when does state attorney get involved in a case illinois

The attorney general’s office also defends the state when it is sued and can represent state agencies when they are named as a defendant in a lawsuit. The office also has a unit that pursues antitrust claims, environmental hazards, and investigates consumer and healthcare complaints.

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Can an out-of-state attorney appear as counsel in an Illinois criminal case?

Mar 24, 2022 · The following proceedings require permission under this rule: (1) a case before a court of the State of Illinois; (2) a court-annexed alternative dispute resolution proceeding; and (3) a case before an agency or administrative tribunal of the State of Illinois or of a unit of local government in Illinois, if the representation by the out-ofstate attorney constitutes the …

What is an out-of-State case in Illinois?

The Attorney General represents HFS in 89 counties throughout Illinois. In the remaining 13 counties, including Cook County, the State’s Attorney represents HFS pursuant to section 10-3.1 of the Illinois Public Aid Code (305 ILCS 5/10-3.1). The cases involve obligees who receive child support and obligors who pay child support.

Does the Attorney General represent the state in a lawsuit?

At different times in a case, you may want one or more of these things to happen. Your attorney needs to advise you as to how to present your requests at the right stage of the court process. In Illinois, you have a right to have a lawyer appointed for you if you cannot afford one. The lawyer may be a public defender. Or they may be a private attorney who is told by the court to take the …

What happens at a state's attorney trial?

First, police file a warrant or charging request with the State's Attorney following an investigation. Attorneys review the request and may decide to issue a warrant, which allows the police to arrest the suspect. An arraignment in court follows, at which the suspect is formally charged with a crime and enters a plea.

What does the state's attorney do in Illinois?

(a) The duty of each State's Attorney shall be: (1) To commence and prosecute all actions, suits, indictments and prosecutions, civil and criminal, in the circuit court for the county, in which the people of the State or county may be concerned.

What officer is the lawyer for the state of Illinois?

ATTORNEY GENERALATTORNEY GENERAL - DUTIES The Attorney General shall be the legal officer of the State, and shall have the duties and powers that may be prescribed by law. (Source: Illinois Constitution.)

How does the Illinois state attorney get their job?

Originally an appointed office, it is now an office filled by election through universal suffrage. Based in Chicago and Springfield, he or she is responsible for providing legal counsel for the various state agencies including the Governor of Illinois and Illinois General Assembly.

How do I contact the Illinois state attorney?

The following is a list of some agencies that may be able to assist you....FIND HELP WITH YOUR COMPLAINT.TopicAgency ReferralContact InformationHomeowner HelplineIllinois Attorney General312-814-5094 866-544-7151 (Voice TTY)71 more rows

Who is the attorney for the state of Illinois and the people of Illinois?

Attorney General Kwame RaoulAttorney General Kwame Raoul (Democrat) was sworn in as the 42nd Attorney General of Illinois in January 2019. Born in Chicago to Haitian immigrants, Raoul brings a lifetime of legal and policy experience, advocacy and public service to the Office of the Attorney General.

Does the Governor of Illinois appoint the attorney general?

The Constitution of 1818, adopted on August 26, 1818, by a Constitutional Convention held in Kaskaskia, authorized the General Assembly to appoint an Attorney General and to regulate his duties by law. (Ill....Attorneys General of Illinois.Daniel Pope Cook1819Lisa Madigan2003-2019Kwame Raoul2019-Present39 more rows

What does the Illinois attorney general do for consumers?

Attorney General Kwame Raoul's Consumer Protection Division protects Illinois consumers and businesses victimized by fraud, deception, and unfair business practices.

What are the duties and responsibilities of the attorney general?

As the chief officer of the Department of Justice, the attorney general enforces federal laws, provides legal counsel in federal cases, interprets the laws that govern executive departments, heads federal jails and penal institutions, and examines alleged violations of federal laws.

How much does the Illinois attorney general make?

The average salary earned by U.S. governors was $131,115....State executive salaries.Office and current officialSalaryAttorney General of Illinois Kwame Raoul$160,800/yearIllinois Secretary of State Jesse White$156,5417 more rows

How do I file a complaint against a company in Illinois?

You may file your complaint in one of three different ways:Online. File an informal complaint online.By Phone. You can reach us between 8:30 AM and 5:00 PM, Monday through Friday by calling 1-800-524-0795, 1-217-782-2024 outside the State of Illinois, or TTY at 1-800-858-9277. ... By Mail.

How do I file a complaint in Illinois?

