Chicago Criminal Lawyer Blog

July 28, 2025

Arrested in Illinois? Here’s What You Need to Know Immediately to Protect Yourself

by Law Offices of David L. Freidberg, P.C.

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

July 27, 2025

Arrested for DUI in Illinois Without a Traffic Violation? Here’s What You Should Know

by Law Offices of David L. Freidberg, P.C.

Most people are surprised to learn that you don’t need to be caught speeding, swerving, or violating any traffic rule to be arrested for DUI in Illinois. We’ve represented many clients in Chicago and surrounding counties who were approached while parked, sitting in their car outside a business, or stopped for a non-moving issue—only to find themselves facing DUI charges. At The Law Offices of David L. Freidberg, we understand exactly how these cases unfold and how to challenge them from the start.

Illinois law under 625 ILCS 5/11-501 allows a person to be charged with DUI even without any indication of unlawful driving. The state simply needs to show that you were in actual physical control of the vehicle while impaired by alcohol or drugs. But that doesn’t give police a free pass to approach and arrest anyone they choose. The law requires that they have reasonable suspicion and probable cause at every stage. And that’s often where we find a defense.

How These Arrests Happen Without a Traffic Violation

July 26, 2025

Why Representing Yourself in a Chicago DUI Case Is a Serious Mistake

by Law Offices of David L. Freidberg, P.C.

If you’ve been charged with DUI in Chicago, it may be tempting to handle the matter yourself—especially if it’s your first arrest. After all, you might think it’s just a simple mistake, and if you’re cooperative and respectful, the court will go easy on you. Unfortunately, the legal system doesn’t work that way. A DUI in Illinois is a criminal offense, not a traffic violation. The stakes are high, the process is complex, and your future is on the line.

From the moment you’re pulled over to the day your case is resolved in court, you are involved in a process that has serious legal, financial, and personal consequences. Without a seasoned DUI defense attorney advocating for you, you’re at a serious disadvantage—one that could cost you your driver’s license, your freedom, and even your job.

Let’s take a hard look at what really happens in DUI cases across Chicago and why it’s a critical mistake to try to face these charges alone.

July 25, 2025

How Reasonable Suspicion and Probable Cause Affect Criminal Charges in Chicago

by Law Offices of David L. Freidberg, P.C.

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.

July 24, 2025

How Illinois Prosecutors Build DUI Cases: Understanding the Evidence They Use Against You

by Law Offices of David L. Freidberg, P.C.

If you were arrested for DUI in Chicago, your future could hinge on evidence collected in a matter of minutes. In Illinois, prosecutors don’t rely on one smoking gun. They use layers of evidence — police reports, chemical test results, bodycam footage, and field observations — to build a case that looks stronger than it may actually be. Understanding this process is the first step toward building your defense.

Under Illinois law (625 ILCS 5/11-501), it is a criminal offense to drive or be in actual physical control of a vehicle while under the influence of alcohol, drugs, or any combination of intoxicating substances. First offenses are misdemeanors, but enhanced circumstances can lead to felony charges. For instance, a DUI with a suspended license or one that causes serious injury can become a Class 4 or Class 2 felony.

Most DUI investigations start with a traffic stop. The officer must have a legally valid reason — like failure to maintain lane position or speeding. What happens next is crucial. Officers immediately begin collecting visual and verbal evidence. They observe if your speech is slurred, your eyes are red or watery, or if there’s an odor of alcohol.

July 23, 2025

Stopped for DUI in Illinois Without Breaking a Traffic Law?

by Law Offices of David L. Freidberg, P.C.

Most people assume that police need to witness a traffic violation like speeding, swerving, or running a red light before they can legally stop a vehicle. But in Illinois, especially in major metropolitan areas like Chicago, drivers are often pulled over on suspicion of DUI even when they haven’t committed any traffic offense. This raises a critical legal question: Can the police really stop you for DUI in Illinois without any actual traffic violation?

