Chicago Criminal Lawyer Blog
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.
What the Law Really Says About Obstruction in Illinois
Illinois law defines “obstruction” in two major ways.
First, there’s Obstructing a Peace Officer, under 720 ILCS 5/31-1, which covers any act that knowingly “resists or obstructs the performance by one known to the person to be a peace officer” of their official duties. This includes non-violent acts, like refusing to step back during an arrest or not producing ID when legally required.
Second, there’s Obstructing Justice, under 720 ILCS 5/31-4, which is far more serious. It includes providing false information to law enforcement, hiding evidence, or helping a suspect avoid capture. That charge is a Class 4 felony, while the former is typically a Class A misdemeanor.
Don’t assume a misdemeanor isn’t a big deal. In Illinois, a Class A misdemeanor still carries up to 364 days in jail and a $2,500 fine. A felony conviction can mean 1 to 3 years in prison, with serious collateral consequences such as losing your job, being denied housing, and even risking deportation for non-citizens.
To understand how this plays out in Chicago, consider that these charges are commonly filed during large events—public protests, traffic stops, or emotionally tense police encounters. Officers sometimes escalate interactions by arresting people who are perceived as “uncooperative,” even if the individual was acting within their legal rights.
The Criminal Process Behind Obstruction Charges
Obstruction cases typically begin when an officer writes a police report alleging you interfered with a lawful duty. That report is submitted to the State’s Attorney’s Office, who then decide whether to charge you formally.
You’ll first attend a bond hearing in Cook County, which determines whether you can be released and under what conditions. Your case will then proceed through status hearings, pretrial motions, and potentially a trial.
The reality is, prosecutors often rely solely on the officer’s word to prove their case. They assume most defendants won’t challenge the charge, and unfortunately, they’re often right. Many people—especially first-time offenders—think pleading guilty to avoid jail time is the safest route. What they don’t realize is that a guilty plea creates a permanent criminal record.
At our firm, we work aggressively to prevent convictions altogether. If you’ve been charged, don’t wait. Every day that passes is another day the prosecution is preparing their case against you.
For more on how we handle obstruction cases from start to finish, visit our defense strategies page at chicagocriminallawyer.pro.
Building Your Defense: What Really Wins Cases
Winning an obstruction case in Chicago comes down to three key things: the facts, the law, and the credibility of the officer. We’ve won dismissals by exposing false or misleading reports, proving our clients weren’t obstructing, and showing that officers exceeded their legal authority.
In one case, a client was charged with obstruction after she refused to allow police to search her vehicle without a warrant. She was polite and non-violent, but the officer claimed she was “impeding” the investigation. We immediately obtained the body cam footage, which showed our client calmly asserting her Fourth Amendment rights. That evidence led to the case being dismissed before trial.
A big part of defending these charges is filing the right pretrial motions. These may include motions to suppress, motions to dismiss, or motions in limine to exclude prejudicial evidence. In many obstruction cases, we’re able to discredit the officer’s account entirely—especially when there’s no supporting evidence or when video tells a different story.
We also leverage witnesses, bystander footage, and cross-examination to weaken the State’s case. And if necessary, we take the case to trial. Our trial experience gives us a strategic edge. Prosecutors know we don’t bluff, and that makes a difference.
What Evidence Can the Police Use?
In obstruction cases, the main evidence usually includes:
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Officer body cam footage
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Police reports and incident narratives
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Witness statements (usually from other officers)
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Surveillance or public camera footage
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Social media posts or videos taken during the incident
Unfortunately, police reports often paint you in the worst possible light. Officers know the language prosecutors need to see, and their narrative will likely suggest you were disruptive, non-compliant, or aggressive. That’s why it’s crucial to have a defense attorney who doesn’t just accept the officer’s version of events.
We independently investigate everything. In some cases, we uncover facts that contradict the State’s case entirely. In others, we reveal constitutional violations—like unlawful detainment or excessive force—that justify suppression of evidence or even dismissal.
You don’t get those kinds of outcomes by waiting until trial. You get them by having an aggressive defense attorney from day one.
Why Hiring a Criminal Defense Attorney Early Makes All the Difference
Many clients wait too long to hire a lawyer. They think the charge is minor or that the prosecutor will be lenient. The problem is, prosecutors in Chicago are not on your side—and they won’t drop the charge unless you give them a reason to.
From the moment you’re arrested, the State starts building a case against you. Every statement you make, every court appearance you attend without counsel, every delay in preparing your defense gives them the upper hand.
By hiring a criminal defense attorney immediately, you take control of the situation. Your attorney can demand discovery, challenge the charges, begin negotiations, and prevent the case from gaining momentum.
And when your lawyer has real trial experience—as we do at The Law Offices of David L. Freidberg—you also gain negotiating power. Prosecutors treat trial-tested attorneys differently. They know we prepare every case as if it’s going all the way. That means they take us—and your defense—seriously.
Charged With Obstruction in Chicago? We’re Here to Help.
Obstruction charges might not sound serious, but they can have a lasting impact on your freedom, your future, and your reputation. Don’t assume you’ll get a break. Don’t assume the case will disappear. And don’t assume the system will protect your rights without someone fighting for you.
At The Law Offices of David L. Freidberg, we’ve been defending people accused of obstruction, resisting arrest, and other criminal offenses for decades. We know how the courts work. We know how to challenge police misconduct. And we know how to win.
Call Now – The Law Offices of David L. Freidberg Is Ready to Help
If you’ve been charged with DUI in Chicago and have a medical condition that may have impacted your arrest or test results, call The Law Offices of David L. Freidberg for a free 24/7 consultation.
If you were arrested in Chicago for DUI, 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.