To report a violation you may:Call the OEIG's toll-free hotline at 866.814.1113.Complete an online complaint form.Contact the Office via telecommunications device for the disabled (TTY) at 888.261.2734;Mail a completed complaint form to:Fax a completed complaint form to 312.814.5479.More items...

Where is the office of the Illinois Attorney General?

Carbondale Main Office 601 South University Ave.

Who represents HFS in Illinois?

Pursuant to law, the Attorney General represents only HFS – not the obligee, obligor, or child. Section 10-3.1 of the Illinois Public Aid Code reads in relevant part: An attorney who provides representation pursuant to this Section shall represent the Illinois Department exclusively. Regardless of the designation of the plaintiff in an action ...

Who can be the obligor of child support?

The obligor can be either the mother or the father, or both mother and father when the child is living with a foster parent or guardian. The obligor/obligee roles can change in a case if custody changes. Federal law requires HFS to provide child support services to both obligees and obligors. Therefore, HFS may ask the Attorney General ...

What is HFS in child support?

2. HFS provides child support services to both obligees and obligors, as well as other custodians, guardians, and foster care agencies, which includes setting child support and seeking increases or reductions in support obligations as circumstances dictate. 3. The Attorney General will not participate in visitation, custody or property matters.

What information is shared with HFS?

Information revealed during proceedings will be shared with HFS, including unreported child support, excess assistance, and the parent’s financial assets and income. 2.

Does the Attorney General represent you in child support?

Additionally, the parent receiving child support services signs a disclosure statement. The disclosure tells the parent: The Attorney General does not represent you. The Attorney General represents the Department of Healthcare and Family Services exclusively. If you want an attorney to represent you, you must retain a private attorney.

Do parents have to tell the Attorney General about child support?

The parent must tell the Attorney General if they are represented by a private attorney or if they retain one in the future. Child support attorneys must be ever vigilant that the parties and the court understand that HFS is our only client. Over the years, I have seen judges refer to the obligee as being “present” by the Attorney General.

Who decides if a child protection case goes to court?

In most counties, the decision of whether the child protection matter goes to court is made by a state's attorney. State's attorneys are the county's official prosecutors. However, the law allows any adult to file a petition . The DCFS lawyer helps arrange for DCFS responses to issues about services and visits.

What is the main issue at a child abuse hearing?

At the first hearing, the main issue is whether the child should be removed from your care; At a later hearing, the question of whether the child is abused or neglected is decided; and. At another hearing, there is a decision whether the children should be returned to your care.

What is DCFS lawyer?

The DCFS lawyer helps arrange for DCFS responses to issues about services and visits. There will also be a lawyer and guardian ad litem ("GAL") for the child. This can be two separate people, but most times both roles are played by the same person. They are involved in all matters regarding the case.

What does DCFS do in the middle of a safety plan?

Sometimes in the middle of a safety plan, DCFS needs to make a critical decision regarding additional court authority. The court can enforce what DCFS thinks is necessary to guarantee the safety of the child. If necessary , DCFS engages the State's Attorney to request a petition to bring the family before a judge.

What is a finding of abuse or neglect?

There is a finding of abuse or neglect; and. A later finding that the parents are unfit, unwilling or unable to care for the child. Parents should face such a serious proceeding with a lawyer. DCFS is required to notify you of the first court date. After that, you must: Keep track of court dates;

How does a juvenile court case impact the outcome of a case?

In juvenile court cases, your actions before and after the court case impact the outcome of the case. Your actions can make a big difference in the outcome. You almost certainly will be ordered to have assessments and services. These are used to establish your ability to care for the child safely. Your level of cooperation will be judged, even if you are claiming you did not abuse or neglect the child. Sometimes you may face hard decisions about the steps you need to agree to take to have your child returned.

How to get help in juvenile court?

First, discuss your concerns with that attorney. Next, speak with their supervisor if they have one. Put your concerns in writing. Provide the attorney with any documents you can get and names of people who can help in court. This may help if they are refusing to ask for something you need. Sometimes attorneys have a good reason for not following your requests or suggesting a different strategy. But you are entitled to know what your attorney thinks about your case and concerns.

How are state attorneys elected?

In general, State's Attorneys are elected by the people they represent. Their duties are spelled out in the laws of the local governments they represent, and they're held accountable by the voters for how well they do their jobs and how well their performance matches up with the local politics of the area. But a State's Attorney hardly ever does ...

What is a prosecutor?

