This is the next article in my series on the handling of Class 3 felony charges in Peoria and other parts of central Illinois. My last article discussed defending Class 3 felony charges. It is important to understand that how to best defend against any particular set of charges will always depend on the specific facts of the case. An experienced attorney will assist you with determining the best course of action going forward. In this article I will discuss the general process which one can expect to face when charges have been filed by the prosecution. If you or a family member are in need of assistance then contact my office today to speak with a criminal defense lawyer.
Felony charges will be brought in the Illinois Circuit Court after the prosecution has obtained an Indictment from the Grand Jury or the Prosecution has held a preliminary hearing. The defendant will enter a plea of “guilty” or “not guilty.” If the defendant asserts their right to a speedy trial then the case must go to trial within 120 days if the accused individual is in custody. If they are out of custody then the case must go to trial within 160 days. Early in the proceedings, the defense will receive police reports and other information which the prosecution is required to provide. The defense will also conduct their own investigation to gain additional facts about the case and to prepare for trial. This investigation may involve visiting the scene of the incident, interviewing witnesses, etc.
The defense will file any Motions which Counsel deems necessary in the case. These Motions may include requests to exclude illegally obtained evidence, requests to exclude statements, and more. The Court will hold hearings on these Motions prior to trial so that any outstanding issues are decided prior to swearing in a jury. Depending on the facts of the case, these Motions may limit the Prosecution’s case or even result in a dismissal of the charges. The presence of any such issues will be determined by your attorney after a thorough review of the evidence.
The case will proceed to trial in the event that an agreement is not reached with the prosecution or if the matter is not otherwise dismissed. The first step in trial is the selection of a jury. Potential jurors are chosen from a pool of our local citizens. Attorneys for the defense and the prosecution will ask questions of the potential jurors. The Judge will ask additional questions. If it is clear that a juror cannot be impartial then the Judge may remove them “for cause.” The attorneys for each side may also remove a certain number of jurors. They may not, however, remove jurors for reasons related to race, gender, religion, or other protected characteristics. The trial will consist of opening statements, evidence, and closing arguments. The jurors will then deliberate and issue a verdict of “guilty” or “not guilty.” If the defendant is convicted, the sentencing will be handled by the Judge.
The foregoing process can be highly complicated. The rules of evidence will be enforced and must be followed. It is important that you retain an attorney who is experienced in handling such matters. I am a Peoria criminal defense lawyer who believes that everyone is entitled to both aggressive representation and respect. If you or a family member have been charged with a crime then contact my office online or by telephone today to schedule an initial appointment. We look forward to working with you. I also serve the cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington. I serve the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Shuyler, Stark, Tazewell and Woodford. I also handle federal cases in Urbana.