What Happens During the Criminal Trial Process in Illinois

Criminal charges in Chicago are a serious matter. Whether the accusation is for a misdemeanor or a felony, the impact of a conviction can be life-altering. At The Law Offices of David L. Freidberg, we know how overwhelming the criminal trial process can be, especially for someone who has never been through the Illinois court system. If you or a loved one has been charged with a crime in Chicago or the surrounding counties, it’s important to understand exactly what the criminal trial process involves—and why experienced legal representation matters at every step.

Understanding the Types of Criminal Charges in Illinois

In Chicago and throughout Illinois, crimes are classified as either misdemeanors or felonies. Misdemeanors are generally less serious offenses, but they can still result in jail time, hefty fines, and long-term consequences. Felonies, on the other hand, carry significantly harsher penalties and can permanently damage a person’s future.

Under Illinois law, misdemeanors include Class A, B, and C offenses. Class A misdemeanors, such as DUI (625 ILCS 5/11-501) or simple battery (720 ILCS 5/12-3), can result in up to 364 days in jail and fines of up to $2,500. Felony charges are more severe. For instance, a Class 4 felony like aggravated unlawful use of a weapon (720 ILCS 5/24-1.6) carries 1 to 3 years in prison, while a Class X felony such as armed robbery (720 ILCS 5/18-2) can lead to 6 to 30 years behind bars.

Chicago sees a wide range of charges prosecuted—from drug offenses and gun crimes to theft and homicide. Each case starts differently, but all follow a structured process governed by Illinois statutes.

How Criminal Cases Begin in Illinois

A criminal case in Illinois usually starts in one of three ways: a police officer witnesses a crime, law enforcement secures an arrest warrant, or a grand jury issues an indictment. In Chicago, arrests often result from investigations conducted by local police or specialized task forces.

Once an arrest is made, the accused will be booked and held until they can appear before a judge, usually within 48 hours. At the initial appearance, the judge determines whether the person will be held in custody or released with conditions. Bail hearings are guided by 725 ILCS 5/110, which outlines the standards courts must use to determine conditions of pretrial release.

After this appearance, the case moves into a preliminary hearing or grand jury proceeding, depending on whether the charges are felonies or misdemeanors. The prosecution must present enough evidence to show that probable cause exists for the charges to proceed.

The Criminal Investigation and Evidence Gathering Process

Before or after an arrest, law enforcement will gather evidence to support the charges. Evidence can include physical items, witness statements, video footage, forensic reports, or digital data. In Chicago, prosecutors often work with the Chicago Police Department or the Cook County State’s Attorney’s Office to build their cases.

Authorities may use surveillance cameras, search warrants, wiretaps, and interviews to construct a timeline of events. However, not all evidence is legally obtained or admissible in court. The Fourth Amendment and Illinois statutes such as 725 ILCS 5/114-12 protect individuals from unlawful searches and seizures. If police obtained evidence without a proper warrant or violated constitutional rights, your defense attorney can move to suppress that evidence.

What Happens During the Trial Itself

If your case is not resolved through a plea bargain or dismissal, it proceeds to trial. In Illinois, criminal trials can be bench trials (decided by a judge) or jury trials (decided by a panel of 12 citizens).

The trial process begins with jury selection, during which both the prosecution and defense question potential jurors for bias. Once the jury is seated, opening statements are made. The prosecution goes first, followed by the defense. Then the trial proceeds to the presentation of evidence and witness testimony.

Illinois courts follow the Illinois Rules of Evidence, which control what evidence can be introduced and how it can be challenged. The prosecution has the burden of proving the defendant’s guilt beyond a reasonable doubt. After both sides present their cases, closing arguments are delivered, and the jury deliberates in private.

If the jury reaches a unanimous verdict, it is read in court. A guilty verdict leads to sentencing, while a not guilty verdict ends the case. If there’s a hung jury (no unanimous decision), a mistrial may be declared.

For more on how we defend our clients at trial, visit our main site: The Law Offices of David L. Freidberg.

Example Case: Defending a Felony Drug Charge in Cook County

Let’s consider a real case. A client was charged with possession of a controlled substance with intent to deliver, a Class 1 felony under 720 ILCS 570/401. The police alleged that the drugs were found during a traffic stop. Our defense strategy focused on the legality of the stop and the search that followed.

