This is the next post in my series on the handling of Class 3 felony charges in Peoria and other parts of Illinois. My last article discussed common examples of Class 3 felonies in our state. It is important to understand that such charges are often not brought alone. A defendant may face several different counts which all flow from one course of conduct. An experienced attorney can assist with you navigating a multi-count case. In this article I will discuss common issues which arise when defending against such charges. If you are in need of assistance then contact my office today to speak with a criminal defense lawyer.
How to best defend against any felony charge will always depend on the facts and nature of the case. Given that a wide range of different charges can be charged as a Class 3 felony, there is a corresponding wide range of defenses. If, for example, an individual is charged with drug trafficking, then search and seizure issues may be raised if it is believed that law enforcement violated the Fourth Amendment. If the case involves allegations of battery then there may be issues revolving around claims of self-defense, Miranda violations, or the exclusion of eyewitnesses. Also, theft charges may involve a dispute over the actual amount of the property taken. These are just a few examples of why the strategy for defending against a charge is entirely reliant on the facts of the case and the nature of the charges.
Very early in the case, your attorney will receive copies of police reports and other information which the prosecution is required to provide pursuant to Brady v. Maryland. Counsel will also conduct their own investigation into the matter. This investigation may include visiting the scene of the alleged incident, interviewing witnesses, obtaining surveillance footage, and more. Counsel will file any necessary Motions (such as a Motion to exclude evidence) once this information is obtained. Depending on the nature of the charges, it may be possible to gain a dismissal through Motion practice. An example of this would include drug cases where the narcotics are found to have been illegally seized by law enforcement. Counsel will also be in discussion with the prosecution during this time to determine the possibility of reaching a resolution which is favorable to the defendant. Your counsel will be in regular contact with you during this time.
A key part of mounting a proper defense in any criminal case is to retain an experienced attorney as soon as possible. The sooner you retain counsel, then the sooner they will be able to begin mounting a defense on your behalf. Retaining counsel sooner, rather than later, also provides a defendant with more time to gain an understanding of the situation from their lawyer. This, in turn, allows an individual to engage in a more rational thought process when deciding how to move forward.
If you have been arrested then contact my office today to speak with a Peoria criminal defense lawyer. I am a former prosecutor with substantial experience in regard to handling felony charges. My office prides itself on providing the highest level of representation and we look forward to being of assistance. Contact us online or by telephone today to schedule an initial appointment.
I also serve the cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington. I serve the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Shuyler, Stark, Tazewell and Woodford. I also handle federal cases in Urbana.