This is the next article in my series on the handling of identity fraud related charges in our state. My last article discussed Illinois’ penalties for identity theft. Individuals often wonder if they can go to jail for such an offense. Given that all levels of this crime will constitute felony charges, the answer to that question is “yes.” This article will expand upon that discussion by explaining what first-time offenders can expect from the process. If you or a family member have been charged then contact my office today to speak with a Peoria criminal defense lawyer.
It is understandable that individuals will not know what to expect when they have never had an interaction with the criminal justice system. They can be especially shocked to find out that they are facing felony charges, as is the case in any matter involving identity theft. Even fraud which resulted in less than $300 worth of harm will result in felony charges. In addition to a potential prison sentence, a first-time offender runs the risk of having a felony conviction on their record. This can result in disqualification from a professional license, difficulty finding employment, being denied housing, and more.
The legal process will begin shortly after the accused individual has been arrested. They will appear before the Court shortly thereafter. The Judge will decide whether the accused person should be released on their own accord or if a bond will be required. The next step will be an arraignment, at which the accused individual will enter a plea of “guilty” or “not guilty.” A trial date will be set. If the matter is not negotiated, or otherwise dismissed, then the case will conclude at a trial. This process will be somewhat similar to what is portrayed in the media. Each side will present their respective cases and the jury will reach a verdict after deliberating. Sentencing in such matters will be decided by the Judge.
There are several defenses which can be raised in such issues. Whether or not to assert a particular defense will depend on the specifics of the case. If the prosecution is relying on information obtained through a search by law enforcement, then it may be possible to exclude the information if the police violated the Fourth Amendment. Also, such cases sometimes hinge on statements which the accused individual made to the police. If one’s Miranda rights were violated, then such statements may be ruled inadmissible. Also, the value of the property taken, and whether any actual fraud occurred at all, are issues which can be raised at trial. Again, the viability of any defense will depend on the specifics of the case.
If you or a family member have been charged with first-offense identity fraud then contact my office today to speak with a Peoria criminal defense lawyer. As a former prosecutor, I am familiar with the workings of our court system and I will make sure that you know what to expect as the process moves forward. My office prides itself on providing both the highest level of representation as well as strong personal service to each and every client we serve. If you are in need of assistance then 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.