This is my next post in a series of articles addressing the defense of Class 3 felony theft charges in Peoria, Illinois. My last article discussed Miranda issues in felony matters. Many people are not aware of their right to remain silent or refuse to speak with law enforcement without a lawyer present. The Fifth Amendment of The U.S. Constitution offers certain protections which translate into rules law enforcement must follow. Statements made before a person was informed of their rights could be deemed inadmissible in Court, which could greatly affect the case’s outcome. In this article, I will discuss the process of Class 3 felony theft cases from arrest through trial. It is helpful for an individual to understand what to expect from the legal process as these offenses carry the potential for serious and life-altering consequences. Contact my office to speak with a criminal defense lawyer if you are facing such charges.
Law enforcement may arrest an individual who is suspected of committing a Class 3 felony theft. An arrest can occur at the scene of the alleged crime or at a later date after an investigation has taken place. The individual is then taken to a local jail where they are booked. This includes taking fingerprints, photographs, and recording personal information. The accused may be held in custody until a bond hearing. A bond hearing is a legal proceeding during which the Judge will determine whether the defendant can be released pending trial and under what conditions. The Court considers factors such as the severity of the offense, the defendant’s criminal history, ties to the community, and risk of fleeing. The Court may set a monetary bond, release the defendant without having to pay a bond, or impose conditions like avoiding contact with alleged victims and regularly checking in with law enforcement.
A preliminary hearing or a grand jury Indictment comes next. The prosecution must demonstrate that there is probable cause to believe the defendant committed a crime. In cases which utilize a preliminary hearing, the case moves forward if the Court finds such evidence. The prosecution could present the case to a grand jury instead. A grand jury hears evidence then decides whether formal charges should be issued via an Indictment. The defendant is formally charged at the arraignment and enters a plea. Typically, an individual will enter a plea of “not guilty.” The case is set for trial unless a plea agreement is reached. A skilled defense attorney will review the police reports, witness statements, video surveillance, and more in preparation for trial.
Pretrial Motions may be filed by the defense. These can include Motions to Suppress Evidence if it was obtained unlawfully, Motions to Dismiss, or others. The case proceeds to trial if no plea deal is accepted. An individual has the constitutional right to a jury trial but may waive it and opt for a bench trial instead. The prosecution and defense question individuals selected for jury to ensure the trial would be fair. Either side may challenge jurors and trial begins once a jury is selected. Trial involves opening statements, presenting evidence, calling and cross-examining witnesses, and closing arguments. The burden of proof is on the prosecution. The case is over if the jury finds the defendant not guilty. The matter moves to sentencing if the jury returns a guilty verdict, however.
Sentencing in Class 3 felony theft cases can vary widely depending on the circumstances. A Class 3 felony carries a potential prison sentence of two to five years along with one year of mandatory supervised release. Financial penalties are common as well. The Judge may weigh factors in sentencing such as remorse, restitution, prior offenses, and impact on the community. The legal process of felony theft cases is governed by rules and legal procedures. Mistakes and missed opportunities can be made without skilled legal guidance.
Contact my office today to speak with a Peoria criminal defense attorney if you are facing a Class 3 felony theft in Illinois. An experienced lawyer can conduct a thorough review of your case, raise any constitutional defenses, and present your case in the best light possible. I am a former prosecutor who has the experience to assist you with these legal matters. 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.