This is the next article in my series on the handling of first-time drug charges in Peoria, Illinois. My last article discussed how search and seizure issues impact narcotics cases. If the Court finds that law enforcement violated an individual’s rights, then such issues may lead to a dismissal of the charges. Search and seizure questions raise complicated legal issues and it is important that you retain an experienced attorney to protect you. In this article I will be discussing what to expect from the trial process. If you are in need of assistance then contact my office today to schedule an initial consultation.
The trial will begin with the selection of a jury. This is true whether the defendant is charged with a misdemeanor or a felony. Jurors are selected out of a pool of individuals from our local community. Defense counsel and the prosecution will each be able to ask questions of potential jurors. Each will also have a set number of challenges they may use to remove a juror whom they find unacceptable. The Judge may also choose to remove a juror whom they believe cannot be impartial. It should be understood that jurors cannot be removed for reasons that are protected under the Constitution; a juror may not be removed due to race, gender, religion, etc. Once the required number of jurors has been selected then the jury will be empaneled.
Opening statements will be made by each side. This allows the attorneys to inform the jurors of the evidence which they will hear. This is not a time for argument. The prosecution will present its evidence and witnesses after opening statements have been completed. The defense will have an opportunity to cross-examine these witnesses. The defense will then present their case and the prosecution will conclude with “rebuttal” evidence. Rebuttal is not a time for the prosecution to raise new issues. This part of the case may only be used to directly address claims made by the defense. Once all evidence has been presented, each side will make a closing argument and the jurors will deliberate. If the verdict is “not guilty” then the matter will be concluded. If the matter ends in a conviction, then sentencing will be scheduled for a later date.
The handling of a trial is an extremely complicated process. The rules of evidence will be enforced by the Judge. Not being versed in the proper rules and procedures can result in the jurors not being presented with evidence that is vital to the defense. It can also result in the prosecution being able to admit evidence which otherwise should have been excluded. Moreover, it is important to have an attorney who is experienced in presenting facts to a jury in a way that is clear and understandable.
If you or a family member have been arrested then contact my office today to speak with a Peoria drug charge lawyer. I am a former prosecutor who devotes his practice to protecting the rights of the accused. I understand that this is a serious time in your life and my firm will give your matter the attention it deserves. Contact us online or by telephone today for an initial consultation. 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.