The answer lies in the legal concept of reasonable suspicion, and it plays a major role in DUI cases throughout Cook County, DuPage County, Will County, and Lake County. If you’ve been arrested under these circumstances, understanding how the law works and what defenses may apply could make all the difference in protecting your rights.

No Violation? No Problem—According to the Law

July 22, 2025

First DUI in Illinois: What You Need to Know About Jail Time and Your Rights

by Law Offices of David L. Freidberg, P.C.

A Closer Look at First-Time DUI Charges in Chicago

Driving through the city streets of Chicago, whether on Lake Shore Drive or near the bars in Wrigleyville, comes with risks—especially when alcohol is involved. For those arrested and charged with a first DUI in Illinois, the shock of facing criminal prosecution can be overwhelming. Many people ask the same question: “Will I go to jail for my first DUI?” The answer is not a simple yes or no, but jail time is absolutely on the table depending on the facts of the case.

Under Illinois law, a first-offense DUI is charged as a Class A misdemeanor. This means the judge can impose up to 364 days in jail and a fine of up to $2,500, pursuant to 625 ILCS 5/11-501. It is not treated as a traffic ticket. It is a crime. And while not every first-time offender will receive jail time, there are many cases where judges do sentence defendants to time behind bars.

July 21, 2025

When BAC Tests Are Wrong

by Law Offices of David L. Freidberg, P.C.

DUI Arrests in Chicago Often Rely on Bad Science—Don’t Let a Machine Decide Your Fate

If you were pulled over and arrested for DUI in Chicago, chances are the police relied on a breath or blood test to measure your blood alcohol concentration, or BAC. While these tests are often portrayed in court as infallible scientific proof, the truth is far murkier. Machines malfunction. Blood samples spoil. Officers skip steps. And innocent people face harsh consequences based on unreliable test results.

Under Illinois law—specifically 625 ILCS 5/11-501—it’s illegal to drive with a BAC of 0.08% or more. That level applies regardless of whether you felt drunk or not. If your BAC was over the legal limit, even slightly, you may be charged with a Class A misdemeanor DUI. But that’s just the starting point. If your BAC is exceptionally high or you have other aggravating circumstances, your misdemeanor DUI could quickly turn into a felony—a life-changing event with long-term consequences.

July 20, 2025

License at Risk: What Illinois Drivers Need to Know After a DUI Arrest

by Law Offices of David L. Freidberg, P.C.

Understanding the Real Consequences of a DUI Arrest on Your Driving Privileges in Chicago and Beyond

If you’ve been arrested for DUI in Illinois, the law doesn’t wait for a conviction before acting against your license. In fact, the moment you are arrested, you’re already facing an administrative process that can take away your ability to drive—sometimes for months or even years. What happens next can be confusing, fast-paced, and deeply frustrating, especially if you rely on your vehicle for work, school, or your family.

In Chicago, where courtrooms handle thousands of DUI cases every year, knowing your legal options is the key to protecting your future. If your license matters to you, don’t make the mistake of thinking you’ll get a second chance without a fight.

July 19, 2025

What Makes a DUI Charge ‘Aggravated’ Under Illinois Law?

by Law Offices of David L. Freidberg, P.C.

In Chicago, DUI arrests are a common occurrence, particularly during weekends, holidays, and special events. But not every DUI charge carries the same weight. Illinois law distinguishes between a standard DUI, typically charged as a misdemeanor, and an aggravated DUI, which significantly elevates the legal consequences due to specific aggravating factors. These aggravating elements can turn a misdemeanor DUI into a felony, exposing individuals to much harsher penalties and long-term consequences.

In Illinois, criminal offenses are categorized into misdemeanors and felonies. Misdemeanors are less severe and typically result in jail time of up to one year in county jail. Felonies, on the other hand, are much more serious and carry penalties that include over a year in state prison, substantial fines, loss of civil rights, and a permanent mark on one’s criminal record. An aggravated DUI falls squarely in the felony category and often involves bodily harm, prior offenses, or certain aggravating circumstances such as transporting minors or lacking a valid driver’s license.

Statutory Elements and Penalties Under Illinois Law