What To Do If You Have An Arrest Warrant in the State of Illinois
If you or someone you know has been involved with the law in the state of Illinois you owe it to yourself to find out it if you have a warrant for your arrest. The easiest and fastest way to know if there is an outstanding warrant is to conduct an online search. Start by typing your name in the search box to the right and you're on your way to finding out for sure.
In the state of Illinois there is a process in place in order for a warrant to exist in your name. A police officer or other law enforcement official must provide evidence that there is probable cause for the warrant in a court of law. After a judge reviews the evidence, it will be decided whether to issue a warrant or not. Once a warrant is issued in your name the police have the right to arrest you on the spot whether it be in your home, place of work or on the streets.
The Illinois statute specifies that arrest warrants can only be issued if a complaint is made in writing to the court and all statements in the complaint are sworn under oath to be true. The original written complaint must provide the name of the person who the warrant is for (his/her birth date and/or sex of the suspect, if known) along with details about the alleged crime. The arrest warrant must clearly state the date the warrant was issued and the county where it originated.
Under the Fourth Amendment to the United States Constitution, any search conducted by law enforcement requires a search warrant to protect the rights of it's citizens. This includes searching your home, property, or person. Once a search is underway, the plain view doctrine applies, allowing any evidence to be seized and used in the case against you. Searches must be reasonable and search warrants need to be as specific as possible to ensure a search is legal. Objects to be searched, persons to be arrested and the address of the place to be searched must be clear and accurate on the warrant. Items such as rooms, additional buildings, other persons, vehicles, etc. may require additional search warrants.
In the case of urgent circumstances, law enforcement are allowed to search a premise or person if there is imminent danger to the public, if a known search is likely to destroy evidence, or a suspect could easily escape in advance of a known search.
Reasonable Suspicion
Section 570.502 of Illinois statutes goes into more detail in cases where harm or imminent threat is likely. If the police witness an illegal act taking place, they can forgo a search warrant since the crime was caught in the process. They have a right to search you based on the reasonable suspicion that you were breaking the law because the incident took place in plain view or evidence was witnessed. The best thing to do in this situation is submit to police to avoid further trouble for yourself.
In emergency situations police officers do not need to request a warrant from the courts. If they have responded to an emergency situation and illegal activity arises with the person they're assisting, they have the right to seize any evidence on that person. An example, of this is giving aid to an individual and discovering drugs on his/her person.
Bench Warrants
In Illinois bench warrants are usually issued by judges when people do not comply with court orders. Having a bench warrant in your name gives law enforcement the right to arrest the person named in the warrant immediately. Bench warrants can be issued if someone fails to pay court ordered child support, doesn't appear in court for a court date, or fails to pay a traffic ticket.
Once you have a warrant in your name, the best thing to do is to hire a criminal lawyer to act on your behalf. A lawyer will be able to represent you in court and throughout your case so you get a just trial. Legal counsel is required in order to make sure you understand the law, what you've been charged with, how it will effect your future, and to get the warrant expunged if possible.
If you or someone you know has been involved with the law in the state of Illinois you owe it to yourself to find out it if you have a warrant for your arrest. The easiest and fastest way to know if there is an outstanding warrant is to conduct an online search. Start by typing your name in the search box to the right and you're on your way to finding out for sure.
In the state of Illinois there is a process in place in order for a warrant to exist in your name. A police officer or other law enforcement official must provide evidence that there is probable cause for the warrant in a court of law. After a judge reviews the evidence, it will be decided whether to issue a warrant or not. Once a warrant is issued in your name the police have the right to arrest you on the spot whether it be in your home, place of work or on the streets.
The Illinois statute specifies that arrest warrants can only be issued if a complaint is made in writing to the court and all statements in the complaint are sworn under oath to be true. The original written complaint must provide the name of the person who the warrant is for (his/her birth date and/or sex of the suspect, if known) along with details about the alleged crime. The arrest warrant must clearly state the date the warrant was issued and the county where it originated.
Under the Fourth Amendment to the United States Constitution, any search conducted by law enforcement requires a search warrant to protect the rights of it's citizens. This includes searching your home, property, or person. Once a search is underway, the plain view doctrine applies, allowing any evidence to be seized and used in the case against you. Searches must be reasonable and search warrants need to be as specific as possible to ensure a search is legal. Objects to be searched, persons to be arrested and the address of the place to be searched must be clear and accurate on the warrant. Items such as rooms, additional buildings, other persons, vehicles, etc. may require additional search warrants.
In the case of urgent circumstances, law enforcement are allowed to search a premise or person if there is imminent danger to the public, if a known search is likely to destroy evidence, or a suspect could easily escape in advance of a known search.
Reasonable Suspicion
Section 570.502 of Illinois statutes goes into more detail in cases where harm or imminent threat is likely. If the police witness an illegal act taking place, they can forgo a search warrant since the crime was caught in the process. They have a right to search you based on the reasonable suspicion that you were breaking the law because the incident took place in plain view or evidence was witnessed. The best thing to do in this situation is submit to police to avoid further trouble for yourself.
In emergency situations police officers do not need to request a warrant from the courts. If they have responded to an emergency situation and illegal activity arises with the person they're assisting, they have the right to seize any evidence on that person. An example, of this is giving aid to an individual and discovering drugs on his/her person.
Bench Warrants
In Illinois bench warrants are usually issued by judges when people do not comply with court orders. Having a bench warrant in your name gives law enforcement the right to arrest the person named in the warrant immediately. Bench warrants can be issued if someone fails to pay court ordered child support, doesn't appear in court for a court date, or fails to pay a traffic ticket.
Once you have a warrant in your name, the best thing to do is to hire a criminal lawyer to act on your behalf. A lawyer will be able to represent you in court and throughout your case so you get a just trial. Legal counsel is required in order to make sure you understand the law, what you've been charged with, how it will effect your future, and to get the warrant expunged if possible.
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