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What Should I Do If I Think I’m Being Investigated?
Chicago Criminal Defense Attorney – The Law Offices of David L. Freidberg
Chicago is one of the most heavily policed cities in the country. With a large number of federal, state, and local law enforcement agencies operating here—including the Chicago Police Department, Cook County Sheriff’s Office, and federal agencies like the FBI, DEA, and ATF—many people find themselves under investigation before they’ve even been arrested or charged. If you think you’re being investigated for a crime in Chicago, every move you make matters. What you say, what you post online, and who you speak to can all be used against you later. That’s why the most important thing you can do is get legal protection immediately.
In Illinois, investigations often begin long before formal charges are filed. You might receive a visit from law enforcement asking you to “come down and answer a few questions.” You might hear from a friend or coworker that police are asking about you. Or you might be served with a subpoena. These early signs are not casual. They are serious. Law enforcement doesn’t start questioning someone unless they suspect a crime has been committed—and that you are somehow involved.
Whether the investigation involves drug offenses, white collar crimes, violent felonies, or gun possession, every potential charge in Illinois falls under a category: misdemeanor or felony. Misdemeanors carry less than one year in jail, while felonies can result in prison time, hefty fines, and long-term consequences. Knowing which category a potential charge might fall under helps you understand what’s at stake.
Illinois Criminal Law: What You May Be Investigated For
Illinois criminal statutes are broad, covering thousands of potential offenses. Drug crimes are among the most common reasons people are investigated, especially in Chicago. Under 720 ILCS 570/402, simple possession of substances like cocaine or heroin is charged as a felony, even for first-time offenders. Investigations for drug distribution or manufacturing are covered under 720 ILCS 570/401 and carry longer prison terms.
Weapons charges are also aggressively pursued. Under 720 ILCS 5/24-1, unlawful use of a weapon—including possessing a gun without a valid FOID or concealed carry license—can be a felony. If the weapon is loaded and carried in public, you may be facing a Class 4 felony with 1 to 3 years in prison. Prior convictions, gang affiliations, or use in connection with another crime can increase the severity to a Class X felony.
Theft-related investigations fall under 720 ILCS 5/16-1. Stealing something worth under $500 is a Class A misdemeanor, punishable by up to one year in jail. But theft of more than $500 becomes a felony. If you’re suspected of embezzlement or financial fraud, you may also face charges under 720 ILCS 5/17-1, which criminalizes deception in securing services or property.
Sex crimes carry even harsher penalties and long-term registration requirements. Under 720 ILCS 5/11-1.20, criminal sexual assault is classified as a Class 1 felony, with potential prison sentences of 4 to 15 years for a first offense. Child pornography, solicitation, and other offenses trigger additional investigative steps, including subpoenas for digital records and forensic review of electronic devices.
If you believe law enforcement suspects your involvement in any of these offenses—or others such as assault, battery, DUI, or domestic violence—the time to protect yourself is now. The earlier you secure legal representation, the better your defense will be.
How Criminal Investigations Begin and Progress in Chicago
In Illinois, most criminal investigations begin with a tip, a complaint, an arrest, or law enforcement observations. If an officer believes a crime has occurred, they may open an investigation, often without informing the person being investigated. In Chicago, this could mean police monitoring your social media, reviewing surveillance footage, or working with confidential informants.
You may be approached casually. Investigators are trained to keep people off guard and may act like they’re just trying to “clear something up.” They may even say you’re not the target. Do not assume they’re telling the truth. Anything you say can be used against you—even if you haven’t been charged yet.
Investigations can include subpoenaing bank records, seizing your phone, or searching your home or car. In more serious cases, police may obtain search warrants or wiretaps. Undercover operations are common in drug and sex crime investigations, while digital forensics are routine in white collar and internet-related offenses.
If you’ve already been contacted by law enforcement, that is a sign the investigation is in an advanced stage. By this point, the police likely have evidence or witness statements. Speaking to them without counsel only strengthens their case. Having a defense lawyer speak on your behalf does not make you look guilty—it makes you smart.
The Arrest and Charging Process in Illinois
If the investigation results in enough probable cause, the next step is arrest. Sometimes you’ll be arrested immediately, such as during a traffic stop or after a domestic dispute. Other times, law enforcement may obtain a warrant. You could be picked up at home, work, or even during a routine police encounter.
After your arrest, you’ll be taken to a local police station or the Cook County Jail. There, you’ll be processed and await your bond hearing. At this hearing, the judge will decide whether to release you, impose electronic monitoring, or deny bond altogether. Your attorney’s role during this phase is critical—early intervention can mean the difference between going home and staying in jail for months awaiting trial.
Formal charges are filed through the State’s Attorney’s Office. They decide what crimes to charge you with based on police reports, evidence, and witness interviews. Once charges are filed, the criminal case officially begins.
Even if you haven’t been arrested yet, a proactive defense attorney can sometimes prevent charges from being filed at all. If contacted early, your lawyer can present evidence to the State’s Attorney’s Office to dispute probable cause or negotiate a resolution before formal charges are entered into the system.
