Can a Lawyer Really Stop Charges Before They’re Filed?

Preventing Criminal Charges in Chicago: The Role of Pre-Charge Defense

Chicago, Illinois, is no stranger to criminal accusations. In a city this large and complex, law enforcement receives thousands of complaints each year, from minor misdemeanors to serious felonies. Not all complaints turn into formal charges. In fact, there’s a critical phase between the investigation and the filing of charges where a criminal defense attorney can make a substantial difference. If you’re under investigation in Chicago and think charges may be filed, you have more power than you might realize—especially with the right legal representation in your corner.

At The Law Offices of David L. Freidberg, we work with clients at the earliest possible stage—before formal charges are ever filed. Whether you’re suspected of theft, drug possession, domestic violence, or a white-collar offense, intervening early can change the outcome entirely. It can mean the difference between walking away and walking into arraignment. Understanding your rights and how Illinois law works at this stage is essential.

Criminal cases in Illinois can arise from a wide range of conduct. Crimes range from Class C misdemeanors like disorderly conduct to Class X felonies such as armed robbery. The Cook County State’s Attorney’s Office has full discretion over whether to file formal charges. A skilled defense lawyer can present evidence, clarify misunderstandings, or persuade prosecutors that the case is weak, unreliable, or not worth pursuing—all before a single charge is ever filed.

How Charges Get Filed Under Illinois Criminal Law

Illinois criminal cases follow a fairly standard path: someone reports a crime or law enforcement opens an investigation. If the police gather what they believe is probable cause, they can make an arrest or refer the case to prosecutors for charging. The prosecutor can either issue an arrest warrant, ask a grand jury to review the matter, or decide to take no action.

In some cases, especially in Chicago, police may detain a person briefly for questioning or release them pending further investigation. That window—between suspicion and prosecution—is critical. It is when proactive legal advocacy can stop the case from moving forward.

For example, let’s say someone accuses you of embezzlement from a Chicago business. Police begin gathering financial records. They haven’t arrested you yet, but they’ve asked for an interview. If you speak to them without counsel, you may inadvertently incriminate yourself or confirm their suspicions. But if you hire a defense attorney first, your lawyer can deal with the police or prosecutor directly, review the case, and potentially persuade the state not to file charges.

Applicable Illinois Statutes, Penalties, and Classifications

Illinois law lays out criminal offenses in the Illinois Compiled Statutes (ILCS), most notably under Chapters 720 and 725. These laws define offenses, set penalty ranges, and identify whether the crime is a misdemeanor or felony. Prosecutors review the facts of each case to determine whether the evidence supports charging under a specific statute.

Some common criminal statutes in Illinois include:

720 ILCS 5/16-1 for theft (ranging from misdemeanor to felony depending on value)
720 ILCS 550/4 for possession of cannabis (now mostly decriminalized in small amounts)
720 ILCS 570/402 for possession of controlled substances like cocaine or fentanyl (Class 4 felony or higher)
720 ILCS 5/12-3.2 for domestic battery (Class A misdemeanor, can become felony)
720 ILCS 5/19-1 for burglary (Class 2 felony)
720 ILCS 5/11-1.20 for criminal sexual assault (Class 1 felony minimum)

If you’re convicted of a Class A misdemeanor, you face up to 364 days in jail and up to $2,500 in fines. Class 4 felonies start at one to three years in prison, while Class X felonies carry six to 30 years and no probation eligibility.

Even if charges are never filed, an arrest or pending investigation can appear on background checks unless it’s properly sealed or expunged. Avoiding charges altogether is always the best result.

The Pre-Charge Process and the Importance of Intervention

In Chicago, law enforcement officers and detectives often investigate criminal complaints before submitting them to the State’s Attorney’s Office. Prosecutors then decide whether charges should be filed and, if so, at what level.

This is where your attorney can step in. If you suspect that you’re under investigation—because police called you, visited your home, asked your employer questions, or seized your phone or computer—time is of the essence. An attorney can contact the investigating officer, determine what the state is reviewing, and potentially present evidence or legal arguments that discourage the prosecution from proceeding.

There are many reasons charges never get filed. Witnesses recant or are deemed unreliable. Police make procedural errors. Evidence doesn’t support probable cause. Or sometimes the conduct is clearly misunderstood or exaggerated. Your lawyer can highlight these issues before they become formal accusations.

