This is the next post in my series on the handling of criminal fraud charges in Peoria and other parts of Illinois. My previous article discussed whether fraud is a felony or a misdemeanor in our state. One must understand that a case may carry either misdemeanor or felony charges. The nature of the charge one faces will depend on the specifics of the case and the financial amounts involved. Contacting an attorney as soon as possible is important regardless of the level of offense one faces. This article will follow up my prior discussion by answering the common question of whether one can go to jail for fraud in our state. If you are in need of assistance then contact our office today to speak with a criminal defense lawyer.
Illinois defendants can go to jail or prison for fraud, but may receive probation
The answer to the question of whether or not one can go to jail for fraud in Illinois is “yes.” As I discussed in my prior article, charges can range from a Class A misdemeanor to a higher level felony. Any offense along this spectrum carries the potential of incarceration; misdemeanor convictions can result in up to one year in jail while a felony conviction will carry a prison sentence. Also, as I discussed in my prior post, defendants will often face additional counts for other offenses which flow from the same course of conduct. This means, for instance, that if an additional count carries a higher possible sentence than the fraud charge, then the defendant may serve a lengthy term of imprisonment. It should be remembered that how any case will be charged is always going to depend on the facts of the matter.
It is important to note that most fraud charges will generally be probationable. Whether or not to grant probation will always be within the discretion of the judge. When deciding whether or not to grant probation, the Court will consider factors such as the defendant’s criminal history, the nature of the case, the extent to which one accepted responsibility for the crime, and more. If an individual is placed on probation then the Court will issue a sentence. That sentence will be suspended while the individual serves a period of time under the supervision of a probation officer. If the terms of the supervision are violated, then the defendant may have to serve the originally imposed sentence.
Retain a lawyer immediately if you have been charged with fraud
As explained above, you face the possibility of incarceration if you have been charged with fraud. It is, therefore, vital that you hire an attorney as soon as possible. How counsel will defend the case is going to depend on the specific circumstances of your arrest. The matter may involve search and seizure issues, disputes over the valuation of what was taken, or outright defending the charges at trial. If a defense is not feasible then counsel will work to gain the most favorable resolution possible. Given the impact that such charges can have on your future, it is important to have experienced representation.
If you or a family member have been arrested then contact us online or by telephone to speak with a Peoria criminal defense lawyer. I am a former prosecutor and my practice is heavily focused on protecting the rights of the accused. I understand the serious nature of such charges and my office will give your case the attention it deserves. We look forward to speaking with you. I also serve the cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington. I serve the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Shuyler, Stark, Tazewell and Woodford. I also handle federal cases in Urbana.