What to expect from the system and what the system expects from you. As the victim or witness, your role is critical. You have seen, heard, know or experienced something that is important to the investigation of this case. You may be interviewed by law enforcement to identify the assailant, if recognized, to help in finding the crime scene, identify stolen property, etc. A person may be arrested at the time of the crime.
Law enforcement completes an arrest document stating the charges against the accused.
If no arrest is made at the time of the crime, law enforcement investigates. If appropriate, law enforcement presents a sworn complaint to the State Attorney's Office. The State Attorney determines whether there is probable cause to believe that a crime was committed and the suspect may have committed the crime. If an information document is filed, the judge, through the Clerk of the Court, may issue a capias. Based on the investigation, an affidavit of probable cause is presented to the judge by the State Attorney.