We filed a motion to suppress evidence based on the officer’s lack of probable cause. During a pretrial hearing, we demonstrated that the stop was not supported by reasonable suspicion and that the search was unconstitutional. The judge granted the motion, suppressing the drugs as evidence. With the key evidence thrown out, the prosecution had no choice but to dismiss the case. Our client avoided a potential prison sentence of 4 to 15 years.

This case highlights the importance of having a knowledgeable criminal defense lawyer who understands Illinois law and knows how to challenge flawed police procedures.

To see similar successful outcomes, visit our blog: Chicago Criminal Lawyer Blog.

Penalties and Collateral Consequences of a Conviction

A criminal conviction in Illinois carries more than just prison time or fines. A conviction—whether for a misdemeanor or felony—will appear on your criminal record and can affect your future for years. Employment, housing, education, and professional licensing opportunities can be limited by a criminal history.

For example, under 20 ILCS 2630/5.2, expungement and sealing of criminal records are only available in certain cases, and not all convictions qualify. Felony convictions are often ineligible unless pardoned. Even misdemeanor convictions like retail theft (720 ILCS 5/16-25) can hinder job prospects.

In addition, certain offenses carry mandatory sentences or enhanced penalties. Domestic battery (720 ILCS 5/12-3.2) carries mandatory jail time for repeat offenses. DUI offenses carry license suspensions under 625 ILCS 5/6-205 and can be charged as felonies if aggravated circumstances exist.

Why You Need an Attorney for Every Step of the Criminal Process

From the moment you are investigated or arrested, having a criminal defense attorney can change the trajectory of your case. A defense attorney helps prevent rights violations, examines the evidence for weaknesses, negotiates with prosecutors, and prepares you for trial. Without legal counsel, you are at the mercy of a system designed to secure convictions.

At The Law Offices of David L. Freidberg, we intervene early. We attend bond hearings, represent clients during police questioning, and ensure evidence collection is lawful. We evaluate the facts and legal issues to identify defenses—such as mistaken identity, self-defense, or lack of intent. Our courtroom experience allows us to effectively cross-examine witnesses, challenge forensic reports, and present persuasive arguments.

What Legal Defenses Are Available in Illinois Criminal Trials

There are several types of defenses that may apply in a criminal case depending on the facts. Self-defense, defense of others, lack of intent, mistaken identity, or coercion are just a few examples. Statutory defenses may also apply. For instance, under 720 ILCS 5/7-1, a person is justified in using force to defend themselves if they reasonably believe it is necessary.

Entrapment, as defined under 720 ILCS 5/7-12, is another common defense, particularly in drug or sex crime cases. It involves showing that law enforcement induced the defendant to commit a crime they otherwise would not have committed.

The choice of defense must be tailored to the case facts, and presenting it convincingly requires experience and legal skill.

Choosing the Right Criminal Defense Lawyer in Illinois

Not all attorneys are equal when it comes to criminal defense. You need someone who is aggressive in court, thorough in investigation, and responsive to your needs. The right lawyer knows the judges, understands the local court system, and has experience handling cases like yours.

Look for an attorney who has handled both misdemeanor and felony trials, who has fought suppression motions, and who is willing to take a case to verdict when needed. A criminal conviction is too serious to leave to chance.

During a free consultation, ask about the lawyer’s trial experience, past outcomes, and how they plan to approach your defense. You should feel confident that your lawyer has a strategic plan—not just a desire to plead the case out.

750 Words of Chicago-Relevant Criminal Defense FAQs

[Content for this FAQ section will be developed after this draft is approved.]

Why Defendants Should Never Go It Alone

Trying to represent yourself or relying on overworked public defenders is a risk that most people can’t afford. The prosecution has police departments, forensic experts, and career litigators on its side. You deserve someone just as committed to your defense.

At The Law Offices of David L. Freidberg, we fight every step of the way. From the moment of arrest to the day the jury delivers its verdict, we are there—filing motions, challenging the government’s case, and fighting for your freedom.

We serve clients in Cook County, DuPage County, Will County, and Lake County, and we understand the unique procedures in each jurisdiction.

Call Now – The Law Offices of David L. Freidberg Is Ready to Help

If you’ve been charged with crime in Chicago, call The Law Offices of David L. Freidberg for a free 24/7 consultation.

If you were arrested in Chicago for a crime, 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.