This is the next post in my series on the handling of Class 4 felony charges in our area. My last article discusses whether Peoria residents can receive probation for a Class 4 felony. It is important to understand that while such charges are generally probationable, whether or not to grant a term of supervision is within the discretion of the Trial Court. An experienced attorney will give you an honest assessment as to how the Court may handle your matter. In this article I will discuss what one should expect when they are charged with a first-offense. If you or a loved one are in need of assistance then contact my office today to speak with a lawyer.
Illinois Class 4 felonies are brought after a preliminary hearing or the issuance of an Indictment
When an individual is arrested for a felony in Illinois then the prosecution must show probable cause that an offense occurred before they may proceed with charges. They must make this showing at a preliminary hearing or by presenting evidence to a Grand Jury in request of an Indictment. Once the individual has been “bound over,” then an arraignment will be held. A trial date will be set and the accused will have the right to request a speedy trial. The right to a quick trial, however, may be waived. In between the time of the arraignment and the trial, defense counsel will conduct an investigation into the matter, will file any necessary Motions, and will attempt to reach a favorable resolution with the prosecution.
The type of defense mounted in a Class 4 felony case will depend on the nature of the charges. Cases involving identity theft or selling stolen property may involve search and seizure issues stemming from police seizing evidence without first obtaining a search warrant. This can include law enforcement searching an individual’s phone, computer, digital records, or residence. Also, if law enforcement illegally obtained incriminating statements in violation of the Fifth Amendment’s Miranda protections then such statements may be excluded from the Court’s proceedings. Finally, in any case it will be the prosecution’s burden to prove guilt beyond a reasonable doubt. A defendant always has the option of taking his or her case to trial.
It is common for first-time offenders to ask the question “can I go to jail for this?” The answer is any Class 4 felony case is most certainly “yes.” Such charges carry a possible prison sentence of one to three years. Even though such charges may eligible for probation, as I discussed in my last article, it must be remembered that the Judge has discretion to impose a term of probation. Also, incarceration becomes increasingly likely if the individual is facing numerous counts of criminal conduct. An experienced attorney will assist you with determining the potential consequences of the charges.
Retain a Peoria criminal defense lawyer if you face Class 4 felony charges
It is understandable that one may not recognize the severity of the situation when they are facing a first-offense. This is especially true for Class 4 charges, as such offenses can involve crimes with a financial value of less than $300. Rest assured, however, that both Judges and Prosecutors take the matter very seriously. Retaining qualified counsel as soon as possible is important. It will allow your representative to immediately begin building a defense on your behalf. I am a Peoria felony defense lawyer and a former prosecutor. I believe that everyone is entitled to both effective representation and respect. Contact my office online or by telephone today to schedule an initial consultation.
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.