Articles Posted in Criminal defense

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Understanding Your Rights After an Arrest in Illinois

Being arrested is one of the most frightening experiences a person can face. Whether it happens on the street in Bronzeville, during a traffic stop in Rogers Park, or as part of a federal investigation downtown, the fear and confusion are immediate—and one of the first questions people ask is, “How long can the police keep me here without charging me?”

As a longtime Chicago criminal defense lawyer and federal defense attorney, I’ve seen this question come up hundreds of times. The truth is that Illinois law, federal law, and constitutional protections work together to limit how long you can be held without formal charges. But those rules only help you if you understand them—and if you have legal counsel to enforce them.

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Why the Bond Hearing Is the First Test in Any Criminal Case

Most people don’t realize how fast things move after an arrest in Chicago. One minute, someone is in the back of a squad car. The next, they’re standing before a judge while a prosecutor reads through their charges. What happens in those first 24 to 48 hours can determine whether someone goes home—or gets stuck in jail for weeks or months while the case moves through the system.

The bond hearing is not just a formality. It’s a critical step in the Illinois criminal justice process, and the outcome can influence everything that follows.

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Why You Should Be Careful Before Talking to Police in DuPage County

If a DuPage County police officer, sheriff’s deputy, or detective reaches out and wants to question you about an incident, load your next steps with caution and understanding. Law enforcement officers in DuPage County—whether from Wheaton, Naperville, Downers Grove, or anywhere within the county—have one overriding goal when they approach someone: gather information that can be used to support a possible arrest or criminal charge. As a DuPage County criminal defense lawyer with decades of experience defending people accused of state and federal crimes, I can tell you that answering questions without proper legal protection can be the most damaging mistake you make.

In Illinois, crimes are classified as either misdemeanors or felonies. Misdemeanors include offenses like simple battery, disorderly conduct, DUI without aggravating factors, retail theft below a certain threshold, or cannabis possession. Felonies are more serious and include drug trafficking, felony theft, aggravated assault, weapons violations, and financial crimes. Whether the offense is a misdemeanor or a felony, what you say to police can influence whether charges are filed at all and what level they reach.

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Federal Charges Explained by a Chicago Criminal Defense Lawyer

Understanding Wire Fraud Charges in Chicago and How Federal Criminal Cases Begin

Chicago is one of the nation’s largest financial, commercial, and technology hubs. With that status comes increased federal scrutiny. Wire fraud charges are frequently prosecuted in the Northern District of Illinois, often involving Chicago residents, business owners, executives, and professionals who never expected to face federal criminal allegations. As a Chicago criminal defense lawyer with decades of experience, I have seen firsthand how wire fraud investigations can unfold quietly and then escalate rapidly into serious felony charges.

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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.

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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.

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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.

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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.

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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.

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Losing Your License in Chicago Isn’t Always the Same

Every week, drivers in Chicago get pulled over for traffic offenses, arrested for DUI, or find out their license has been suspended due to unpaid fines or missed court dates. What most people don’t realize is that there’s a big legal difference between a driver’s license suspension and a revocation in Illinois.

Whether your driving privileges are suspended or revoked, the outcome can feel the same at first—you can’t legally drive. But the path back to legal driving is very different depending on which penalty you’re facing. That’s why it’s critical to understand what the Illinois Vehicle Code says about these penalties and how a Chicago criminal defense lawyer can help you avoid long-term damage to your record and your daily life.

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Contact Information
Chicago Office
70 W Madison St
#1450
Chicago, IL 60602
Phone: (312) 560-7100
DuPage Office
140 Butterfield Rd
#1500
Oakbrook Terrace, IL 60181
Skokie Office
5250 Old Orchard Rd
#300
Skokie, IL 60077

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