This is the next post in my series on the handling of Class 2 felony theft cases in our area. My last article discussed how search and seizure issues can impact a theft case. Depending on the facts of the matter, a Fourth Amendment violation by law enforcement may lead to a dismissal of the charges. An experienced attorney can assist you with determining a) whether law enforcement violated your rights and b) how the violation impacts your case. This article continues the discussion by explaining the role of a criminal defense attorney in the handling of your matter. If you are in need of assistance then contact my office today to speak with a Peoria lawyer.
Once retained, there are several actions which your attorney will take immediately. First, they will represent you at your initial arraignment. If the matter is not resolved then they will enter a “not guilty” plea on your behalf. They will also request all evidence (known as “discovery”) that the prosecution is required to provide pursuant to Brady v. Maryland. In addition to requesting the discovery, your counsel will launch an investigation into the matter. This investigation may include visiting the scene of the incident (depending on the circumstances), identifying and interviewing witnesses, obtaining surveillance footage, and more. If an early resolution is not reached in your case, then counsel will continue this process as part of preparing your case for trial.
Counsel will analyze all aspects of your case to determine possible defenses. In a theft case, this can involve several different issues. First, it is the Prosecution’s burden to prove beyond a reasonable doubt that one actually committed the offense. Your attorney will analyze the evidence to determine places where the Prosecution’s case is weak. This may include, for example, a lack of evidence linking the defendant to the actual taking of property. Other cases may hinge on search and seizure issues, as discussed in my last article. Other situations may involve the use of overly suggestive tactics by law enforcement in obtaining an eyewitness ID. This can result in witnesses being prohibited from testifying in Court. Also, Miranda issues or disputes over the valuation of property can be important in these types of cases. How to best defend the matter will always depend on the facts of the case.
An important aspect of any criminal case is for an individual to understand that they have options. It is, understandably, common for defendants to think that there is “nothing they can do” after they have been arrested. It must be remembered, however, that even if a case cannot be dismissed, that your attorney will still protect your interests. There are many situations where the presence of a strong defense strategy can lead the prosecution to make a more favorable offer than what would otherwise be forwarded. By exploring all aspects of your case, your attorney can help you to reach the best possible outcome.
If you or a family member have been arrested then contact my office online or by telephone to speak with a Peoria theft lawyer. I understand the serious nature of such charges and I devote a substantial portion of my practice to protecting the rights of the accused. My firm prides itself on providing a high level of service and we 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.