Additionally, certain charges require grand jury review. A defense attorney cannot appear before a grand jury but can often anticipate what’s happening and prepare a response. Proactive defense can include providing documents, witness statements, or expert reports that rebut the allegations.

What Evidence Are Police and Prosecutors Looking For?

Whether it’s the Chicago Police Department, Cook County Sheriff’s investigators, or a federal agency, law enforcement builds its case based on evidence. This can include:

Witness statements
Police reports
Surveillance or body camera footage
Text messages, call logs, or emails
Social media activity
Forensic evidence (fingerprints, DNA, etc.)
Financial records
Confessions or recorded statements

When you’re being investigated but not yet charged, the state is building its case quietly. They may try to get you to talk by making it seem like you’re just being helpful. But anything you say can be used against you. Once you retain an attorney, all communication goes through your lawyer, which gives you an immediate layer of protection.

The Illinois Criminal Trial Process: What Happens If Charges Are Filed

If the prosecutor decides to proceed, formal charges will be filed, and an arrest warrant or summons will be issued. The criminal case then proceeds through the traditional phases:

First appearance and bond hearing
Arraignment
Pretrial motions and hearings
Trial
Sentencing (if convicted)

Each phase comes with legal risks and decisions that require professional guidance. If your attorney wasn’t able to prevent the charges from being filed, the focus shifts to limiting the damage, seeking dismissal, suppressing key evidence, or negotiating a favorable resolution.

It’s still possible to challenge the legitimacy of the arrest, the legality of searches, and the strength of the prosecution’s case. But ideally, you want to avoid the filing of charges altogether.

The Value of a Criminal Defense Lawyer at the Earliest Stage

Hiring an attorney before you’ve been arrested or charged can feel strange. Many people ask, “Why do I need a lawyer if I haven’t been charged yet?” The answer is simple: because once charges are filed, the case becomes public, and your options may be limited.

An experienced attorney can:

Intervene with law enforcement on your behalf
Prevent you from speaking with police and incriminating yourself
Present favorable evidence to prosecutors early
Negotiate to avoid formal charges
Help protect your reputation and future

In many cases, proactive defense not only prevents charges but also helps position you better if charges are later filed anyway. It shows responsibility, seriousness, and gives your lawyer a head start on trial strategy.

What to Ask in a Pre-Charge Defense Consultation

If you suspect you’re being investigated in Chicago, your free consultation should be productive and detailed. Ask the following:

Have you handled cases like mine where charges were never filed?
How do you deal with law enforcement on behalf of clients?
What steps can you take now to protect me before charges are filed?
What should I do if I’m contacted by the police or a detective?
How much do you charge for pre-charge representation?

Don’t wait to be arrested. The moment you suspect an investigation, your freedom and reputation are at stake.

Chicago Criminal Defense FAQs – Pre-Charge and Early Intervention

Can charges be filed if I haven’t been arrested yet?
Yes. In Illinois, prosecutors can file charges based on police reports or complaints without an arrest. If that happens, a warrant may be issued for your arrest. This is why pre-charge legal action is so important.

Will I know if I’m being investigated?
Not always. But signs include police visiting your home, asking questions about you, or seizing property. If someone tells you they were interviewed about you, or if law enforcement requests a voluntary interview, you should call a lawyer immediately.

Can my lawyer talk to the police or prosecutor for me?
Yes. One of the most important things your lawyer can do is act as your shield. All communication goes through your attorney. In many cases, a conversation between the defense lawyer and the prosecutor can lead to the decision not to file charges.

Is it legal to hire a lawyer before I’m charged?
Absolutely. In fact, hiring a lawyer early is one of the smartest moves you can make. Early legal action can prevent charges, reduce potential penalties, and protect your future.

Will hiring a lawyer make me look guilty?
Not at all. It shows you understand your rights and take the situation seriously. Police and prosecutors expect you to have representation if you’re facing possible charges.

Why Clients Trust The Law Offices of David L. Freidberg

With decades of experience defending clients throughout Chicago and the surrounding counties, The Law Offices of David L. Freidberg is built on aggressive defense, client advocacy, and results. We understand the value of pre-charge intervention. We’ve stopped charges from being filed in cases involving drug possession, theft, assault, domestic violence, and more.

We take immediate action, get in touch with the right people, and build a clear, strategic defense—before your reputation and freedom are jeopardized.

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.