Why You Need an Attorney—And Why You Need One Now After an Arrest

Arrested in Chicago? Why Every Second Counts After Criminal Charges

When you’re arrested in Chicago—whether it’s for a misdemeanor battery or a felony gun charge—your freedom, future, and finances hang in the balance from the very start. Illinois law enforcement agencies waste no time gathering evidence against you. The prosecution builds its case immediately, sometimes even before formal charges are filed. Meanwhile, if you’re not represented by an experienced criminal defense attorney, you’re already behind.

Chicago is no stranger to aggressive policing and swift prosecutions. Whether the arrest took place in the South Loop, Englewood, or Cicero, your location won’t protect you from the weight of the criminal justice system. Prosecutors in Cook County are well-trained, and they rarely go easy. Even a first-time offender can face harsh consequences depending on the charge. That’s why you need immediate representation.

Illinois criminal law classifies offenses into misdemeanors and felonies. Misdemeanors are less serious but can still carry up to 364 days in jail. Felonies can result in years or even decades in prison. Common charges in Chicago include:

• Theft (720 ILCS 5/16-1)
• Battery (720 ILCS 5/12-3)
• Domestic violence (720 ILCS 5/12-3.2)
• Gun possession (720 ILCS 5/24-1.1)
• Drug possession or distribution (720 ILCS 570/402)
• DUI (625 ILCS 5/11-501)

Each charge can carry substantial penalties, including incarceration, hefty fines, license suspension, mandatory counseling, and a permanent criminal record. It’s not just about time behind bars—it’s about your job, your family, and your future.

Read more about specific charges at Chicago Criminal Lawyer Blog or visit our main site at Chicago Criminal Lawyer for detailed legal information on Illinois criminal offenses.

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What Happens After You’re Arrested in Illinois—And How a Lawyer Protects You

In Illinois, a criminal case typically starts with either a warrant or a warrantless arrest based on probable cause. After being taken into custody, you’re processed and booked. From there, the following steps take place:

• Bond hearing or pretrial release
• Charging decision by the prosecutor
• Arraignment in court
• Discovery and pretrial motions
• Trial or plea negotiation

The first 48 hours after an arrest are crucial. Without legal protection, you may inadvertently say or do something that damages your case. Police officers are trained to ask questions in ways that encourage self-incrimination. Anything you say can be used against you—even if you believe you’re helping yourself.

Illinois criminal procedure requires prosecutors to file formal charges, often by filing a criminal information or seeking an indictment. Once charges are filed, the stakes escalate.

Penalties vary by charge. For example:

• A Class A misdemeanor, like DUI or retail theft, carries up to 364 days in jail and fines of up to $2,500.
• A Class 4 felony, like unlawful possession of a controlled substance, carries 1–3 years in prison.
• A Class X felony, such as armed robbery or aggravated criminal sexual assault, carries 6–30 years and is non-probationable under Illinois law.

Aside from statutory penalties, having a conviction on your criminal record may disqualify you from employment, housing, and professional licensing. In some cases, it can even impact your immigration status.

You need an attorney right away to challenge improper police conduct, request bail modifications, and preserve critical evidence. If you wait too long, evidence can disappear, memories fade, and witnesses vanish.

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Inside the Illinois Criminal Defense Process—How We Defend Your Case

As criminal defense lawyers in Chicago, we don’t wait for the prosecution to dictate the pace of your case. The earlier we get involved, the more opportunities we have to protect your rights and develop a winning defense.

A typical defense strategy may include:

• Investigating whether the arrest was lawful
• Filing motions to suppress unlawfully obtained evidence
• Challenging the credibility of witnesses
• Presenting mitigating evidence
• Exploring alternative sentencing options

For example, we once defended a client charged with unlawful use of a weapon (UUW) under 720 ILCS 5/24-1.1. He was arrested in the Back of the Yards neighborhood during a traffic stop. Police claimed they saw the handle of a firearm sticking out from under the driver’s seat. Our client insisted he had no knowledge of the weapon and that he was borrowing the car from a relative.

We filed a motion to suppress the gun evidence, arguing that the stop was pretextual and that the search exceeded the lawful scope of a traffic stop. After a full evidentiary hearing, the judge ruled the gun was inadmissible. The case was dismissed.

This is just one example of how strategic motion practice, early investigation, and in-depth knowledge of the law can save your case.

Evidence law enforcement typically gathers includes:

• Body cam footage
• Surveillance video
• Cell phone records
• Forensic reports (DNA, fingerprints)
• Statements from witnesses—or the accused

An experienced defense lawyer can challenge how that evidence was obtained, preserved, or interpreted.

