This is the next post in my series on the handling of Peoria, Illinois cases which involve putting a youth at risk. My last article discussed handling first-offense child endangerment charges. It is important to understand that such allegations can, in addition to the potential criminal penalties, have an impact on child custody proceedings. These are just some of the reasons why it is crucial to contact an attorney as soon as possible. In this article I will be discussing the process one faces in such a case. If you or a family member are in need of assistance then contact my office today to speak with a criminal defense lawyer.
A child endangerment case will typically begin with the defendant being arrested. There are some situations in which a parent will be charged after the fact, which may not necessitate an immediate arrest. What will immediately happen to the child will depend on the circumstances. In some cases, law enforcement may have the defendant call a relative (such as a spouse or significant other) to come get the child from the scene. In other cases, law enforcement may turn the child over to Child Protective Services. Once the defendant has been taken into custody they will be given a chance to either post bond or be released on their own recognizance.
The defendant will enter a plea of “guilty” or “not guilty” and a trial date will be set. In between the time of the arraignment and trial, counsel for the defendant may file any Motions which are appropriate to the case. These Motions may include requests to challenge the circumstances under which the Defendant was stopped. They may also include requests to exclude statements taken in violation of Miranda protections and more. In addition to filing any necessary motions, and conducting any necessary investigations, defense counsel will engage in discussion with the prosecution to determine if a resolution can be reached. Most cases end through a resolution as very few matters go to trial.
If the case does go to trial then the defendant will be entitled to have the matter decided by a jury. This is due to the fact that Illinois guarantees a jury trial in all criminal matters. The trial will begin with jury selection. Each side will then make an opening statement and the prosecution will present their case. The defense will present its case and the prosecution will follow with rebuttal. Each side will then make a closing argument and the jury will deliberate. If the matter ends in a conviction, then sentencing will be handled by the Judge. The potential length of any sentence will depend on the number and nature of the charges which the accused individual is facing.
It is common for child custody proceedings to be going on at the same time as the criminal matter. Depending on the circumstances, the Department of Children and Family Services (DCFS) may also be involved. Quite often, the Family Law Judge will stay any final decision on custody until the criminal matter and any DCFS proceedings have concluded. When handling the criminal charges, it is crucial to be mindful of the impact which they will have on these other legal issues. An experienced attorney will be mindful of protecting your various rights throughout these processes.
If you have been arrested for child endangerment then contact my office today to speak with a Peoria criminal defense lawyer. I understand the extreme impact that such cases can have on one’s life. As a former prosecutor, I am familiar with the workings of our local court system and my office will give your case the attention it deserves. Contact us online or by telephone today to schedule an initial consultation. In addition to Peoria, 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.