The Criminal Trial Process in Chicago
If charges move forward, the next phase is court. After arraignment, your case enters the pretrial phase, where your defense attorney receives discovery materials and begins investigating the case. Your lawyer may file motions to suppress evidence, contest witness credibility, or request dismissal based on constitutional violations.
The trial itself takes place in front of a judge or jury. The prosecution has the burden to prove every element of the crime beyond a reasonable doubt. This includes proving that you committed the act and had the required intent. Your attorney’s job is to create that doubt by presenting alternate explanations, challenging the reliability of the evidence, and cross-examining the government’s witnesses.
The outcome of trial can vary: acquittal, conviction, or a mistrial. But most criminal cases in Illinois are resolved before trial through plea agreements. An experienced defense attorney will help you understand your options and whether it’s better to fight in court or pursue a favorable resolution.
What Evidence Are Investigators Looking For?
When you’re being investigated, law enforcement is building a case based on any evidence they can collect. Physical evidence is common in drug, gun, and violent crime cases. This includes weapons, controlled substances, fingerprints, and DNA.
In financial and cybercrime cases, investigators look at emails, text messages, account transfers, metadata, and IP addresses. They may obtain warrants to search your devices or subpoena third-party providers like Google, Apple, and your bank.
Eyewitness testimony, video surveillance, social media posts, and cellphone tower data can all be used. Even if something seems insignificant—like a deleted message or a vague post—it can become central to a case when interpreted by prosecutors.
Understanding what kind of evidence may be used against you helps your attorney develop the right strategy to suppress or dispute it.
Why You Need a Criminal Defense Attorney Right Away
When you suspect you’re under investigation, every action you take has legal consequences. Talking to police without a lawyer is one of the most damaging things you can do. Once you have counsel, the government cannot speak with you directly, and any interviews must go through your lawyer.
Hiring a defense attorney early allows you to protect your rights, prevent unnecessary self-incrimination, and possibly avoid charges altogether. Your attorney can begin collecting evidence, interviewing witnesses, and speaking to the State’s Attorney’s Office before the case progresses.
An early legal defense is a powerful defense. Don’t wait until you’re in custody to take this seriously.
Potential Legal Defenses to Criminal Investigations
Even before charges are filed, a defense attorney can begin crafting legal defenses. One of the most common defenses involves lack of evidence. Investigations often rely on hearsay, assumptions, or weak circumstantial links.
Constitutional violations are also powerful. If law enforcement collected evidence through illegal search or seizure, that evidence may be thrown out. Without that evidence, the case may collapse.
Other defenses include alibis, mistaken identity, false accusations, entrapment, and lack of intent. Your attorney’s role is to determine which defenses apply to your specific situation and begin preparing for every possible outcome.
What You Should Look For in a Chicago Criminal Lawyer
You need a lawyer with courtroom experience, deep knowledge of Illinois criminal law, and a reputation for results. But you also need someone who communicates clearly and answers your questions directly. You want someone who explains what’s happening, gives you options, and puts your defense first—not someone who rushes you into a plea deal or leaves you guessing.
During your consultation, ask how many cases like yours the attorney has handled, what their approach will be, and how they plan to protect your record and your freedom.
Chicago Criminal Law FAQs
How do I know if I’m under investigation?
You may receive calls from detectives, get served with subpoenas, or hear from others that law enforcement is asking about you. In some cases, you won’t know until you’re approached or arrested. If you suspect you’re being looked at, take action immediately.
Should I talk to the police to “clear things up”?
No. This is one of the biggest mistakes people make. Officers are trained to get you to talk. Even if you’re innocent, what you say can be twisted and used against you later. Always speak with a lawyer before giving any statement.
Can I be arrested without warning?
Yes. If police believe they have probable cause, they can make an arrest on the spot or obtain a warrant without notifying you in advance.
Can an attorney really prevent charges?
Sometimes. If hired early enough, a lawyer may be able to intervene with prosecutors and present evidence or arguments that prevent formal charges from being filed. It depends on the case, but early action helps.
Will the police stop investigating me if I get a lawyer?
No, but they will stop contacting you directly. Having a lawyer signals that you’re taking things seriously, and all communication must go through your attorney. This helps avoid mistakes and protects your rights.
Why The Law Offices of David L. Freidberg Is the Right Choice
If you’re being investigated in Chicago, your next step could determine your future. You need someone who has defended thousands of clients, understands the Cook County court system, and won’t back down from prosecutors or police. At The Law Offices of David L. Freidberg, we defend your rights at every step—from investigation through trial. We treat every case with urgency and focus, because your life deserves nothing less.
Call Us Now for a Free Consultation – Available 24/7
Don’t wait to be charged before getting help. If you think you’re under investigation, call The Law Offices of David L. Freidberg right now. We offer free consultations and are available 24/7 to protect your rights.
If you are being investigate for a crime in Chicago or anywhere in Illinois, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling criminal 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.