This is the next post in my series on dealing with Class 4 felony charges in Peoria and other Illinois areas. My last article addressed handling first-offense Class 4 felonies. It is common for individuals, who have never interacted with the criminal justice system, to not recognize the gravity of the situation. It is important that they take such matters seriously as these types of charges can result in a prison sentence. An experienced attorney can help first-time offenders with understanding what they should expect from the process. In this article I will be discussing the process of a typical trial in these types of cases. If you are in need of assistance then contact my office today to speak with a lawyer.
Trial will begin with the selection of a jury. The potential jurors are chosen from a pool of individuals in our local community. Each side will have the opportunity to ask questions of the potential jurors, through a process known as voir dire. The attorneys for each side will be given a certain number of “challenges,” which they may use to remove a potential juror from the pool. The Judge may also remove a juror “for cause” if it is clear from a juror’s answers that they cannot be impartial. A juror may not be removed for “protected reasons,” such as race, ethnicity, gender, religion, etc. Once the jurors have been selected then the jury will be empaneled.
The prosecution will begin with an opening statement. The defense will then make their opening statement. These statements are not a time for argument. Each side will use this time to tell the jury what they believe the case is about and what evidence they plan to present. The prosecution will present its evidence and witnesses. The defense will then present its case and the prosecution will follow with rebuttal. Rebuttal is not a time for the prosecution to raise new arguments. They may only use this part of the case to directly address claims made by the defense.
Once all the evidence has been presented then the attorneys will make arguments to the judge over which instructions should be given to the jury. Each side will then make closing arguments and the jury will be asked to deliberate. If the jurors return a verdict of “not guilty” then the case will be concluded and the defendant will be released from custody shortly thereafter. If the defendant is convicted then they will remain in custody pending sentencing. Sentencing will be handled at a later date and the final punishment will be determined by the judge.
Attending trial in any matter can be highly complicated. The rules of evidence and procedure will be strictly enforced. Also, it is important to present the case in a way which the jurors can digest and follow. Retaining an attorney with experience in such matters can be crucial. I am a Peoria criminal defense lawyer and a former prosecutor. I have extensive experience in handling such matters. If you or a loved one are in need of assistance then contact my office today to schedule an initial consultation. 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.