Can a Criminal Defense Lawyer in Chicago Prevent Criminal Charges from Being Filed?
It starts with a phone call. Maybe a police officer leaves a message asking you to come in “just to talk.” Maybe you hear that someone filed a complaint against you. Maybe you find out there’s an open investigation with your name attached. But there’s one question that matters more than anything else: Can hiring a criminal defense attorney stop this from becoming a criminal charge?
In many cases, the answer is yes. In other cases, a criminal defense attorney may not be able to stop charges entirely—but may still prevent the worst-case outcome. Either way, doing nothing and hoping the problem goes away is the biggest mistake you can make.
In Chicago, criminal charges don’t appear out of thin air. They are filed after police investigations, prosecutor screenings, and internal reviews. That means there’s a window of time—sometimes brief, sometimes longer—when a skilled criminal defense lawyer can intervene. That legal intervention could be the difference between walking free and being formally charged with a misdemeanor or felony.
Understanding How Criminal Charges Begin in Illinois
Illinois law doesn’t require an arrest for charges to be filed. Charges can come from a police report, a complaint from an individual, or the recommendation of an officer or investigator. In some cases, prosecutors can bring charges directly through a felony review process even without a formal arrest. The point is, by the time charges are filed, the State’s Attorney’s Office already has a narrative in place.
That’s why early legal representation is so important. Your attorney’s job is to influence that narrative before it’s locked in. If there’s conflicting evidence, if the accusation is unfounded, or if the facts suggest no crime occurred, a defense attorney can present that information directly to the charging prosecutor before a decision is made.
In Cook County, the felony review unit makes charging decisions on thousands of cases per year. Prosecutors rely heavily on the police reports, bodycam footage, and statements provided to them. But these materials often leave out context or omit facts that could completely change the decision to prosecute. That’s where your defense attorney can make a difference.
What Does a Criminal Defense Attorney Actually Do Before Charges Are Filed?
Most people think lawyers only get involved after a person is arrested or indicted. But some of the most effective work defense attorneys do happens before anything is on the public record.
If you’re under investigation, your lawyer may:
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Contact the investigating detective or officer
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Request the case be placed “under review” to prevent charges from being rushed
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Submit documentation, statements, or video evidence supporting your defense
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Interview key witnesses who haven’t yet spoken to police
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Work directly with prosecutors during the charging process
In many cases, this kind of proactive involvement can lead to:
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Charges being declined altogether
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A case being dismissed at screening
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A reduction in severity (felony to misdemeanor)
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A civil or diversion-based resolution
Your attorney’s presence may also prevent you from being arrested. If law enforcement intends to pursue charges, your lawyer can arrange for you to appear voluntarily, avoiding the embarrassment of a public arrest and improving the chances of being released on your own recognizance.
What Kinds of Charges Can Be Prevented with Early Intervention?
Not every criminal allegation is preventable, but many are. Especially in cases involving conflicting stories or emotionally charged accusations, prosecutors often appreciate hearing both sides before moving forward.
Some examples of cases where early legal action is most likely to stop charges include:
Domestic Battery or Assault – In emotionally volatile situations, people sometimes call the police impulsively, then later want to retract what they said. If no injuries occurred or mutual aggression was involved, charges may not be necessary. A lawyer can present this directly to the prosecutor before anything is filed.
Retail Theft – If the accused can return the merchandise or the evidence is unclear (for example, they put something back on a shelf or made an honest mistake), an attorney may be able to convince the store or the prosecutor not to pursue criminal charges.
Sexual Misconduct Allegations – These cases are highly sensitive and often rely heavily on subjective claims. If a lawyer can present evidence of consent (texts, social media messages, or witness testimony), a prosecutor may decide the case isn’t strong enough to charge.
Drug Possession – If the evidence was obtained through an illegal search, or if the drugs weren’t in your possession but simply nearby, your lawyer may be able to stop charges before they’re formally filed.
White Collar Crime Investigations – In fraud or embezzlement allegations, showing restitution, intent to repay, or accounting errors may persuade a prosecutor to drop or reconsider filing charges.
Why Waiting Too Long Can Ruin Your Chances
Time is not your friend when it comes to pre-charge criminal defense. The longer you wait to hire an attorney, the less likely they can shape the outcome.
If the police already submitted the case to the prosecutor, it may be too late to add information or context. If the prosecutor already filed a charge, your options shrink significantly. And if you’ve already made a statement to the police without an attorney present, that statement may be used to justify a formal filing.
The worst thing you can do is assume that silence or cooperation will make your problem disappear. Prosecutors aren’t required to notify you before filing charges. You may not even know you’re being charged until you’re arrested or receive a summons in the mail.
Hiring a lawyer immediately can mean the difference between private resolution and public prosecution.
What Happens If Charges Are Filed Anyway?
If your attorney’s efforts don’t stop charges from being filed, you’re still in a much better position than most. Your lawyer already knows the facts, already has the evidence, and already understands the strengths and weaknesses of the state’s case.
That early preparation can lead to:
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Faster bond hearings and improved bond outcomes
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A better position for plea negotiations
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Motions to dismiss based on evidence issues
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Eligibility for deferred prosecution or drug court
In some cases, your lawyer may even be able to negotiate a charge reduction to a non-criminal violation or secure a continuance for dismissal agreement, which allows the case to be dropped after a period of compliance.
What to Watch Out For If You’re Being Investigated
You may be under investigation even if you haven’t been contacted by police. Warning signs include:
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Friends or coworkers being asked about you
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A police officer or detective calling you “just to ask questions”
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Receiving a certified letter from a law enforcement agency
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Being told someone filed a complaint against you
If any of this happens, do not speak to the police without legal representation. Even if you believe you have nothing to hide, your words can be misinterpreted, twisted, or used to justify filing charges.
Let your lawyer do the talking.
Choosing the Right Attorney to Protect You Before Charges Are Filed
Not every attorney is comfortable getting involved in the pre-charge phase. Some lawyers focus only on courtroom appearances. But when you’re trying to prevent criminal charges, courtroom experience isn’t enough—you need someone who knows how to negotiate, investigate, and communicate with prosecutors during the screening process.
Ask these questions when hiring an attorney:
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Have you worked on pre-charge matters in Chicago before?
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Do you have experience dealing with Cook County felony review?
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How quickly can you contact the prosecutor or detective?
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What will you do to protect my rights and prevent charges?
An attorney who handles early-stage representation will have clear answers—and should be ready to get to work immediately.
The Law Offices of David L. Freidberg: Fighting to Keep You Charge-Free
At The Law Offices of David L. Freidberg, we’ve helped countless clients avoid criminal charges by acting early and strategically. We’ve handled high-stakes investigations across Cook County, DuPage County, Lake County, and Will County—and we know how prosecutors think, what police are looking for, and how to turn a potential arrest into a closed file.
We act fast. We speak for you. We protect your rights before you ever step into a courtroom.
Call Now for a Free Consultation with an Illinois Defense Lawyer
If you are being investigate for a crime in Chicago or anywhere in Illinois, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling criminal cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.
Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.