This is the next article in my series on the handling of violent crime charges in Peoria, Illinois. My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney as soon as possible if you or a loved one have been arrested. It is important to speak with counsel so that they may begin to determine the best way to proceed. In this article I will be discussing the handling of such cases as a general matter. If you or a loved one are in need of assistance then contact my office today to speak with a criminal defense lawyer.
Illinois charges involving violence are heard by the Circuit Court
Charges will typically be filed against a defendant shortly after they are arrested. Illinois law typically requires that a preliminary hearing be held within thirty days after an individual, who is still in custody, has been arrested. The time for this hearing to be held is extended to sixty days if an individual is not in custody. These time frames are often extended, however, due to an agreement by the parties or by the prosecution showing good cause for a continuance. A preliminary hearing is not a trial. It is simply a setting in which the prosecution must show that there is “probable cause” to believe that a crime occurred and that the accused committed the offense. This is a very low standard and the prosecution will typically meet it barring unforeseen evidence or other evidentiary problems.
An arraignment will be held shortly after a defendant has been “bound over” to the Circuit Court following the preliminary hearing. If the case is not otherwise resolved through an agreement then the defendant will enter a plea of “not guilty” and a trial date will be set. Illinois law allows for one to demand a speedy trial. If this right is asserted then the trial date must occur within 120 days for individuals in custody and within 160 days if the defendant is out of custody. The time between the arraignment and trial allows for the defense to file any necessary Motions, to continue their investigation, and to otherwise prepare for trial. Separate hearings will be held for any Motions filed. These may include Motions to exclude unlawfully seized evidence as well as Motions in Limine.
The case will proceed and it is the prosecution’s burden to prove the case beyond a reasonable doubt. Trial will begin with the selection of a jury. Each side will be given a number of challenges which they may assert against potential jurors. The Judge will also be able to remove any jurors whom he or she believes cannot be impartial. The prosecution will make its opening statement. The defense will then make an opening statement and the case will proceed to the presentation of evidence. Closing arguments will be made and the jury will be asked to deliberate. If the jury returns a “not guilty” verdict then the case will be concluded and the defendant will be released shortly thereafter. If the defendant is convicted then they will be remanded into custody and a sentencing date will be set. This is a highly complicated process and retaining a qualified attorney can be crucial.
The type of defense offered in a violent felony case will depend on the nature of the matter
The strategy suggested by your attorney will depend on the types of charges in the case and the facts of the matter. The possibility of gaining a dismissal in some matters will largely depend on whether there are viable search and seizure issues. This can be especially true in matters involving gun crimes. Other matters, however, may require a “not guilty” verdict at trial to be completely disposed of. This occurs, for example, in battery cases which involve a claim of self-defense. How to best proceed in any given situation will always depend on the facts of the case.
If you or a loved one have been charged with a felony then contact my office today to speak with a Peoria violent crime lawyer. I have devoted much of my career to protecting the rights of the accused. I believe that everyone is entitled to both effective representation and respect. I will give you an honest assessment of your situation and will be available to answer your questions as the matter moves forward. We look forward to speaking with you.
We also serve clients in Bloomington, Decatur, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington and 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.