Chicago Criminal Lawyer Blog
As a federal criminal defense lawyer in Chicago, I regularly represent clients in both Illinois state courts and federal courts throughout the Northern District of Illinois. The federal system is different—more formal, more resource-intensive, and often more intimidating. If you’re under federal investigation, facing indictment, or preparing for trial in federal court, the stakes are significantly higher.
In Chicago, federal cases are heard at the Everett M. Dirksen U.S. Courthouse downtown, not in the typical Cook County courts like 26th & California. While state crimes range from misdemeanors to felonies under Illinois statutes, federal offenses are exclusively felony-level and often involve charges like drug trafficking, wire fraud, healthcare fraud, firearms violations, or conspiracy under Title 18 of the U.S. Code.
All crimes in Illinois—whether charged by state or federal prosecutors—are classified as either misdemeanors or felonies. Misdemeanors are handled at the state level. Felony-level conduct that crosses state lines, affects federal agencies, or involves large-scale criminal operations often results in federal charges. The difference is more than procedural—federal penalties are typically harsher, discovery is more limited, and sentencing guidelines are rigid.
Federal cases usually begin months—if not years—before charges are filed. Investigations may involve federal agencies like the FBI, DEA, ATF, or IRS. If you’re being contacted by a federal agent or served with a subpoena, you’re already a target or a subject in an ongoing investigation. At that point, having a criminal defense attorney experienced in federal litigation isn’t optional—it’s necessary.
In Chicago and across Illinois, federal cases move faster once indicted. The court imposes strict deadlines, and there’s little leniency for missed hearings or late filings. If you don’t take the process seriously from the start, the consequences can be life-altering.
From Investigation to Indictment: How Federal Charges Are Built
Most federal cases begin with a quiet investigation. This may involve confidential informants, wiretaps, surveillance, subpoenaed financial records, or coordinated efforts with local law enforcement. If you’re part of a criminal investigation in Chicago—whether for alleged drug distribution in Englewood or a fraud ring in the Loop—the federal government is playing the long game. They don’t file charges until they’ve built what they believe is a strong case.
Unlike Illinois state prosecutions, which often begin with an arrest followed by a quick court filing, federal charges typically require a grand jury indictment. During the investigation phase, prosecutors will present evidence to a grand jury—a group of 16–23 citizens who meet in secret. If the grand jury agrees there’s probable cause, they return a “true bill,” resulting in a formal indictment.
This phase is critical. If you have any indication you’re being investigated, now is the time to retain counsel. Once you’re indicted, the defense options become narrower.
Federal agents often serve search warrants after surveillance, obtain cell phone data, or flip co-defendants into cooperating witnesses. The U.S. Attorney’s Office will not hesitate to use every tool available to build their case, from encrypted app logs to hidden cameras to confidential recordings.
A key component of federal defense strategy is understanding how the evidence was collected. If it was obtained through an illegal wiretap, unlawful search, or coerced confession, I may be able to suppress that evidence. Timing matters. If you wait until indictment to act, some of those options disappear.
In federal investigations, silence is not protection. Even answering questions without a lawyer present can lead to obstruction charges or lying to federal agents under 18 U.S. Code § 1001, which carries up to five years in prison—even if you weren’t guilty of the original offense.
The Federal Trial Process in Chicago: What to Expect and How We Defend You
Once the indictment is filed, the federal trial process begins. Your first appearance is the initial appearance and arraignment. Here, you’re informed of the charges, appointed counsel if you qualify, and bail is set. Unlike Illinois state court, bail in federal court is typically based on risk of flight and danger to the community, not a set monetary schedule. You may be released on a signature bond, held with conditions, or detained until trial.
The next phase is discovery. In federal court, discovery is more limited than in state court. The government is not required to disclose all evidence upfront. However, under Brady v. Maryland and the Jencks Act, they must provide exculpatory material and witness statements before trial. A good Chicago federal defense attorney knows how to file the right motions to compel disclosure of key evidence.
Pretrial motions are crucial. I often file motions to dismiss defective indictments, suppress illegally obtained evidence, or limit damaging testimony. If the prosecution used improper means to obtain digital evidence, or if your Fourth Amendment rights were violated during a search in Cicero, Humboldt Park, or another Chicago neighborhood, I’ll challenge that in federal court.
Jury selection is followed by trial. Federal trials are intense. The prosecutors are seasoned. They’ve had months or years to prepare. Without a lawyer who knows federal procedure, evidentiary rules, and sentencing law, you’re at a disadvantage from the start.
If convicted, sentencing is governed by the Federal Sentencing Guidelines—a point-based system that calculates punishment based on the offense level and your criminal history. Judges may depart from the guidelines but often stick close to them. Your attorney must present strong mitigation—character letters, lack of intent, cooperation, rehabilitation—to argue for a reduced sentence.
Let me give you a fictional but realistic example. A man from Bridgeport is charged with wire fraud and conspiracy to commit healthcare fraud. The federal agents allege he submitted false billing for home health services. We obtain the billing records and prove that the services were performed. The cooperating witness turns out to have a pending fraud case himself and gave misleading information to reduce his sentence. We file a motion to suppress his testimony based on bias and lack of credibility. The judge limits the testimony, and with the main witness discredited, the government offers a plea deal to a reduced charge with probation.
In federal court, strong legal strategy from the outset can change everything.
Why Legal Representation at Every Stage of a Federal Case Is Critical
Many people make the mistake of thinking they can “wait and see” if the investigation leads to charges. That delay can cost you evidence, leverage, and ultimately your freedom.
