Active arrest warrants are issued in the state of Illinois in response to a writ filed in any county or state court that hears criminal matters. The written complaint has to be made by a member of the law enforcement agency or by the victim of the crime. For procuring an active arrest warrant, all matters pertaining to the case have to be presented before the magistrate, so that probable cause can be established.
The judge only issues an active warrant if there is enough proof in the case to make a reasonable person believe that the crime was indeed committed by the person against whom the police seek a warrant. Once the arrest directive has been received by the police they waste no time in serving it and taking the individual in custody under the provisions of the order.
However, for some reason, if an arrest cannot be executed through the use of the document, this order for detention is merely stored in a central database with a name change- “outstanding warrant”.In the state of Illinois, it is not possible to get information on active arrest warrants from the state police. Although they do offer crime history information, data on all un-served warrants is held back in the interest of public safety.
Not only arrest orders but also bench warrants get saved into the central repository maintained by the FBI.While an arrest warrant is only issued in case of felonies, a bench warrant can be issued by any judicial entity and is even sought in misdemeanor cases. Although an outstanding bench warrant will also get a person arrested, he/she may not be sent back to the issuing county if the charges are trivial. However, the arrested suspect will be deported to the sheriff’s office in the county where the warrant was issued in case of a felony offense.
When looking for information on Illinois active arrest warrants, it would be sensible to start with an online source. While most sites that offer access to a national criminal database are third party establishments, they do provide a safer and more efficient approach to searching for such records.
Because an active arrest warrant once issued, stays in effect perpetually, any attempt by an individual who has such an order out in his/her name to approach a government or justice agency for such records can lead to an immediate arrest. Although, a person can enlist the help of an attorney to request such information on his behalf, a cheaper and simpler approach is to get the details from a privately maintained database.
If the information does not pertain to you, approaching the local sheriff’s office is the next best option. Although they will be happy to help you out with details about conviction records and outstanding warrants, they may not divulge data about freshly issued active warrants.
It is also possible to seek this information from the issuing authority, which in case of an arrest warrant will be a judicial entity in the county that hears criminal matters. You will need to approach the magistrate’s court or the clerk of court. All information pertaining to cases that have passed through the judicial system are kept in the court dockets.
If an active arrest warrant is issued against an offender, the arresting officer does not need to have the document on his person when apprehending the accused.The law enforcement official merely needs to state that such an order exists.The actual warrant may only be produced after the individual has been taken into custody and request to see it.
Even after an arrest is made, records of the warrant issued to facilitate the detention may not find their way into the ISP maintained database till the person in question is charged and convicted in the matter.