This is the next post in my series on defending against stalking charges in Peoria and other Illinois areas. My last article provided an overview of topics which this series will be addressing. It also stressed the need to contact an attorney immediately and to avoid contact with the alleged victim. Doing so can a) help to ensure that your rights are protected and b) help to ensure that additional charges are not brought. In this article I will be discussing what to expect when charged with a first-offense. If you or a family member are in need of assistance then contact my office to speak with a criminal defense lawyer.
Peoria stalking defendants can go to prison for a first-offense
It is common for Peoria residents who face first-offense stalking charges to ask the question “can I go to jail?” The answer to this question is, in fact, worse than “yes” as individuals face a potential prison sentence if convicted. An entry-level stalking charge will constitute a Class 4 felony and carries a potential prison sentence of one to three years. While the offense is generally eligible for probation, the granting of supervision will always be within the discretion of the Court. Even if probation is granted, an accused individual will still have to deal with very serious consequences. Such a charge, therefore, can have a dramatic impact on one’s future.
There are several ways in which one can defend against such allegations. First, I have previously discussed the fact that stalking charges are sometimes based on false allegations. If the allegations are fabricated then your attorney will work to present evidence to the Court which disproves them. Second, it is not uncommon for cases to be based on statements or evidence illegally obtained by law enforcement. The exclusion of such evidence can result in a weakening, if not a dismissal, of the charges. Finally, charges are often brought on the basis of the accuser’s version of events. Providing the Judge and Jury with a complete picture of the events may very well show that the conduct did not meet the legal definition of “stalking.” How best to proceed in any case will depend on the specifics of the situation and it is best to discuss the matter with an attorney.
First-time Peoria stalking defendants will likely be subject to a restraining order while the case proceeds
Something that first-time defendants may be surprised to realize is that they will typically be subject to a restraining order while the case proceeds. It is common practice in cases which involve stalking charges for the Court to instruct the defendant to avoid and have no contact with the accuser while the case proceeds. Violations of these orders can result in Contempt of Court charges, additional counts of stalking, and more. Your counsel will explain the importance of avoiding contact with you and will also stress that you must avoid the accuser. It is important that one follow this advice as the accuser cannot simply “drop” the charges. Only the prosecution can dismiss the case once it has been brought.
If you have been charged with stalking then contact my office today to speak with a Peoria criminal defense lawyer. I am a former prosecutor and I am familiar with the workings of our local Court system. I pride myself on providing the highest level of service and I 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.