The criminal trial process in Illinois includes jury selection, opening statements, cross-examination of witnesses, presentation of evidence, and closing arguments. Without legal counsel, the process is overwhelming. Even minor procedural errors can result in serious consequences.

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Why Every Defendant in Illinois Needs a Criminal Defense Lawyer—Right Away

Waiting to see how things “play out” is one of the most dangerous decisions a defendant can make. Prosecutors are trained to convict. They are not there to explain your rights or look out for your future. That’s the role of your defense attorney.

An Illinois criminal defense attorney protects you at every stage, including:

• During police questioning (where silence and strategy are critical)
• At your bond hearing (to seek your release)
• During discovery (to ensure evidence is disclosed)
• In motion practice (to exclude harmful evidence)
• At trial (to challenge the prosecution’s case)
• In sentencing (to argue for leniency)
• Post-conviction (appeals or expungement)

Potential defenses depend on the charge. Common legal defenses in Illinois criminal cases include:

• Self-defense (720 ILCS 5/7-1)
• Lack of intent
• Alibi
• Insufficient evidence
• Entrapment
• Police misconduct or illegal search and seizure under the Fourth Amendment

Choosing the right criminal defense attorney is crucial. Look for someone with courtroom experience in Cook County and the surrounding counties, familiarity with the judges and prosecutors, and a demonstrated history of favorable outcomes.

When interviewing a lawyer, ask:

• What is your experience with cases like mine?
• Have you handled jury trials?
• What is your approach to resolving criminal cases?
• How often do you go to trial versus negotiate pleas?
• Will you be the one handling my case directly?

At The Law Offices of David L. Freidberg, we encourage every potential client to ask these questions. We want you to feel confident that your case is in capable hands. Our results speak for themselves.

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Chicago Criminal Defense FAQs

What is the difference between a misdemeanor and a felony in Illinois?
A misdemeanor in Illinois is a less serious offense, such as DUI, retail theft, or simple battery, punishable by up to 364 days in jail. A felony is more serious—like gun charges, burglary, or aggravated assault—and can result in one year to life in prison. Illinois felonies are classified from Class 4 (least serious) to Class X (most severe).

Do I have to answer police questions after an arrest in Chicago?
No. You have the right to remain silent under the Fifth Amendment and should always request a lawyer before answering questions. Speaking without counsel present may hurt your defense later.

How long does a criminal case in Cook County usually take?
It varies. Some misdemeanor cases resolve in a few weeks, while felonies—especially those requiring forensic evidence—can take months or over a year. Having a lawyer ensures that delays benefit your defense, not the prosecution.

Can the police search my car or home without a warrant?
Only under certain conditions. For vehicles, they may search with probable cause or consent. For homes, a warrant is usually required unless there are exigent circumstances. If your rights were violated during a search, your lawyer can seek to have evidence suppressed.

Can a criminal record in Illinois be sealed or expunged?
Yes, depending on the offense. Misdemeanors and some felonies may be sealed or expunged if the individual meets the eligibility criteria. However, violent offenses, DUI, and certain gun crimes are not eligible. A criminal defense lawyer can review your record to determine your options.

What happens at a bond hearing in Cook County?
Within 48 hours of arrest, you’ll appear before a judge who determines whether to release you and under what conditions. An attorney can argue for lower bond or personal recognizance, helping you avoid pretrial detention.

What should I do if I’m falsely accused of a crime in Chicago?
Contact a criminal defense attorney immediately. Do not speak to police. Document everything you can about the incident and gather any witnesses or evidence that supports your side. False accusations must be handled with care to prevent wrongful conviction.

Do I need a lawyer if I plan to plead guilty?
Yes. A lawyer may be able to negotiate a more favorable plea deal, reduce the charges, or even find a defense you hadn’t considered. Pleading guilty without counsel can result in harsher penalties and lifelong consequences.

Can a conviction affect my immigration status?
Yes. Certain convictions can lead to deportation or make you inadmissible to the U.S. It is critical to hire a lawyer familiar with immigration consequences of criminal charges.

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Why Choosing The Law Offices of David L. Freidberg Could Make All the Difference

The legal system in Illinois moves fast, but we move faster. At The Law Offices of David L. Freidberg, we understand how stressful and overwhelming a criminal charge can be. We bring decades of courtroom experience to every case and are available 24/7 to defend your rights and your future.

Defendants who go without legal representation often regret it. You’re not just risking a conviction—you’re risking your livelihood, your reputation, and your freedom. We fight to win, not to settle for less. Whether you’re facing charges in Cook County, DuPage, Will, or Lake County, our office is prepared to help immediately.

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

If you’ve been charged with a crime in Chicago, call 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.