Duties
The primary duties of the State's Attorney office are...
1) to work with the police in deciding what charges will be filed against an offender;
2) prosecute that offender in such a manner as best represents the interests of Adams County as a community.
The State's Attorney office is on-call 24 hours a day to service law enforcement and Department of Child and Family Services requests.
In determining whether to file charges, the States Attorney's office considers
1) the facts of a case in relation to the seriousness of the injuries,
2) the use of a deadly weapon,
3) the defendants prior criminal history,
4) defendant's past history of violence,
5) the cooperation of the victim.
The Juvenile Assistant State's Attorney has the responsibility for all cases involving young people, under the age of 17, who are alleged to have committed a felony or misdemeanor, have been neglected or abused or are beyond the control of their parents. These procedures are governed by the Juvenile Court Act and remain confidential. Termination of parental rights are handled by this attorney also.
The State's Attorney's Office prosecutes acts of domestic violence perpetrated by one family member against another, actively investigates and prosecutes white collar and organized crime and investigates and prosecutes crimes such as obscenity, gambling, official misconduct, as well as financial crimes including theft, deceptive practices, insurance fraud, credit card fraud and forgery.
The Victim/Witness Program provides assistance to victims and witnesses of violent crime. Cathy Dyer is the coordinator.
Assistant State's Attorneys assigned to misdemeanor courtrooms are responsible for handling case loads involving offenses such as driving under the influence of alcohol (DUI), domestic battery, theft and criminal damage to property.
The State's Attorney's Office maintains and monitors criminal appeals and prepares cases for transfer to the State's Attorney's Appellate Prosecutor.
In addition to the investigation and prosecution of criminal cases, the State's Attorney is charged with the legal representation of Adams County and is responsible for representing and advising the County and its officials in civil litigation arising out of the course of their official duties. These actions include personal injury, civil rights, condemnation proceedings, construction litigation, tax rate cases, and bankruptcy. Other duties include the enforcement of other County ordinances, collection of taxes and monies owed the County.
As legal counsel to county and elected officials, representatives of the State's Attorneys attend count board committee meetings and provide legal advice concerning the drafting of contracts, county policies and resolutions. The State's Attorney provides opinions to the County Board and elected officials and monitors new legislation for its potential impact on the County. The office serves as a resource for information concerning the Freedom of Information Act and investigates and prosecutes any violation of the Open Meetings Act.
The State's Attorney's Office seeks reimbursement from parents for funds expended by the County for care, support, and care of treatment of their minor child for whom placement or treatment was ordered by the Juvenile Court.
In cases concerning the mental health of an Adams County resident, the State's Attorneys office petitions the Court for the involuntary commitment for those persons who pose a serious threat to themselves or others because of a mental disease or defect.
