Illinois Arrest Warrants
Arrest Warrants
An arrest warrant comes about when a police officer, sheriff's deputy, or trooper goes before a judge sitting in bond court and provides sworn testimony that someone has committed a crime. The judge then signs an order directing law enforcement officers to arrest the person named in the warrant.
Generally, this process occurs in bond court. At times, police officers will contact a judge after hours in order to obtain an arrest warrant (e.g., in case of serious crimes and emergencies).
The officer's sworn testimony must provide the judge with probable cause. That is, there must be evidence which strongly suggests or implies that someone has violated a criminal statute in the state of Illinois. The arrest warrant must name the penal statute the person is accused of violating.
Bench Warrants
A bench warrant is a warrant issued by a judge presiding over a court of law. A judge sits on, and is appointed to, "the bench," and when a lawyer wants to approach a judge, he or she must ask, "Judge, may I approach?" Likewise, when a case goes to trial with the judge as the fact finder, it is called a bench trial.
Usually a bench warrant occurs when a criminal defendant fails to appear for a court date and the judge issues a warrant for his or her arrest.
Failure to Appear Warrants
A failure to appear warrant, as the name implies, occurs when a judge issues a warrant for a defendant who has failed to appear to answer charges. On occasion, when the case is in traffic court, a defendant who fails to appear will also suffer a suspension of his or her drivers' license. This suspension is called a FTA or failure-to-appear suspension. In a suspension such as this, the driver must go back to court and file a motion to have the ticket heard before the suspension will be lifted.
Information Warrants
An information warrant is a legal document (i.e., a piece of paper) that has the effect of charging an individual with a criminal offense. A criminal charge in Illinois for a felony offense must take one of two forms: either an information, or an indictment. In order to charge an individual with a criminal offense by information, a State's Attorney must support the charge with sworn testimony that there is probable cause to believe that the person named as the defendant has violated a penal statute. An information warrant is often called an arrest warrant, because it empowers law enforcement officers to arrest the person named in the information.
Quashing a Warrant
The only types of warrants that can be quashed are those issued by a judge when a defendant has failed to appear in court (e.g., bench warrants and failure to appear warrants). Generally, a defendant can quash a warrant only with the assistance of an attorney. In order to quash a warrant, the defendant must filed notice with the clerk and State's Attorney and a motion to quash warrant. The defendant and his or her attorney would then appear before the same judge who issued the warrant and request that it be quashed. If the judge refuses to quash the warrant, then the defendant will be taken into custody. Lake County judges will only quash warrants under exceptional circumstances.
Body Attachments
A body attachment is a court order directing law enforcement authorities to "attach the body" of a witness and bring them before the court. A body attachment is like a warrant because it authorizes law enforcement officers to take a person into custody and hold them in jail. A body attachment is ordered usually when a witness refuses to appear in court after being personally served with a subpoena. It is an important issue in domestic violence cases taking place in c-221 of the Lake County Circuit Courthouse. When a complaining witness refuses to show up for a trial date on a domestic battery charge, the court may issue a body attachment.
Voluntary Surrender
The term voluntary surrender describes when a person named in a warrant voluntarily surrenders his or her self to law enforcement authorities to be arrested. A person can surrender on any type of warrant, including a body attachment. In order to surrender on a warrant in Lake County, the person named in the warrant should go to the County Sheriff's Office to surrender. Once there, he or she will be taken into custody of the sheriff and transported to Lake County jail. The person will wait in the jail until he or she goes before a judge in bond court for a bond hearing. During the bond hearing, which typically occurs in the County Circuit Courthouse, the judge will set a bond amount which the person will be required to post in order to be released from jail.
Surrendering voluntarily on a warrant generally results in a lower bond amount, because the court reasons that the person has chosen to submit his or her self to the court, and therefore, the person less likely to be a flight risk.
If you or someone you know has an arrest warrant in Illinois, or a Federal Warrant in any State, contact us at (773) 848-4444. All inquiries are completely confidential.
