Chicago Criminal Lawyer Blog

January 8, 2026

Understanding Miranda Rights in Chicago: What Police Are and Aren’t Required to Do

by Law Offices of David L. Freidberg, P.C.

Why Miranda Isn’t What Most People Think in Illinois

One of the first things many people say after an arrest in Chicago is, “But the police never read me my rights.” For decades, television and movies have drilled into the public imagination that officers must recite the Miranda warning—“You have the right to remain silent…”—whenever they interact with someone suspected of a crime. As a longtime Chicago criminal defense lawyer, I can tell you that’s not how things actually work under Illinois or federal law.

The Miranda rule comes from the 1966 Supreme Court case Miranda v. Arizona. It applies when two conditions exist at the same time: the person is in custody and they are being interrogated by law enforcement. If those two conditions are not both present, the police are not required to read Miranda rights—and in fact, they often don’t.

January 7, 2026

How to Make the Most of Your Free DUI Consultation With a Chicago Criminal Defense Lawyer

by Law Offices of David L. Freidberg, P.C.

Your First Meeting Matters More Than You Think

If you were recently arrested for DUI in Chicago, it’s easy to feel like you’re already at the mercy of the system. Police reports are written. Court dates are set. The Illinois Secretary of State is about to suspend your driver’s license. But here’s something I tell every new client: your first consultation with a Chicago DUI lawyer is where you begin to take control again.

That meeting is your first chance to ask critical questions and get real answers about what’s next. It’s also your best opportunity to decide whether the attorney you’re speaking with is the right person to defend your future.

January 6, 2026

Does Remaining Silent Make Me Look Guilty?

by Law Offices of David L. Freidberg, P.C.

What Illinois Law Says and Why Silence Is Often the Smartest Defense

Every week in Chicago courtrooms—at 26th and California, in Skokie, or Rolling Meadows—defendants sit silently while prosecutors present their case. And many wonder whether that silence helps them or hurts them in the eyes of the judge or jury. Some are accused of DUI, others face drug charges, retail theft, or violent crimes. Regardless of the charge, one concern keeps coming up: “Will my silence make me look guilty?”

The short answer is no—but the way your silence is framed and the timing of it matters deeply under Illinois law.

January 2, 2026

Arrested in Chicago? Here’s Why You’re Not Required to Answer Law Enforcement Questions

by Law Offices of David L. Freidberg, P.C.

Talking to Police After an Arrest in Chicago Can Do More Harm Than Good

If you’re arrested in Chicago, one of the first things the police may do is try to get you talking. Maybe they ask why you were at a certain location, if the drugs belong to you, or if you knew a weapon was in your car. It might feel like a casual conversation, but make no mistake—you are being interrogated, and everything you say can be used against you in court.

As a Chicago criminal defense attorney, one of the most common questions I get from clients is, “Should I have talked to the police?” Almost every time, the answer is no.

January 1, 2026

Your Rights Matter the Moment the Handcuffs Go On

by Law Offices of David L. Freidberg, P.C.

An arrest in Chicago—whether it happens in River North or Roseland—can leave you confused, humiliated, and unsure of what happens next. But here’s what many don’t realize: Illinois law gives you rights immediately. Not after you call a lawyer. Not after you’re charged. The moment you’re placed under arrest, the Constitution is in play.

And yet, every day, people charged with crimes from drug possession to DUI to aggravated assault give away those rights. They talk. They consent to searches. They sign statements. They think if they just explain themselves, the police will let them go.

It doesn’t work like that.

December 31, 2025

The Federal Criminal Case Process in Chicago: What You Need to Know from Start to Finish

by Law Offices of David L. Freidberg, P.C.

As a federal criminal defense lawyer in Chicago, I regularly represent clients in both Illinois state courts and federal courts throughout the Northern District of Illinois. The federal system is different—more formal, more resource-intensive, and often more intimidating. If you’re under federal investigation, facing indictment, or preparing for trial in federal court, the stakes are significantly higher.

In Chicago, federal cases are heard at the Everett M. Dirksen U.S. Courthouse downtown, not in the typical Cook County courts like 26th & California. While state crimes range from misdemeanors to felonies under Illinois statutes, federal offenses are exclusively felony-level and often involve charges like drug trafficking, wire fraud, healthcare fraud, firearms violations, or conspiracy under Title 18 of the U.S. Code.

