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The County of DuPage
Wheaton, Illinois
 

Criminal Complaints

The Victim Services Unit of the DuPage County State's Attorney's Office offers citizens, who may have been victimized by criminal conduct, the opportunity to file an informal criminal complaint.

Someone has committed a criminal act against me, where can I go for help?
The first place to always go when someone has committed a criminal act against you is your local police department. Contact your local police department and indicate that you wish to sign a criminal complaint or make a report relating to a possible criminal offense. If your complaint is an emergency dial 911.

The police department will not pursue criminal charges, is there anything else that I can do?
Unfortunately, every incident that you may become involved with does not result in the police initiating a criminal charge. This may happen if the situation is "civil" in nature (the matter must be handled in civil court) or there is not enough evidence to pursue a criminal charge. If the police have filed a report and have declined to pursue criminal charges, you may wish to contact the Victim Services of the State's Attorney's Office to file an informal complaint.

What is an informal complaint?
An informal complaint is a request by a citizen for the State's Attorney's Office to investigate potential criminal conduct by a party, after the police department has declined to pursue with criminal charges. The police investigation must be completed before the State's Attorney's Office can assist with an informal complaint.

If a police investigation is completed and has not resulted in any criminal charges, you may wish to have the State's Attorney's office look into the specific incident by contacting the Victim Services Unit of the State's Attorney's Office at 630-407-8231, Monday through Friday between the hours of 8 a.m. and 4:30 p.m.

Once you have made an informal complaint to the State's Attorney's Office it will be reviewed by an Assistant State's Attorney for potential criminal conduct. The State's Attorney's Office will either approve criminal charges or decline criminal charges based on the police reports, any statutory requirements/limitations, and your statements.

Once a file has been reviewed by the Assistant State's Attorney, you will be informed in writing as to the decision whether or not criminal charges will be filed. If an informal complaint is declined, you will receive some information as to what other steps, if any, you may wish to pursue.

The Assistant State's Attorney will only review the informal complaint for criminal charges. Informal complaints concerning allegations that are civil in nature must be handled by your own private attorney.

How long does an informal complaint take to review?
There is no formal time frame for reviewing informal complaints. Response times may vary greatly depending on the current case load and the nature of the incident.

I have a consumer complaint, who can help me?
Typically consumer complaints fall under the jurisdiction of the Illinois Attorney General. Consumer or business complaints will be deferred to the Illinois Attorney General Consumer Protection Division. If you wish to contact the Illinois Attorney General they can be reached at 312-814-3000.

I was arrested for an incident, can I make a cross-complaint?
If you have been arrested for an incident involving the party that you wish to file the cross-complaint against, you can submit an informal complaint to the State's Attorney's Office. However, any statements made to the State's Attorney's Office through an informal complaint can and will be used against you in the criminal case of which you are the defendant. Therefore, prior to making any statements to the State's Attorney's Office, you should consult with your own private attorney.

I have submitted an informal complaint to the State's Attorney's Office, who may have access to it?
Informal complaints are not of public record and are not subject to the Freedom of Information act. Information contained within an informal complaint will remain confidential. To obtain any documents that you may have submitted with your informal complaint you must contact the State's Attorney's Office to make an appointment at 630-407-8231, Monday through Friday between 8 a.m. and 4:30 p.m.

Is there a way to know if an informal complaint has been filed against me?
The State's Attorney's Office will not confirm or deny the existence of any informal complaint.