Chicago Criminal Lawyer Blog
Preparing for Criminal Trial in Chicago: Why Every Move Matters
Being charged with a crime in Chicago or anywhere in Illinois is not just a legal issue—it’s a life-changing event. The consequences extend beyond the courtroom into your job, family, finances, and future. If you’re headed for trial in Illinois, understanding what lies ahead is critical to protecting yourself.
I’m David L. Freidberg, a Chicago criminal defense lawyer with decades of trial experience. From misdemeanors like shoplifting and simple battery to serious felonies such as gun crimes, drug trafficking, and aggravated assault, I’ve represented clients in Cook, Lake, DuPage, and Will Counties. Let me walk you through what to expect if your case goes to trial—and why the lawyer you choose can shape the outcome.
The Illinois Criminal Case Timeline: From Investigation to Trial
Criminal trials don’t start with a courtroom—they begin with a police investigation. Chicago police or sheriff’s departments in nearby counties gather evidence after a complaint, an arrest, or while working undercover. Sometimes, a defendant isn’t even aware they’re being investigated until a warrant is issued.
Once arrested, the individual is brought before a judge for a bond hearing, often at the Cook County Criminal Court at 26th and California or similar courthouses in the suburbs. At this stage, the judge determines whether the defendant will be released and under what conditions. An experienced criminal attorney can argue for reasonable bond or even for release without monetary bail, depending on the circumstances and the severity of the charge.
Charges are formally filed through a criminal complaint, information, or indictment. That’s when the case truly begins in earnest. Misdemeanors—crimes punishable by up to one year in county jail—move more quickly through the system. Felonies, which carry sentences ranging from 1 year to life in prison, are handled with greater formality and can take months before trial begins.
Understanding the Trial Process in an Illinois Criminal Courtroom
Once the pre-trial phase is complete, the case is set for trial. In Illinois, criminal trials follow a structured process:
Jury Selection (Voir Dire): Both sides participate in selecting jurors. Prosecutors and defense attorneys ask questions to uncover bias or prejudice. Your attorney may exclude certain individuals if there’s concern they won’t be impartial.
Opening Statements: This is the first opportunity to frame your case. The prosecution explains what they plan to prove. The defense can present an overview or reserve their statement until later.
Presentation of Evidence: The state calls its witnesses first. Your attorney cross-examines each witness to test their credibility. Once the state rests, the defense may call witnesses or present evidence, or may decide not to.
Closing Arguments: Both sides summarize their positions. The prosecution must prove your guilt beyond a reasonable doubt. The defense emphasizes the holes in their case.
Jury Deliberation and Verdict: In felony trials, all 12 jurors must agree. In misdemeanors, it’s typically a six-person jury. A unanimous verdict is required to convict.
Sentencing: If convicted, sentencing occurs later. Your attorney can argue for leniency, treatment alternatives, or probation, depending on your record and the charges.
Example Case: A Fictional Chicago Gun Possession Trial
Let’s take a fictional example: A man from the Garfield Ridge neighborhood is pulled over by police. During a search, officers find a loaded firearm under the passenger seat. He’s arrested and charged with Unlawful Use of a Weapon (UUW) under 720 ILCS 5/24-1.1—a Class 4 felony due to prior convictions.
At trial, the defense argues that the weapon belonged to a previous passenger and that the vehicle was borrowed. Surveillance video from a nearby gas station is introduced showing someone else exiting the vehicle near where the gun was found. The defense also files a motion to suppress, claiming the stop was illegal.
Ultimately, the judge denies the suppression motion, but the defense’s cross-examination exposes contradictions in the officer’s report. The jury finds reasonable doubt as to possession. The defendant is acquitted.
This illustrates how trial strategy, motion practice, and investigation can all make the difference between conviction and freedom.