A State's Attorney is the most common term for a prosecutor, someone who represents the people in criminal and civil legal matters. But while the most iconic image of a State's Attorney is ...

How do police arrest a suspect?

First, police file a warrant or charging request with the State's Attorney following an investigation. Attorneys review the request and may decide to issue a warrant, which allows the police to arrest the suspect. An arraignment in court follows, at which the suspect is formally charged with a crime and enters a plea.

What is the job of a criminal prosecutor?

Criminal prosecutions are the chief duty of most State's Attorney offices. In many states, such as Michigan, criminal prosecutions follow a predetermined series of steps [source: Prosecuting Attorneys Association of Michigan ]. First, police file a warrant or charging request with the State's Attorney following an investigation.

How many states have grand jury indictments?

About half the 50 states use grand jury indictments in criminal prosecutions. Grand juries hear cases brought by State's Attorneys, and only the evidence and witnesses presented by the State's Attorney are considered.

What is a Commonwealth's Attorney?

States that refer to themselves as commonwealths, such as Virginia and Kentucky, refer to them as Commonwealth's Attorneys [source: Commonwealth's Attorneys Services Council ]. State's Attorneys generally represent a defined geographic area, such as a county, judicial district or judicial circuit. These generally hold the title ...

What happens before a trial?

Before a trial takes place, the process of discovery takes place, at which the State's Attorney and the defense attorney share information they intend to introduce as evidence at trial.

How long does it take to complete a mandate investigation?

These investigations are supposed to be completed with 60 days. However, the deadline will be extended if the investigator can show good cause for such an extension.

How long does it take for an ALJ to make a decision?

The ALJ will then make a written report within 15 days of the hearing, and 90 days of when the appeal was first filed. This report must recommend a decision on whether enough evidence was present to support an indicated finding and why the ALJ came to such a decision. The recommendation will then go to the director of the DCFS, ...

What is DCFS investigation?

DCFS investigations usually begin with someone making a call to the abuse and neglect hotline. [1] . The person who answers the call will then decide whether the reporter makes sufficient allegations to warrant an investigation. Further, the hotline operator must determine what category of investigation to open, ...

How long does it take to see a child on a DCFS hotline?

The mandate working must attempt to see the child within 24 hours of the hotline call. However, they are not always successful in securing a meeting with the child and will be forgiven for such ...

How long does a person's name stay on the SCR?

It’s possible for a person’s name to remain on this list for 5, 20, or 50 years depending on the circumstances surrounding the case. While the SCR is not available to the public, if you apply for a job working with children or adults with disabilities, an employer can see any information from the SCR that relate to you.

Is testimonial a guarantee?

Any testimonials or endorsements regarding services do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. The choice of a lawyer is an important decision and should not be based solely on advertisements.

Can an investigator be extended?

However, the deadline will be extended if the investigator can show good cause for such an extension. Typically, this just requires the investigator to request an extension with their supervisor and the supervisor must approve the request.

What is the Attorney General's Office looking into?

In addition to investigating criminal operations, the attorney general’s office looks into scams targeting seniors, violations of the state’s clean air and water laws and evaluates whether mergers break antitrust laws. On April 26, voters in both parties will have a choice for attorney general. Do the voters prefer a candidate with political ...

How old do you have to be to become an attorney general in Pennsylvania?

To become attorney general, you have to be able to practice law in Pennsylvania, be at least 30 years old and have lived in Pennsylvania for the past seven years (exceptions for politicians and public employees). Of the five candidates, there are two politicians and three with extensive experience as prosecutors.

What is the Roe v Wade ruling?

This was the 1992 landmark abortion ruling that upheld the basic tenet of Roe v. Wade that a woman has the right to an abortion. It established a new “undue burden” test, which struck down part of the Pennsylvania law which required wives to notify their husbands before getting an abortion.

What is an example of public corruption?

An example of a prominent public corruption case the AG’s office was involved in was last year’s discovery that former Harrisburg Mayor Stephen Reed bought thousands of historical artifacts with millions of taxpayer dollars.

What does the Criminal Division do?

The criminal division investigates drug trafficking, child predators (more than 150 were arrested each of the past two years), organized crime and public corruption, according to the office’s 2015 annual report.

Who is the chairman of the Montgomery County Board of Commissioners?

Shapiro is the chairman of the Montgomery County Board of Commissioners and was appointed to be the chairman of the Pennsylvania Commission on Crime and Delinquency [PCCD] by Gov. Tom Wolf about a year ago.

