This is the next post in my series on the handling of violent felony charges in Peoria and other Illinois areas. My last article addressed the question of “can I receive probation for a violent felony?” While the answer to this question is generally “no,” it is important to understand that prohibition on probation only applies to individuals convicted of a violent crime. If one pleads guilty to, or is otherwise convicted of, a lesser charge then they may be eligible to receive probation. Whether or not to grant a term of supervision is within the discretion of the Court. An experienced attorney can help you to fully understand your situation. In this article I will discuss the importance of retaining qualified counsel. If you need assistance then contact my office today to speak with a lawyer.
Many individuals make the mistake of thinking that there is “nothing they can do” once they have been charged with a crime. This is understandable given that such a person has already been arrested and booked. The fact of the matter, however, is there are several defenses which may be available when one is accused of a violent act. Such defenses may involve claims of self-defense, search and seizure issues, and issues of an inadmissible identification. I will discuss each of these in turn.
Many violent felonies involve accusations that the defendant committed a violent act against a victim. Such cases are often witnessed by no one other than the two involved parties. There are also situations which may involve a third-party witness who only viewed a portion of the event. In these types of instances, it will be necessary for law enforcement to determine who was the “primary aggressor.” In other words, it is possible that the police will have arrested someone who was simply defending themselves. The claim of self-defense must be proven at trial. Evidence which an attorney can utilize in such a defense can include security footage, medical records, phone records which may show a larger context, and more.
Other cases may involve search and seizure violations by law enforcement. These violations are sometimes raised in cases which involve a weapon. Suppose, for example, that Jill claims Jack flashed a gun at her. Without first obtaining a search warrant, the police search Jack’s house and find a firearm. Jack is arrested and charged with a crime. Jack files a Motion to exclude the firearm from evidence on the grounds of a Fourth Amendment violation. If the Motion is successful, and Jack does not face other charges, then succeeding on such a Motion could result in a dismissal of the case.
Finally, many charges involving violence are heavily reliant on eye-witness testimony. I have previously discussed excluding eyewitness identifications in assault and battery cases. These same rules apply to other offenses involving violence. In short, a witness will be precluded from identifying a defendant in court if their initial ID of the defendant was based on overly-suggestive police procedures and was not otherwise reliable. If the prosecution’s case is largely based on the identification, or if the ID is what led to an arrest warrant, then obtaining exclusion of the ID may well lead to a dismissal of the charges. Whether the ID process was permissible is an issue which would be decided by the Court.
The foregoing examples illustrate some of the issues which an attorney may attempt to raise in a given case. How to best proceed in any matter will always depend on the specifics of the situation. I am a Peoria criminal defense lawyer and a former prosecutor. I am familiar with the workings of our local court system and my career has been devoted to protecting the rights of the accused. I understand the potential ramifications of a conviction and my office will give your case the attention it deserves. Contact us online or by telephone today if you are facing violent felony charges.
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.