Illinois Private Criminal Complaint for Arrest Warrant and/or Summons

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US-01580BG
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Description

The rights that a citizen seeks to enforce criminally are not private but are lodged in the state, although a citizen has a right to proceed in a civil action. [FN3] Once a private party alerts the court of alleged criminal activity through the filing of an application for issuance of a criminal complaint and the court responds to the application, the private party's rights have been satisfied.


A jurat is the bottom part of an affidavit where the officer certifies that the document was "sworn" before him. Jurat notarizations are required for transactions where the signer must attest to the content of the document, such as all affidavits and pleadings in court.

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FAQ

As a general rule in Illinois, since 1964, warrants must be executed within 96 hours (the ?96-Hour Rule?).

An arrest warrant is a written order from a court directed to a peace officer or another named person commanding them to arrest a person.

(c) A warrant or summons may be issued by the court for the arrest or appearance of the person complained against if it appears from the contents of the complaint and the examination of the complainant or other witnesses, if any, that the person against whom the complaint was made has committed an offense.

To clear a bench warrant, you'll need to appear in court, and your Illinois warrant lawyer can help you with that. If you've been charged with a felony, you're generally required to appear in court. However, misdemeanors can be dismissed if the related warrant wasn't properly served to you.

A warrant can only be issued by a judge on the basis of probable cause. A person requesting for an arrest warrant must show ample evidence that links the accused to the crime. Even if a person has a warrant out for his or her arrest, he or she can still get bail which will release the warrant.

107-5. Method of arrest. (a) An arrest is made by an actual restraint of the person or by his submission to custody. (b) An arrest may be made on any day and at any time of the day or night.

Any statute of limitations on any crime, even a misdemeanor, stops once a warrant is issued. All warrants stay on the books and can be served at any time. never expires.

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Illinois Private Criminal Complaint for Arrest Warrant and/or Summons