Who is Joe Peters?

Republican candidate Joe Peters was a Scranton police officer, an organized crime and drug prosecutor in the attorney general's office for 15 years, a federal mafia prosecutor and oversaw a White House drug trafficking program. He most recently served as Kathleen Kane’s spokesman for about eight months in 2013 and 2014.

What is an attorney general investigation?

Those who address these investigations or actions properly have the best chance of obtaining a positive outcome. An attorney general investigation can come in many forms, from a simple letter to a Civil Investigative Demand (“CID”) or subpoena.

What to do if a lawsuit is commenced?

If a lawsuit has been commenced, the goal is to get the quickest, most cost effective and painless resolution.

What is the importance of injunctive provisions in a written settlement?

If the resolution involves a written settlement, it is critical that the injunctive provisions therein be narrowly crafted, not only to allow for lawful business, but also to contemplate future technologies, business models and business interests.

What does experience counsel do?

Experienced counsel can help determine what is at the core of the investigation and who the real targets are – which can help limit the investigation or point it in the proper direction.

How to contact Kleinmoynihan?

If you are interested in ensuring that you are compliant with current regulations or if you are facing an investigation from a state attorney general or other regulatory agency, please e-mail us at [email protected], or call us at (212) 246-0900. Attorney Advertising. Related Blog Posts:

Is a cover up worse than a crime?

The cover-up often is worse than the crime. Third, contact experienced counsel immediately. Attorneys general commence investigations for a wide variety of reasons. Perhaps they are seeking information about, or are investigating, your industry generally.

Who is the head of the state's legal office?

R. Kimball. The State's Attorney General is the head of the state's legal office and is responsible for enforcing the law. A state’s attorney general is responsible for enforcing the law in the state where he or she was elected.

What is the job of an attorney general?

The attorney general is the chief legal representative for the state and serves as general counsel for most of the state’s government agencies. Each state’s attorney general manages all legal representation of the state in civil and criminal matters on a state and federal level. Most attorneys general manage specific assistance programs ...

Who manages child support?

The state’s attorney general manages the child support process in some states. The office may run programs specifically to increase public safety or reduce unfair or fraudulent activities. In some states, this office is the guardian of the state’s natural resources through law enforcement.

Is the Attorney General responsible for the state penal system?

These cases might be criminal or civil, depending upon the issue in the suit. In certain states, the state’s attorney general is responsible for representing the state penal system in an appeal to a federal court. The attorney general himself or herself cannot be present in court for each of these incidences, but a member ...

What is probate in Illinois?

The Illinois Probate Act is the law that sets forth the rules for inheriting property in Illinois. It generally follows the convention of most states when it comes to inheritance, but there are a few quirks, notably that a married person’s property does not go entirely to their spouse if they also have children.

What are the rules for inheritance?

Below are the rules for inheritance that are commonly used. If the decedent had no descendants (children and grandchildren ect.) but has a spouse, the entire estate to the spouse. If there is a surviving spouse and descendants of the decedent then ½ to the spouse and ½ to the descendants per stirpes. If there is no surviving spouse, but ...

What happens if a named beneficiary dies before the decedent?

The other situation is where the named beneficiary died before the decedent; in that case the property also becomes part of the probate estate (so long as there are no successor beneficiaries named). Property that commonly has a named beneficiary includes investment accounts, retirement accounts and life insurance policies.

What is property held in trust?

Property Held in Trust. The use of trusts are becoming more and more common. Typically, the person that is generally considered the “owner” of the property appoints themselves as trustee to hold the property in trust for themselves and then when a certain event occurs (usually death) the property flows to a successor trustee ...

What is joint ownership?

Property Owned Jointly. Property that is owned jointly with the right of survivorship or in tenancy by the entirety passes automatically to the other living owner (s) at the time of death. This property is not part of the probate estate and does not flow to the heirs through intestate succession. Jointly owned property is most commonly seen in real ...

What happens if there is no spouse?

If there is no surviving spouse, but descendants, the entire estate to the descendants per stirpes. If there is no spouse, no descendants, but a parent, brother, or sister or descendants of a brother or sister, the entire estate goes to the parents, brothers and sisters equally. However, if one parent is dead the surviving parent receives ...

What is transfer on death?

Transfer on death accounts are similar to property with a named beneficiary. These accounts were specifically designed to avoid probate and transfer immediately to the person named at the time of the decedent’s death.