintances. A judge, after a court hearing, may order certain remedies to stop the abuse. These remedies may include an order prohibiting further abuse, harassment, or intimidation; an order granting exclusive possession of a residence, an order to stay away from the petitioner or from the petitioner's place of employment, a school, or other specific places; an order for counseling; or an order concerning providing for the physical care or custody of a child. Orders can be obtained on an emergency basis for 14 to 21 days, for a temporary period for up to 30 days, or for a fixed period of time that cannot extend for more than two years.

Q: What is the difference between a civil and criminal order of protection?
A: There are several differences between a civil and criminal order of protection. The primary difference is what the applicant must do, or have completed, before they can seek a specific type of protective order. To receive an order of protection in criminal court, you must have a police report documenting a recent crime and a willingness to file criminal charges, or, the offender must have been arrested and charged with a domestic-related crime. To receive an order of protection in civil court, police reports are not required as it is not necessary that a criminal charge be filed. However, a history of abuse must be shown to obtain the civil order of protection. Remedies available for orders of protection are the same whether they are obtained in civil, criminal or domestic relations court. However, certain remedies, such as child custody, visitation and maintenance are more commonly addressed in Civil Court.

A second important difference between the two types of orders involves what agency the applicant can contact for assistance. The State's Attorney's Office provides assistance with criminal orders, which are issued in conjunction with a criminal charge. For assistance with a criminal order of protection in the City of Chicago, please contact the State's Attorney's Office at (312) 325-9220 or bring your police report to 555 W. Harrison, 1st floor, between the hours of 8:30 a.m. and 1:30 p.m. to speak with an assistant state's attorney about your options. The State's Attorney staff will direct applicants to the appropriate location for suburban Cook County requests. For those seeking a civil order of protection, the appropriate contact agency is the Clerk of the Circuit Court. For assistance in with a civil order of protection, please contact the Clerk of the Circuit Court's Office, located on the 1st floor at 555 W. Harrison Street, Chicago, by calling (312) 325-9500.