Chicago Criminal Lawyer Blog
Getting arrested in Illinois can turn your life upside down in a matter of minutes. Whether you’re in downtown Chicago or a nearby suburb like Cicero, Naperville, or Waukegan, the moment you’re placed in handcuffs, everything changes. How you respond from the very first second matters. The way you speak to the police, whether you request a lawyer, and the steps you take—or fail to take—can affect whether you face jail time, get your case dismissed, or walk away with a criminal conviction that follows you for life.
If you’re facing criminal charges in Illinois, you need to take the situation seriously. You don’t need to panic—but you do need to act. The Illinois criminal justice system doesn’t go easy on people who assume it will all “work itself out.” It won’t. The only way to protect yourself is to get real legal representation from a criminal defense attorney who knows how the system works—and how to fight back.
Understanding the Charges: Illinois Law Isn’t Always Clear to the Accused
You may not know exactly what you’re being charged with right away. Police might say it’s a felony, or they might book you for a misdemeanor and later upgrade the charges. In Illinois, criminal offenses are divided by seriousness, and each has consequences that affect your future.
Misdemeanor charges are less severe but still carry jail time. A Class A misdemeanor (like simple battery or DUI) can land you in jail for up to 364 days. Class B and Class C misdemeanors carry shorter jail sentences but still create a criminal record.
Felony charges range from Class 4 (the least serious) to Class X (the most severe). A Class 4 felony, such as possession of a small amount of a controlled substance, carries one to three years in prison. A Class X felony, such as armed robbery or aggravated sexual assault, can mean decades behind bars without the option for probation.
The specific law you’re charged under will have a statute citation—like 720 ILCS 5/16-1 for theft, or 720 ILCS 570/402 for drug possession. A good criminal defense attorney will identify what law you’re accused of violating, what defenses may apply, and how to challenge the evidence.
What to Say—and Not Say—to Police
The biggest mistake people make after being arrested is talking too much. Police officers are trained to ask questions that seem harmless but are intended to get you to confess or contradict yourself. Anything you say can be used as evidence. That includes text messages, casual statements, or even answers you think are innocent.
If you are arrested in Illinois, you do not have to answer questions. You have the right to remain silent and to request a lawyer. Say this clearly: “I want a lawyer. I will not answer questions.” Once you invoke that right, police are supposed to stop questioning you. If they continue, your attorney can argue that any statements you made afterward are inadmissible.
Don’t talk your way out. Don’t try to explain your side. Get legal help before you say a word.
What Happens After the Arrest?
After you’re arrested, you’ll be processed and may spend time in a holding facility. If it’s a serious charge or if you’re held over the weekend, you’ll be taken to bond court. In Cook County, that typically happens at 26th and California.
During this bond hearing, the judge will determine whether you’ll be released while awaiting trial. They’ll consider:
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The seriousness of the charges
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Whether you have prior arrests or convictions
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Your ties to the community
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Whether you pose a danger to others
Your lawyer can argue for your release or for a lower bond. If you don’t have a private attorney, a public defender will be appointed, but they may not know anything about your case until moments before the hearing.
After the bond hearing, your case proceeds to arraignment and pretrial conferences. This is where the fight really begins.
How the Prosecution Builds Its Case—and What We Look For
State’s Attorneys build criminal cases by gathering evidence from multiple sources. This can include:
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Testimony from witnesses or police
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Video surveillance footage
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Cell phone records and digital communications
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Social media posts
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Forensic evidence like fingerprints or DNA
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Bodycam or dashcam recordings
But evidence isn’t always reliable. Witnesses make mistakes. Police cut corners. Surveillance videos can be grainy or misleading. Just because the prosecution claims to have evidence doesn’t mean it will hold up in court.
A good defense lawyer will file motions to suppress evidence that was illegally obtained. For instance, if the police searched your car without probable cause or a warrant, anything they found might be thrown out. That can be the difference between conviction and dismissal.
Why Every Step of the Criminal Process Requires a Lawyer
From the moment you’re arrested, the criminal justice system in Illinois is working against you. Prosecutors are trained to secure convictions. Judges don’t know your full story. And the law is filled with technical rules that most people don’t understand.
You need a criminal defense lawyer who will:
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Examine police conduct and file motions to suppress evidence
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Review the charges and challenge any overcharging by prosecutors
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Negotiate plea deals that reduce or eliminate jail time
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Take your case to trial if necessary
Having a lawyer isn’t just about legal knowledge. It’s about advocacy. It’s about having someone who will stand between you and the power of the state.
The Long-Term Consequences of a Criminal Conviction
Even if you avoid jail time, a criminal conviction in Illinois can change your life. You’ll have a permanent record that shows up in background checks. This can affect:
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Employment opportunities
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Professional licenses
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College or graduate school applications
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Rental housing applications
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Immigration status if you’re not a U.S. citizen
In some cases, we may be able to seal or expunge the conviction—but only under limited circumstances. The best way to avoid long-term damage is to avoid the conviction in the first place.
What Legal Defenses Can Work in Illinois?
No two criminal cases are the same. But there are defenses that apply across many types of cases:
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Illegal stop or arrest: If your Fourth Amendment rights were violated, the case may be thrown out.
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Lack of intent: Many crimes require proof that you intended to commit the act.
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Mistaken identity: Eyewitnesses are often wrong, especially in high-stress situations.
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False accusations: Especially in domestic violence or assault cases, one person’s word can lead to arrest. We know how to challenge those stories.
The sooner we start working on your case, the sooner we can build a defense strategy that makes sense for your situation.
Choosing the Right Criminal Defense Attorney
Not all attorneys are created equal. Some never take cases to trial. Some are overloaded and can’t give your case the attention it deserves. You deserve better.
Look for a lawyer who focuses solely on criminal defense, who has years of courtroom experience, and who knows the local courts. Ask about their past results. Ask if they’ve handled cases like yours. And most importantly, ask how they will defend you—not just anyone, but you.
When You Need a Fighter, Call Us
Whether you’re charged in downtown Chicago, Skokie, Maywood, Bridgeview, or Rolling Meadows, we’re ready. We appear regularly in courtrooms throughout Cook, DuPage, Will, and Lake Counties.
If you were arrested in Chicago, 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.
