This is the first post in a series which will discuss the handling of “felon in possession of a firearm” charges in Peoria, Illinois. I feel it is necessary to write on this issue due to the serious nature with which prosecutors pursue such charges. Quite often, a defendant might not realize the gravity of their situation. The goal of my upcoming articles will be to provide information which will help people to better understand their situation. It is also my goal to provide information which will assist with the selection of a criminal defense attorney. If you or a loved one have been arrested the contact my office today to speak with a lawyer.
I will be addressing a number of topics over my coming articles. Matters which I will analyze include:
- An explanation of the Federal Government’s felon in possession laws
- A probation officer’s right to search a defendant
- How search and seizure issues impact these matters
- The requirement that the government prove the case at trial
It is important that these issues be understood by those who have been arrested. First, it is illegal, under the United States Criminal Code, for anyone to possess a gun if they have previously been convicted of domestic violence or a felony. This means that simply holding a weapon, which someone else owns, can lead to charges. Second, it is not uncommon for weapons to be found when a probation officer is searching a probationer’s home. In such a circumstance, a defendant must be aware that conventional search and seizure rules do not apply. Third, and conversely, the Fourth Amendment does protect a felon against an unreasonable search by the police or by FBI agents. Finally, even if one has been arrested, it is the government’s burden to prove the case at trial.
If you or a family member have been charged with being a felon in possession of a firearm then it is vital that you contact a criminal defense lawyer as soon as possible. Counsel will review all of the evidence in the matter and will work to make sure that you understand all of your options. I am a Peoria attorney who is also licensed in Federal Court. Contact my office today to schedule an initial consultation. We also service the cities of Bloomington, Decatur, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington. We also serve the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford. Additional areas where we handle federal cases include Benton, Chicago, East St. Louis, Springfield, and Urbana.