All crimes in Illinois—whether charged by state or federal prosecutors—are classified as either misdemeanors or felonies. Misdemeanors are handled at the state level. Felony-level conduct that crosses state lines, affects federal agencies, or involves large-scale criminal operations often results in federal charges. The difference is more than procedural—federal penalties are typically harsher, discovery is more limited, and sentencing guidelines are rigid.

December 30, 2025

Indicted Under 21 U.S.C. § 846 in Chicago? What Mandatory Minimums Could Mean For Your Future

by Law Offices of David L. Freidberg, P.C.

Understanding What a Federal Drug Conspiracy Charge Really Means

Being indicted under 21 U.S.C. § 846 in Chicago is one of the most frightening experiences a person can face. Unlike typical state drug charges in Illinois, a federal indictment under this statute means the government believes you were part of an agreement to commit a drug trafficking crime. Federal prosecutors often pursue these cases after long-term investigations across the city, especially in neighborhoods such as Austin, Garfield Park, Englewood, and Little Village where resources are heavily deployed.

Illinois crimes are divided into misdemeanors and felonies under state law. Shoplifting, simple battery, or misdemeanor drug paraphernalia cases in Illinois state court are examples of charges that can be brought as misdemeanors. More serious crimes such as armed robbery, residential burglary, or delivery of controlled substances are state felonies punishable under Illinois statutes like 720 ILCS 570, 720 ILCS 5/19, and 720 ILCS 5/18. Federal conspiracy under 21 U.S.C. § 846 is different. It is neither an Illinois misdemeanor nor an Illinois felony. It is a federal felony offense prosecuted by the United States Attorney’s Office, and it carries penalties that often exceed what someone would face in Illinois court for the same conduct.

December 29, 2025

How Long Do I Have to Challenge a DUI License Suspension in Chicago, Illinois?

by Law Offices of David L. Freidberg, P.C.

Why Timing Matters Immediately After a DUI Arrest in Chicago

A DUI arrest in Chicago is stressful, confusing, and often unexpected. Your court date may be weeks away, so it is easy to believe nothing important needs to be done yet. That belief is one of the biggest mistakes people make after an arrest for driving under the influence. Under Illinois law, the suspension of your driver’s license starts moving forward almost immediately, long before your criminal case is resolved.

Chicago is a city built around cars as much as public transportation. People commute from neighborhoods like Beverly, Logan Square, Jefferson Park, and Albany Park every day. Losing your license here does not just inconvenience you. It affects your job, your family, and your ability to meet basic responsibilities. That is why understanding your deadline to challenge a DUI license suspension matters so much.

December 28, 2025

Why Time Is Critical After a DUI Arrest in Chicago: Don’t Wait to Call a Lawyer

by Law Offices of David L. Freidberg, P.C.

A DUI Arrest in Chicago Isn’t Just a Traffic Problem—It’s a Criminal Case

Many people arrested for DUI in Chicago think of it as just a traffic offense. But under Illinois law, a DUI is a criminal charge with serious and lasting consequences. The longer you wait to speak with a Chicago DUI lawyer, the more rights and opportunities you may lose.

The moment you’re arrested—whether you were pulled over near River North, on the Dan Ryan Expressway, or anywhere in the city—law enforcement and prosecutors begin building a case against you. They gather statements, chemical test results, dashcam footage, and bodycam recordings. Meanwhile, the Illinois Secretary of State begins the process of suspending your driver’s license.

December 27, 2025

Will I Automatically Lose My License After a DUI Arrest in Illinois?

by Law Offices of David L. Freidberg, P.C.

Understanding DUI License Suspensions After an Arrest in Chicago

Anyone who is stopped and arrested for DUI in Chicago usually has the same immediate fear. They want to know whether they will still be able to drive to work, take their kids to school, or handle daily responsibilities. Chicago is a city where many residents rely on vehicles even with public transportation options. Losing driving privileges can disrupt everything from employment to caring for family members.

Illinois DUI law is controlled by 625 ILCS 5/11‑501 along with the statutory summary suspension statutes. A DUI arrest does not automatically suspend your license at the moment of arrest. However, an automatic suspension is set in motion and will take effect unless you take formal legal action. People are often surprised to learn that the suspension of driving privileges is a civil administrative penalty, not part of the criminal case itself. That means you can be found not guilty of DUI and still lose your license if the summary suspension is not challenged on time.