Illinois Sentencing Laws: What You Risk If Convicted
Every criminal offense in Illinois is assigned a classification that determines the range of penalties. Here’s what you could be facing:
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Class A Misdemeanor: Up to 364 days in jail and fines up to $2,500
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Class B Misdemeanor: Up to 180 days
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Class C Misdemeanor: Up to 30 days
Felonies are more serious:
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Class 4 Felony: 1–3 years in prison
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Class 3 Felony: 2–5 years
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Class 2 Felony: 3–7 years
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Class 1 Felony: 4–15 years
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Class X Felony: 6–30 years or more, mandatory minimums apply
In addition, some crimes carry mandatory enhancements. For instance, using a firearm during a robbery increases prison time under 720 ILCS 5/18-2. Drug trafficking cases may involve federal charges as well, with penalties far exceeding state court terms.
A conviction also stays on your criminal record and can severely limit job prospects, housing options, and your ability to obtain professional licenses or own firearms.
What Law Enforcement Looks for When Building a Case
Police and prosecutors build their cases using various forms of evidence, including:
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Eyewitness statements
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Police reports
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Body cam footage
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Surveillance video
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Forensic lab results
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Cell phone or GPS records
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Wiretaps (in drug or gang cases)
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Recorded statements or confessions
Prosecutors will often use testimony from co-defendants or cooperating witnesses. But that evidence is not always reliable. Your attorney must challenge inconsistencies, suppress illegally obtained statements, and use every available method to weaken the state’s case.
Legal Defenses That Can Be Raised in Illinois Criminal Trials
Depending on the facts of your case, your defense strategy may include:
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Fourth Amendment Violations: Challenging the legality of a traffic stop or home search
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Fifth Amendment Violations: Suppressing statements obtained without Miranda warnings
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Mistaken Identity: Questioning the reliability of eyewitnesses
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Alibi Defense: Proving the defendant was elsewhere
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Insufficient Evidence: Pointing out gaps in the prosecution’s case
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Consent or Lack of Intent: Especially important in assault, theft, or drug possession cases
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Entrapment: Common in drug stings or solicitation cases
Each case is unique, and only a qualified attorney can assess the best course of action. Trials are high stakes and require experienced litigation skills.
Why the Right Attorney Changes Everything
Choosing the right criminal defense lawyer in Chicago isn’t just about credentials—it’s about who will fight hardest for you. Courtroom skill, local knowledge, and responsiveness matter. I’ve defended thousands of clients over decades. I know the prosecutors, the judges, and how the system works.
Don’t make the mistake of thinking a public defender has the time or resources to fully investigate your case. Our firm investigates independently, files aggressive motions, and prepares for trial from day one.
Chicago Criminal Trial FAQs
Is it better to take a plea deal or go to trial?
It depends. Sometimes the evidence is weak, and trial is the better option. In other cases, a favorable plea might avoid jail time. A private attorney can evaluate all options without pressure.
How long does a criminal trial take in Illinois?
Misdemeanor trials can last a day or two. Felony trials may span several days or even weeks depending on the complexity.
Do I need to testify in my own defense?
Not always. In fact, it’s often better not to. The state must prove guilt beyond a reasonable doubt. You cannot be forced to testify, and your silence cannot be held against you.
What happens if the jury can’t agree?
That’s called a hung jury. If the jury is deadlocked, the judge may declare a mistrial. The state can retry the case or dismiss it.
Can my charges be dismissed before trial?
Yes. Motions to dismiss or motions to suppress may weaken the case so much that the prosecution drops it. A skilled defense lawyer knows how to file and argue those motions effectively.
Where will my trial be held in Chicago?
Most criminal trials in Chicago take place at the Cook County Criminal Courthouse at 26th and California. Suburban cases may be held in Skokie, Bridgeview, Maywood, or Markham courthouses.
What if the evidence against me is strong?
Even strong evidence may be challenged. Lab results can be wrong. Witnesses can lie. Rights can be violated. A good attorney will still find ways to reduce or dismiss charges—or fight for sentencing alternatives.
Choose The Law Offices of David L. Freidberg
When you’re facing trial, you need someone who takes your defense seriously. At The Law Offices of David L. Freidberg, we work 24/7 to protect your freedom and fight for the best outcome possible. We handle every case personally and prepare as if it’s going to trial—because that’s how you get results.
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. And we don’t treat aggravated speeding as just another moving violation.
If you were arrested in Chicago, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling DUI 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.
