Articles Posted in Criminal defense

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Understanding Criminal Records in Chicago and Illinois

Chicago is one of the busiest urban centers in the country, and with its size and diversity comes an active criminal justice system. From minor misdemeanor charges like shoplifting on State Street to felony arrests in neighborhoods such as Englewood or Humboldt Park, thousands of criminal cases move through Cook County courts every year. Whether someone is charged with a misdemeanor or felony, the record of that arrest and prosecution often becomes a permanent part of their history.

Illinois law distinguishes between misdemeanors and felonies. Misdemeanors, such as first-time retail theft or simple battery, are punishable by less than one year in jail and fines up to $2,500. Felonies, on the other hand, are more serious crimes like burglary, drug trafficking, or aggravated battery, and carry penalties ranging from probation to lengthy prison terms in the Illinois Department of Corrections. Regardless of severity, both leave behind a criminal record that can affect employment, housing, professional licensing, and more.

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Chicago is one of the busiest criminal court jurisdictions in the country. Every day, thousands of cases move through the Circuit Court of Cook County, with charges ranging from misdemeanors like disorderly conduct and retail theft to serious felonies such as armed robbery and homicide. The Illinois Compiled Statutes, including 720 ILCS (the Criminal Code) and 730 ILCS (the Unified Code of Corrections), define crimes and penalties.

Misdemeanors are punishable by less than a year in county jail, but even a Class C misdemeanor for something like simple assault can leave a permanent mark on your record. Felonies escalate quickly: a Class 4 felony like unlawful use of a weapon carries 1–3 years in prison, while a Class X felony such as armed robbery under 720 ILCS 5/18-2 carries 6–30 years without probation eligibility.

In this environment, the question arises: does hiring a private attorney really make a difference compared to relying on the public defender system? The answer is yes — and the reasons are deeply tied to how cases are investigated, prosecuted, and defended in Chicago.

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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

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Understanding the limits of police authority is critical if you’re facing criminal charges in Chicago or the surrounding counties. The difference between reasonable suspicion and probable cause may seem like legal jargon, but that difference can determine whether the charges against you are legitimate—or completely unconstitutional.

Every day in Cook County courts, we see cases built on street stops, traffic encounters, and so-called “consensual” conversations that evolve into full-blown arrests. The turning point in nearly every case is the justification behind the officer’s decision to approach and search someone. That’s where the legal standards of reasonable suspicion and probable cause come into play.

As criminal defense attorneys in Chicago with decades of courtroom experience, we know how to examine the moment a case truly began: not at the arrest, but at the stop. And we use that to build powerful defenses for our clients.

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Chicago is home to one of the largest immigrant populations in the country. People from all over the world come here to live, work, and raise their families. But when someone without U.S. citizenship is arrested for a crime in Illinois, the consequences can extend far beyond the criminal courtroom. A conviction—whether for a misdemeanor or felony—can impact everything from your ability to remain in the country to your eligibility for work permits, green cards, and citizenship. Even if the charges are eventually dropped, an arrest alone can trigger contact with Immigration and Customs Enforcement (ICE).
At The Law Offices of David L. Freidberg, we represent non-citizens facing criminal charges throughout Chicago and the surrounding counties. Our job is not just to protect your rights in criminal court, but to help you avoid permanent immigration consequences that can upend your life.

Understanding How State Charges Affect Federal Immigration Status

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Facing criminal charges in Illinois is never simple. Whether you’ve been arrested for DUI, aggravated battery, or drug possession, the process that unfolds in a Chicago courtroom can be overwhelming—especially if it’s your first time dealing with the criminal justice system. Many people underestimate how long and complex a criminal case can become, or how much is at stake at every single stage.

At The Law Offices of David L. Freidberg, we’ve defended clients through every kind of criminal charge—from Class B misdemeanors to Class X felonies. We know that the key to a strong outcome isn’t just what happens at trial. It’s how the defense is prepared before the case even gets that far.

Here’s what the criminal trial process in Illinois really looks like—and why your defense begins well before your court date.

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If you’ve ever found yourself in a heated moment with law enforcement—whether during a traffic stop, protest, or even an unexpected visit to your home—you know how quickly things can escalate. In Chicago and throughout Illinois, police are quick to assert control over a situation. When emotions run high, it’s not uncommon for those interactions to lead to criminal charges, especially for offenses like resisting arrest or obstruction. But while the terms are often used interchangeably by police, the legal system treats them very differently.

Knowing the difference could mean the difference between a manageable situation and a life-changing criminal conviction. That’s why, if you’ve been accused of either offense, it’s important to understand how Illinois law defines each charge—and how an experienced trial attorney can protect your future.

What Illinois Law Actually Says About These Charges

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In Chicago and cities across Illinois, people have daily encounters with law enforcement—whether during traffic stops, street encounters, or investigations into a suspected crime. A common question that comes up is: Can I be arrested just for refusing to answer questions from a police officer? While many believe silence is always safe, the legal answer is more nuanced. Knowing when and how your right to remain silent applies can mean the difference between going home and getting arrested.

Illinois residents—particularly those in areas with frequent police activity like Austin, Garfield Ridge, or the South Shore—should understand how silence interacts with Illinois criminal statutes, what exceptions exist, and how to legally protect themselves during encounters with law enforcement.

Your Constitutional Right to Remain Silent

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A sudden arrest. A routine stop that escalates. A heated moment between civilians and police. In Chicago, these situations happen every day—and sometimes they result in a charge that surprises people: obstruction of a peace officer. You might not have been violent. You may not have even touched the officer. But if they say you interfered in any way, you could be facing a criminal charge with serious consequences.

At The Law Offices of David L. Freidberg, we understand how confusing, frustrating, and unfair these cases can feel. We’ve helped clients throughout Cook County and the surrounding areas beat these charges or minimize the impact. If you or someone you care about is accused of obstructing a peace officer, you need to understand what Illinois law says and what your next steps should be.

What Is Considered Obstruction in Illinois?

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Arrested for Obstruction in Chicago? Here’s What You Need to Know to Fight Back

Getting accused of obstructing an officer in Chicago can feel like you’ve been criminalized for asserting your rights. Maybe you didn’t answer a question fast enough. Maybe you recorded an arrest. Maybe you were simply standing nearby when the police decided to make someone an example. Whatever the facts, obstruction charges are often vague, overly broad, and—more often than you’d think—unlawful.

At The Law Offices of David L. Freidberg, we’ve helped countless clients in Cook County and across the Chicago metro area beat obstruction charges. And the truth is, these cases are often more winnable than people realize—if you take them seriously from the start.

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