My son is locked up in Peoria county jail charged with first degree murder after an incident with his uncle/my brother which resulted In his death, however a friend of my sons was also into an altercation with my brother during that time but was never considered as a suspect and was let go. how is it that they didn’t retain the both of them.
No one on this website can possibly answer your question about the investigation. Your son needs a criminal defense attorney as quickly as possible, if not sooner.
I'm an attorney, obviously, and I'm licensed to practice in Wisconsin, but I'm not your attorney unless and until you retain me or my firm. As such, nothing I post here should be considered personal, privileged, or formal legal advice. #IANYL
This is a long answer, but I hope you will read the whole thing because this is such a serious case.
I can't imagine how scary this is, both for you and for your son. He is facing the most charge we have under the law, and you are his mom. So I understand that you posted here for some reassurance and hope, and I understand why you did that.
Here's the problem: none of us can give you any idea of whether your son can beat this case without knowing a lot more about the case, and you should NOT post any details here or anywhere else - doing that could hurt your son! (Even if you don't put your name on the post, how many people do you think they have right now in Peoria County who are accused of killing their uncle? Probably just one.)
You shouldn't talk to ANYONE about what happened other than your son's lawyer. Your son shouldn't talk to ANYONE about what happened other than his lawyer - not even you. This is even more important if he is innocent!!!
If he can't afford to hire a lawyer, the judge will appoint a lawyer to represent him from the Public Defender's Office. (If he is under 18, they look at whether the parents can afford to hire a lawyer.) He will have to wait for the judge to do that, and it is REALLY important that he keep his mouth shut in the jail. It's so tempting to talk to someone because he is scared and alone and he's hoping someone will give him good news. None of them can do that - they aren't lawyers and they don't know the details of his case! - and anyone in there will happily testify against him to get a better sentence in their own cases. Also, they do record phone calls at the jail, and they DO listen to them, so please tell him not to talk about the case over the phone with anyone!
If you/he CAN afford a lawyer, you should start looking NOW. (If you aren't sure, call around and you can get a sense of how much it will cost.) Make some calls. Find someone experienced who has done a lot of trials and handled a lot of serious cases, even if that means getting someone who is a little farther away. Make sure they have time to answer all of your son's questions (and yours), do jail visits (some lawyers almost never go to the jail to see their clients!), and work on the case. So make a lot of calls and all a lot of questions.
Please don't put this off. You should stay calling lawyers on Monday morning. It could mean the difference between having your son home soon and never being able to hug him again.
I'm so sorry that you're in such an awful situation, and I wish you and your son the best of luck!
No licensed attorney is able to even estimate any feasible chances of success. It is as possible as giving an exact number of craters on the other side of the Moon.
All your son needs is a competent criminal law attorney. And that is 100%.
DISCLAIMER The opinion given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide a case specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice the site should not be used as a crude substitute for any professionally competent legal advice by a licensed attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, laws and applications change frequently and vary greatly in U.S. jurisdictions and locales, therefore, any information and opinions expressed above remain general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in the State to obtain comprehensive legal assistance before making an informed decision regarding a particular legal issue within an attorney-client privilege setting. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois
Your son needs an attorney. The sooner you hire an attorney for your son, the better.
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