There are many ways that a criminal charge can be resolved. A deferred prosecution is one of the more favorable of those ways.
Deferred Prosecutions as a Resolution to Criminal Charges
by Attorney Eric D. Puryear Criminal Law in General
by Attorney Eric D. Puryear Mistaken Identities in Criminal Defense Cases
by Attorney Eric D. Puryear There are many situations where a person is incorrectly accused of a crime, due to a mistaken identity issue. Our firm has represented clients in both Iowa and Illinois who have been accused of a crime that someone else had committed.
Immigration Consequences of Criminal Convictions
by Attorney Eric D. Puryear Criminal convictions can have significant consequences for a person who is not a US citizen. Those consequences can include deportation.
The Long-Lasting Effects of a Theft or Shoplifting Conviction
by Attorney Eric D. Puryear A conviction for theft or shoplifting can have a long-lasting effect upon a person’s life, in a variety of different ways.
Why No One Should Consent to Police Searches
by Attorney Eric D. Puryear Police will often ask a person for permission to search their home, car, or person. It is almost never wise to give such permission, for a variety of reasons.
What to Do After Your Home is Raided in a Criminal Investigation (Search Warrant Execution)
by Attorney Eric D. Puryear When a person is suspected of a crime, the police will often raid the person’s home in search of evidence. More formally, this is referred to as the execution of a search warrant.
Matters to Discuss with a Lawyer During a Criminal Defense Consultation
by Attorney Eric D. Puryear A consultation is the first step in retaining an attorney to represent a person in a criminal case. There are many matters that should be discussed during a criminal case consultation.
A Person is Innocent Until Proven Guilty in Criminal Cases
by Attorney Eric D. Puryear One of the most basic principles in the American legal system is that a person who is accused of a crime is innocent until proven guilty. This principle is the bedrock of our criminal justice justice system, and should be remembered by everyone who is involved in a criminal case.
Federal Habeas Corpus
by Attorney Eric D. Puryear After a criminal defendant has been convicted and sentenced and completed his or her direct appeal and state post-conviction relief proceedings, the defendant has one final means to challenge his or her conviction and sentence. This final proceeding is called a federal habeas corpus proceeding, which is found at 28 U.S.C. section 2254 (prisoners in state custody) and 28 U.S.C. section 2255 (prisoners in federal custody). Habeas corpus is defined as a writ requiring a person to produce a prisoner at a designated time and place so that the court can determine the legality of the prisoner’s detention and whether to order the prisoner’s release.
Jury Selection in Criminal Trials
by Attorney Eric D. Puryear In a criminal jury trial, it is the members of the jury who decide the guilt or innocence of the accused. Selecting the jury is an important part of a person’s defense.
Brady v. Maryland and Exculpatory Evidence in Criminal Cases
by Attorney Eric D. Puryear In the United States Supreme Court case of Brady v. Maryland, 373 U.S. 83 (1963), the United States Supreme Court held that a prosecutor who suppresses evidence favorable to the criminal defendant upon request violates the defendant’s right to due process where the evidence is material either to guilt or to punishment, irrespective of the good or bad faith of the prosecutor. This is the law of the land in the entire United States, and applies to prosecutions in every state and also at the Federal level.
Jury versus Bench Trial in Criminal Cases
by Attorney Eric D. Puryear A person facing criminal charges can have either a jury trial or a bench trial. Depending upon the nature of the charges and facts of the case, it may be wise to opt for one type of trial or another.
The Interplay Between Criminal Charges, DHS/DCFS Reports, Custody Cases, and Juvenile Abuse/Neglect Cases
by Attorney Eric D. Puryear A person who is charged with a crime relating to child abuse will often find themselves also facing a DHS or DCFS child abuse report, a custody case, and/or a juvenile abuse/neglect case.
Plea Offers and Plea Bargains in Criminal Cases
by Attorney Eric D. Puryear In criminal cases, the prosecution will often make plea offers to the defendant. That process of negotiating is call plea bargaining. Deciding whether a person accused of a crime should accept a plea offer is an important decision that must be made carefully, as the ramifications are quite serious.
Dealing with Interstate Detainers, Out-Of-State Warrants, and Criminal Charges in Multiple States
by Attorney Eric D. Puryear It is somewhat common for people to have warrants or pending criminals case in multiple states. This can complicate matters and lead to unfavorable outcomes, yet if handled properly can result in outcomes more favorable than might have been had with charges in a single state.
Gun Rights Restoration for Illinois and Iowa Residents
by Attorney Eric D. Puryear Those who have been banned from gun ownership due to a criminal conviction or other disqualifying event in Illinois or Iowa can seek a restoration of their gun rights. This is a somewhat involved process that must be handled properly in order to have the best chance of succeeding. My firm has represented many clients in Iowa and Illinois to seek such a restoration of their gun rights.
Failure to Appear (FTA) in Criminal Cases
by Attorney Eric D. Puryear A Failure to Appear (FTA) is the legal term commonly used in Illinois and Iowa courts for a defendant not showing up to court as scheduled. An FTA can cause significant problems for a defendant.
Bond Revocation in Criminal Cases
by Attorney Eric D. Puryear For those who are out on bond after being charged with a crime, it is possible for bond to be revoked by the court. Bond revocation can happen for a variety of reasons in an Illinois or Iowa criminal case.
Dealing with False Domestic Abuse Accusations
by Attorney Eric D. Puryear False accusations of domestic abuse are common in divorce and custody cases in Illinois and Iowa. Properly handling such accusations of domestic violence is of the highest importance.
The Importance of a Good Criminal Record
by Attorney Eric D. Puryear Criminal history checks are becoming more common with each passing year, increasing the importance of maintaining a good criminal record.