This is the next article in my series on the handling of Class 2 felony charges in Peoria and other parts of Illinois. My last article discussed whether a Class 2 felony charge can result in probation. It is important to understand that, while such offenses are generally probationable, whether or not to actually grant a term of supervision is within the discretion of the judge. Having an attorney to assist you during sentencing can be crucial. In this article, I will discuss the handling of a first offense. If you are in need of assistance then contact my office today to speak with a criminal defense attorney.
Illinois defendants are typically brought before a Judge within forty-eight hours after having been arrested
Once a defendant has been arrested then they will typically be arraigned within forty-eight hours. At this arraignment, the Court will announce the charges against the defendant and will determine whether the accused must remain in custody. The Court may elect to release the accused on their own recognizance or on bond. The prosecution will either gain an Indictment or the matter will proceed to a preliminary hearing. If, at the preliminary hearing, the Court finds that there is reason to believe that the crime occurred, then the defendant will face charges in the Circuit Court. If the defendant requests a speedy trial, then the matter must go to trial within 120-160 days, depending on whether the accused individual is in custody.
An additional arraignment will be held once formal felony charges are filed in the Circuit Court. The defendant will typically enter a plea of “not guilty.” A trial date will be set and the prosecution will be required to provide various materials under the Supreme Court’s Brady decision. Defense counsel will conduct an investigation into the matter. This can include possibly visiting the scene of the offense, interviewing witnesses, obtaining security footage, etc. The defendant’s attorney will also file any necessary Motions with the Court. These may include Motions to exclude evidence, to exclude illegally obtained statements, and more. If a resolution is not reached between the prosecution and the defense, then the case will proceed to trial. Most cases, however, end with either an agreed upon resolution.
Contact a Peoria defense lawyer for a first-offense Class 2 felony
If you are charged with a first offense then it is understandable that you likely do not not know what to expect from the process. It is important that you retain experienced counsel as quickly as possible. The sooner you retain a lawyer, then the sooner they may begin investigating your case and exploring options for your defense. When selecting an attorney, it is suggested that you consider their overall experience, their familiarity with our Court system, and more.
If you have been charged with a felony then contact my office today to speak with a Peoria defense lawyer. I am a former prosecutor who is devoted to protecting the rights of the accused. I am highly familiar with the workings of our local court system and my office will give your case the attention it deserves. Call today for assistance. 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.