An arrest warrant comes about when a police officer, sheriff's deputy, or trooper goes before a judge sitting in bond court and provides sworn testimony that someone has committed a crime. The judge then signs an order directing law enforcement officers to arrest the person named in the warrant.
Generally, this process occurs in bond court. At times, police officers will contact a judge after hours in order to obtain an arrest warrant (e.g., in case of serious crimes and emergencies).
The officer's sworn testimony must provide the judge with probable cause. That is, there must be evidence which strongly suggests or implies that someone has violated a criminal statute in the state of Illinois. The arrest warrant must name the penal statute the person is accused of violating.
Bench Warrants
A bench warrant is a warrant issued by a judge presiding over a court of law. A judge sits on, and is appointed to, "the bench," and when a lawyer wants to approach a judge, he or she must ask, "Judge, may I approach?" Likewise, when a case goes to trial with the judge as the fact finder, it is called a bench trial.
Usually a bench warrant occurs when a criminal defendant fails to appear for a court date and the judge issues a warrant for his or her arrest.
Failure to Appear Warrants
A failure to appear warrant, as the name implies, occurs when a judge issues a warrant for a defendant who has failed to appear to answer charges. On occasion, when the case is in traffic court, a defendant who fails to appear will also suffer a suspension of his or her drivers' license. This suspension is called a FTA or failure-to-appear suspension. In a suspension such as this, the driver must go back to court and file a motion to have the ticket heard before the suspension will be lifted.
Information Warrants
An information warrant is a legal document (i.e., a piece of paper) that has the effect of charging an individual with a criminal offense. A criminal charge in Illinois for a felony offense must take one of two forms: either an information, or an indictment. In order to charge an individual with a criminal offense by information, a State's Attorney must support the charge with sworn testimony that there is probable cause to believe that the person named as the defendant has violated a penal statute. An information warrant is often called an arrest warrant, because it empowers law enforcement officers to arrest the person named in the information.
Quashing a Warrant
The only types of warrants that can be quashed are those issued by a judge when a defendant has failed to appear in court (e.g., bench warrants and failure to appear warrants). Generally, a defendant can quash a warrant only with the assistance of an attorney. In order to quash a warrant, the defendant must filed notice with the clerk and State's Attorney and a motion to quash warrant. The defendant and his or her attorney would then appear before the same judge who issued the warrant and request that it be quashed. If the judge refuses to quash the warrant, then the defendant will be taken into custody. Lake County judges will only quash warrants under exceptional circumstances.
Body Attachments
A body attachment is a court order directing law enforcement authorities to "attach the body" of a witness and bring them before the court. A body attachment is like a warrant because it authorizes law enforcement officers to take a person into custody and hold them in jail. A body attachment is ordered usually when a witness refuses to appear in court after being personally served with a subpoena. It is an important issue in domestic violence cases taking place in c-221 of the Lake County Circuit Courthouse. When a complaining witness refuses to show up for a trial date on a domestic battery charge, the court may issue a body attachment.
Voluntary Surrender
The term voluntary surrender describes when a person named in a warrant voluntarily surrenders his or her self to law enforcement authorities to be arrested. A person can surrender on any type of warrant, including a body attachment. In order to surrender on a warrant in Lake County, the person named in the warrant should go to the County Sheriff's Office to surrender. Once there, he or she will be taken into custody of the sheriff and transported to Lake County jail. The person will wait in the jail until he or she goes before a judge in bond court for a bond hearing. During the bond hearing, which typically occurs in the County Circuit Courthouse, the judge will set a bond amount which the person will be required to post in order to be released from jail.
Surrendering voluntarily on a warrant generally results in a lower bond amount, because the court reasons that the person has chosen to submit his or her self to the court, and therefore, the person less likely to be a flight risk.
If you or someone you know has an arrest warrant in Illinois, or a Federal Warrant in any State, contact us at (773) 848-4444. All inquiries are completely confidential.
