Arrested in Illinois? Here’s What Happens Next—and Why a Defense Attorney Is Critical

Being arrested is one of the most stressful and uncertain experiences a person can face. In Chicago and throughout Illinois, the moment you’re placed in handcuffs, the state’s criminal process begins—and it doesn’t slow down. Whether you’re arrested for a misdemeanor like public intoxication or a felony like burglary or unlawful possession of a weapon, what happens next can shape your future.

People often make the mistake of assuming that the truth will “come out eventually” or that they can explain their way out of it. But law enforcement doesn’t make arrests by accident, and prosecutors don’t file charges without building a case. The best time to act is immediately, before the damage becomes permanent.

This article is for those who have been arrested in Illinois and want straight, real-world guidance—not false hope, not empty promises. Just facts, strategies, and what you should do next to protect yourself, your record, and your future.

What You’re Facing After Arrest: Understanding the Charges

The first step to protecting yourself is understanding what you’re accused of and how Illinois classifies criminal offenses. Charges fall into two categories: misdemeanors and felonies.

Misdemeanors are offenses punishable by less than one year in county jail. Examples include:

Retail theft under $300 (720 ILCS 5/16-25)
Simple battery (720 ILCS 5/12-3)
First-time DUI (625 ILCS 5/11-501)
Criminal trespass (720 ILCS 5/21-3)

Felonies are more serious and carry a minimum of one year in prison. They range from Class 4 to Class X:

Class 4 Felony: Unlawful possession of a controlled substance (720 ILCS 570/402)
Class 3 Felony: Aggravated battery to a peace officer (720 ILCS 5/12-3.05)
Class 2 Felony: Burglary (720 ILCS 5/19-1)
Class 1 Felony: Criminal sexual assault (720 ILCS 5/11-1.20)
Class X Felony: Armed robbery (720 ILCS 5/18-2)

Each charge carries a different range of penalties, and every felony conviction will remain on your criminal record for life unless you qualify for very narrow expungement exceptions.

From Arrest to Court: What to Expect in Illinois

When you’re arrested, you’re taken to a police station for processing. You’re fingerprinted, photographed, and possibly questioned. If you’re in Cook County, DuPage County, or Lake County, you may be held overnight and appear in bond court the next morning. The judge at the bond hearing decides whether you’ll be released or held while your case moves forward.

This is your first chance to begin a proper defense, and it’s also where mistakes are made. People often speak to police thinking they can talk their way out, only to give prosecutors ammunition to use against them later.

If you are released on bond, your next court appearance will be an arraignment, where you enter a plea. From that point forward, the case proceeds through:

Discovery and pretrial motions
Negotiation and plea bargaining
Trial or sentencing

Every stage is a legal battleground, and you need someone who knows the field.

What Not to Do After You’ve Been Arrested

One of the biggest dangers after an arrest is doing too much—or too little. Avoid these critical mistakes:

Talking to police or detectives without an attorney
Posting about your case or arrest on social media
Calling or texting victims or witnesses
Assuming the charges are “minor” and don’t need legal help
Hiring an attorney who doesn’t focus on criminal defense

You only get one shot at defending yourself the right way. Saying the wrong thing to police or showing up to court unprepared can lead to convictions that might have been avoided.

Why the Prosecution Has a Head Start—and How We Catch Up

The State’s Attorney starts building their case before charges are even filed. By the time you’re arrested, they may already have:

Police reports
Body cam footage
Witness statements
Video surveillance
Lab results or forensic evidence

That’s why you can’t afford to wait to hire a criminal defense lawyer. We start by reviewing everything the prosecution has and forcing them to hand over discovery under Illinois Supreme Court Rule 412. We often find weaknesses in the chain of custody, constitutional violations, or overreaching by police.

The sooner we get involved, the more pressure we can put on the prosecution to dismiss weak charges or reduce them through plea negotiations. If your case goes to trial, we need time to prepare cross-examinations, locate favorable witnesses, and file legal motions to exclude damaging evidence.

A Real Case Example: Felony Drug Charges Dismissed

One of our clients in Chicago was arrested on the South Side during a traffic stop. Officers claimed they saw drugs in plain view, charged him with a Class 4 felony for cocaine possession under 720 ILCS 570/402(c). But after reviewing dashcam footage, we discovered the officers extended the stop for several minutes without probable cause.

We filed a motion to suppress, citing the Fourth Amendment and 725 ILCS 5/114-12. The judge ruled in our favor and excluded all the evidence. Without the drugs, the prosecution had no case. Charges dismissed.

This kind of result doesn’t happen by accident. It requires fast action, legal knowledge, and an aggressive defense strategy.

Potential Legal Defenses We Can Raise

Every case is different, but many criminal cases in Illinois can be challenged with one or more legal defenses, such as:

Illegal stop or search
Mistaken identity
Alibi defense
Consent withdrawal in sex offense cases
Self-defense or defense of others
Entrapment by law enforcement

We look at everything. Did the officer have legal grounds for the stop? Was the search lawful? Were you Mirandized before questioning? Did someone misidentify you? Our defense strategy is built around exposing these flaws to the judge and jury.

The Criminal Record You Don’t Want to Live With

Once you’re convicted, the consequences don’t end in the courtroom. Your criminal record is permanent and public. Employers, landlords, licensing boards, and immigration authorities can all access it. A single conviction, even for a misdemeanor, can cost you:

A job opportunity
Your professional license
Your immigration status
A chance at housing or federal student aid

In Illinois, expungement and sealing options are limited. That’s why we fight hard to win your case or resolve it in a way that keeps your record clean.

Why Hiring the Right Attorney Can Make the Difference

Hiring a criminal defense attorney isn’t just a legal move—it’s a life decision. The right lawyer will understand how to interpret police reports, challenge unconstitutional searches, and craft a defense that fits your circumstances.

You want someone who:

Has decades of courtroom experience
Knows the local prosecutors and judges
Has taken criminal cases to trial
Understands sentencing alternatives like deferred prosecution or second chance programs
Will answer your calls and keep you informed

At The Law Offices of David L. Freidberg, that’s exactly what we do—every single day. We’ve defended thousands of clients in Cook County and surrounding areas and helped many avoid convictions that would have followed them for life.

When You Need a Fighter, Call Us

Whether you’re charged in downtown Chicago, Skokie, Maywood, Bridgeview, or Rolling Meadows, we’re ready. We appear regularly in courtrooms throughout Cook, DuPage, Will, and Lake Counties. And we don’t treat aggravated speeding as just another moving violation.

If you were arrested in Chicago, 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.