Articles Posted in Criminal defense

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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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Know Your Rights Before It’s Too Late

Being stopped by police in Chicago is a stressful situation, and when officers start asking to look through your car or your bag, that stress can quickly turn into panic. Many people consent to searches out of fear or confusion—believing they have no choice. Others are searched without any warning at all. The reality is that not all police searches are legal, and if your rights were violated, your criminal case could be thrown out.

At The Law Offices of David L. Freidberg, we’ve defended clients in hundreds of cases involving car and bag searches throughout Chicago and the surrounding counties. Our experience shows that unlawful searches often happen during what starts as a routine traffic stop or casual street detention. What you do—and what your lawyer does—can change everything about how your case unfolds.

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Few things are more stressful than learning that law enforcement is investigating you. Maybe a detective has left a card at your door. Maybe someone you know has been contacted by police. Maybe your workplace says you’re being reviewed. No matter how it starts, one fact remains true: waiting to act puts you in danger.

In Illinois, being under investigation means prosecutors and police are building a case. Even if you haven’t been arrested yet, the process is moving fast. And if you don’t have legal protection in place, you’re exposed. At The Law Offices of David L. Freidberg, we intervene early—long before formal charges are filed. We know how to stop things before they spiral out of control.

The Anatomy of an Illinois Criminal Investigation

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In the heart of Cook County, where criminal courts see a relentless flow of cases each day, the consequences of stepping into a courtroom without a criminal defense attorney are both immediate and long-lasting. From misdemeanor offenses like retail theft or public indecency to serious felonies such as aggravated assault or drug trafficking, the legal system in Illinois is unforgiving to those who aren’t properly defended. And in Chicago, where prosecutors are backed by extensive resources and training, you simply cannot afford to go it alone.

Illinois law divides crimes into two main categories: misdemeanors and felonies. Misdemeanors are punishable by up to 364 days in county jail and include charges like battery (720 ILCS 5/12-3) or criminal damage to property under $500 (720 ILCS 5/21-1). While these may seem like minor offenses, a conviction can result in jail time, hefty fines, probation, and a criminal record that affects employment and housing. Felonies, on the other hand, range from Class 4 offenses—such as possession of a controlled substance (720 ILCS 570/402)—to Class X felonies, including armed robbery or predatory criminal sexual assault, which can result in decades behind bars without parole under 730 ILCS 5/5-4.5.

Many people charged with crimes believe their innocence will speak for itself. Others think their case is too small to justify hiring an attorney. But Illinois criminal court doesn’t work that way. The procedures are detailed, the stakes are high, and any mistake—missed deadlines, inappropriate statements, lack of motion filings—can permanently alter the outcome.

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Being the focus of a criminal investigation in Chicago can feel like you’re standing in the path of an oncoming storm. The police haven’t knocked on your door with handcuffs—but you’ve noticed signs. Someone told you detectives were asking about you. You’ve received a subpoena. You’ve been asked to “come down and talk.” You’re nervous. You’re unsure what’s coming next. And you’re wondering whether it’s too early—or unnecessary—to hire a criminal defense attorney.

Let’s be clear: waiting for an arrest to take action is a serious mistake.

Criminal investigations in Chicago often begin long before anyone is taken into custody. In fact, many charges are the result of weeks or even months of silent evidence gathering by law enforcement. If you even suspect that your name has come up in connection to a criminal case, hiring a defense lawyer immediately can be the smartest legal move you ever make.

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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.

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