Federal agencies are methodical. They will subpoena your bank records, track your phone calls, and monitor your movements long before you’re ever arrested. If you think you may be under surveillance or have been contacted by any federal agency—DEA, ATF, FBI, IRS—your next move should be to contact a criminal defense attorney in Chicago who regularly handles federal cases.
The government’s case often relies heavily on digital evidence. That includes texts, app data, social media activity, GPS logs, and surveillance footage. If you retain me early, I can begin issuing preservation letters to make sure that evidence doesn’t disappear—or get deleted before it can help you.
If you’re arrested or indicted, you’ll be required to make decisions quickly. Whether to take a plea deal. Whether to testify. Whether to accept cooperation agreements. You must make those decisions with the help of someone who understands the long-term consequences.
Potential defenses in federal court include:
-
Challenging the sufficiency of the indictment
-
Motion to suppress based on unconstitutional search or seizure
-
Demonstrating lack of intent
-
Entrapment by law enforcement
-
Flawed forensic or digital analysis
-
Discrediting informants or co-conspirator testimony
You also need to understand what to look for in a federal criminal defense lawyer. It’s not just courtroom experience. You want someone who knows how to challenge investigative techniques, build mitigation arguments, and negotiate strategically with U.S. Attorneys.
In your consultation, ask:
-
Have you handled federal criminal trials in the Northern District of Illinois?
-
Can you explain the sentencing guidelines and what they mean in my case?
-
What are the weaknesses you see in the government’s case?
-
How do you handle cooperation deals, immunity, or proffer sessions?
-
Will you be the one representing me, or will this be handed off?
You need real answers to these questions before putting your future in any attorney’s hands.
Chicago Federal Criminal Defense FAQs
Where are federal criminal cases heard in Chicago?
Federal criminal cases in Chicago are heard at the Everett M. Dirksen U.S. Courthouse, located at 219 S. Dearborn Street. This is where the U.S. District Court for the Northern District of Illinois holds hearings, trials, and sentencing for all federal crimes.
What are some examples of federal crimes prosecuted in Chicago?
Federal crimes in Chicago include drug trafficking, wire fraud, PPP loan fraud, healthcare fraud, firearm offenses, bank robbery, identity theft, tax evasion, child pornography, and crimes that cross state lines or involve federal agencies. Many of these fall under 18 U.S.C. § 371 (conspiracy) and other parts of Title 18.
Can a Chicago criminal defense lawyer represent me in federal court?
Not all criminal lawyers in Chicago handle federal cases. You need an attorney admitted to the U.S. District Court for the Northern District of Illinois and one who understands the Federal Rules of Criminal Procedure, discovery, and sentencing guidelines.
How long does a federal investigation take before charges are filed?
Some federal investigations last months or even years. You may not know you’re a target until agents serve a subpoena or attempt an arrest. That’s why early legal intervention is critical. An attorney can contact prosecutors, clarify your status, and begin preparing a defense.
What is a proffer agreement in a federal case?
A proffer agreement, also known as a “Queen for a Day” agreement, allows you to meet with federal prosecutors and agents to discuss your knowledge of a case in exchange for limited immunity. These sessions are risky. Anything you say can be used against you if you lie or omit key facts. Always consult a criminal defense lawyer before attending a proffer.
How are federal sentences determined?
Federal judges use the United States Sentencing Guidelines, which assign points for the type of offense, enhancements, and prior criminal history. While judges are not bound to these guidelines, they rely on them heavily. Sentencing memos, mitigation packages, and strategic advocacy can reduce exposure.
What’s the difference between an information and an indictment?
An indictment is returned by a grand jury. An information is filed directly by the U.S. Attorney, typically when a defendant waives indictment—often as part of a plea deal. Both result in formal criminal charges, but indictments are more common in contested federal cases.
Can I get bail in a federal case in Chicago?
Yes, but it’s not automatic. Federal judges determine bail based on flight risk and danger to the community. Your Chicago criminal defense lawyer must present strong evidence that you’re not a threat or flight risk. You may be required to surrender your passport, wear a GPS monitor, or be confined to home detention.
Why You Need a Criminal Defense Lawyer for Federal Charges in Chicago
Federal cases are different. The prosecutors are better funded. The sentencing is harsher. The process is faster. Going it alone—or with a lawyer unfamiliar with the federal system—can lead to a worst-case outcome.
At The Law Offices of David L. Freidberg, I’ve spent decades defending clients charged with serious federal crimes throughout Chicago, Cook County, DuPage County, Will County, and Lake County. I understand how the U.S. Attorney’s Office works, what judges in the Northern District look for, and how to break down complex cases.
If you’re under investigation, have been indicted, or expect to be charged, you need representation that starts working immediately—before your options are limited.
Call The Law Offices of David L. Freidberg – 24/7 Federal Criminal Defense in Chicago
If you’re facing a federal investigation, indictment, or trial in Chicago or anywhere in Illinois, call The Law Offices of David L. Freidberg today. We offer aggressive representation, strategic defense, and honest advice.
If you are under federal investigation, have received a target letter or subpoena, or have already been indicted, contact The Law Offices of David L. Freidberg immediately. Federal criminal charges require immediate attention and qualified defense advocacy. Our firm represents clients in Chicago, Cook County, DuPage County, Will County, Lake County, and throughout Illinois.
Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. The sooner we talk, the sooner we begin building your defense. Your future is too important to leave unprotected. Speak with a Chicago criminal defense lawyer who understands the federal system and is prepared to defend your case.
