Whether facing accusations of drunk driving, drug possession, or weapons violations, those who face allegations of criminal activity are wise to take the matter seriously. This is true even for a first offense. A clean record will not translate to special treatment. The courts will review the charges and may still agree to serious penalties, such as fines and even imprisonment. As such, it is important to take action to better ensure a more favorable outcome. Three tips that help those who are facing their first offense include the following.
#1: Understand the charges.
A strong defense depends on the particular charges. Each criminal charge comes with specific elements the prosecution must establish in order to build a successful case. It is important to review these requirements to get a better idea of what the prosecution is looking for. Take, for example, an individual who is accused of unlawful possession of a weapon when carrying a pocketknife. If the prosecution can establish the following, they could build a successful case:
- The blade opens automatically when you push a button (like a switchblade or ballistic knife), or
- The accused was carrying the weapon with the intention of hurting another, or
- The accused had a knife with a blade three inches or longer on government property.
It is important to review these requirements so you can start planning your defense accordingly.
#2: Review the evidence.
The prosecution will need evidence to support their case. In the example noted above, they would need to show that the accused had the weapon in their possession and that it either had an automatic opening mechanism, that they were planning to hurt another with the weapon, or on a “public way” such as a street or sidewalk and the blade is over 3 inches in length. The prosecution will be gathering information about the location of the accused at the time of the alleged offense, the knife, its characteristics, and the intentions of the accused to build the case.
#3: Seek legal counsel.
It is important to seek legal counsel with experience in this area of law for many reasons, including:
- Experience. An attorney with experience in this area of law knows what the prosecution will attempt to argue to get a conviction. This can work in your favor as they can use this information to tailor a defense strategy to your case.
- Preparation. Odds are high the prosecution is looking at building their case around more than just a single charge. Having experienced legal counsel on your side means your attorney can prepare for these charges as well.
- Alternative options. In some cases, there are alternative options that you can pursue instead of traditional criminal penalties. For weapons offenses, for example, there is a First Time Weapon Offense Program that may serve as an alternative to jail time. An attorney can review the requirements for this program and pursue this option if your case qualifies.
These are just a few ways an attorney can help when facing a first offense in Illinois. Although it is important to take the charges seriously, the charges are not the same as a conviction. With a strong defense, tailored to the specifics of your case, you can fight for a reduction or dismissal of charges or consideration of an alternative program – mitigating the impact of the allegations on your future.