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Can an Attorney Stop Charges Before They’re Filed in Chicago?
Being investigated for a crime in Chicago can be one of the most unsettling experiences a person can face. You haven’t been charged yet, but you know something is happening behind the scenes. Maybe you were questioned. Maybe you were served a subpoena. Maybe you just have a feeling that something isn’t right. At this stage, most people feel helpless—unsure whether to wait or act. But the truth is, this window of time can be one of the most critical phases in your entire case.
And yes, a lawyer really can stop charges from being filed—if you act early enough.
At The Law Offices of David L. Freidberg, we represent clients in pre-charge investigations throughout Chicago and across Cook County. These are people who haven’t been arrested but are at risk. And in many of those cases, we’ve been able to stop charges entirely. But stopping charges doesn’t happen by accident. It takes strategic legal intervention, timing, and a deep understanding of how Chicago prosecutors handle criminal investigations.
Why You May Be at Risk for Charges—and Not Even Know It
Law enforcement doesn’t always announce an investigation. In fact, in many cases, detectives and prosecutors work quietly, gathering evidence before notifying anyone of their intentions. You may first learn about the investigation when a police officer calls asking if you’re “willing to come in and talk.” Or maybe you find out from a friend who’s already been questioned. In some cases, a search warrant is executed, and property is seized, even before charges are officially filed.
If any of this has happened to you, you’re in a critical phase of your case. You’re on the prosecution’s radar. They may be reviewing police reports, interviewing witnesses, or analyzing evidence to determine whether there’s probable cause. The best time to intervene is now—before they make that decision.
The Charging Process in Illinois Criminal Cases
To understand why a lawyer can stop charges before they’re filed, it helps to know how criminal cases are built. In Illinois, law enforcement begins an investigation based on a complaint, a tip, or an observed crime. Officers then collect information—statements, documents, physical evidence—and submit it to the State’s Attorney’s Office.
Prosecutors then review that evidence to determine whether there’s probable cause to support criminal charges. If they believe there is, they file a complaint or take the matter before a grand jury.
But here’s the key: During this stage, the prosecutor hasn’t yet heard your side of the story. They’ve only heard from police and witnesses. They haven’t seen any evidence that might clear your name or call the accusation into question. That’s why legal representation at this point can be a game changer.
How a Criminal Defense Attorney Can Intervene Before Charges
Hiring a criminal defense attorney before formal charges are filed isn’t just smart—it can be the difference between having a criminal record and avoiding prosecution altogether. When you retain our firm at this early stage, we move quickly. Our role includes:
- Making immediate contact with detectives or prosecutors to assert your rights
- Determining whether you are a suspect, a witness, or a person of interest
- Conducting a parallel investigation to uncover favorable evidence
- Preventing you from making self-incriminating statements to law enforcement
- Presenting key facts to the State’s Attorney’s Office before they file charges
- Offering context, legal arguments, or explanations that may lead to dismissal
In many cases, prosecutors are looking for reasons not to prosecute—especially when the facts are in dispute or the legal grounds are weak. By providing those reasons early, we give the state an alternative to filing formal charges.
What Types of Charges Can Be Prevented?
Every case is different, but there are some types of allegations where early legal action can be especially effective. These include:
- Domestic battery – Often based on conflicting statements from involved parties
- Theft or embezzlement – Where documentation can be interpreted in different ways
- Drug possession – Particularly when there are questions about how the drugs were found
- Sexual assault – Especially if there are inconsistencies or a lack of corroborating evidence
- Internet crimes – When there is uncertainty about who actually controlled the device or account
- White-collar crimes – Where expert analysis can show intent or lack thereof
In these types of cases, it’s not uncommon for an aggressive and timely defense to stop the case before it ever reaches court.
The Danger of Speaking With Police Without a Lawyer
One of the most common mistakes people make during the pre-charge phase is agreeing to speak with police or investigators without legal counsel. Detectives may make it seem like you’re not a suspect or that they just want to “hear your side of the story.” But make no mistake—anything you say can be used against you later in court.
Even casual conversations or clarifications can become the foundation of a case. Once you make a statement, it’s almost impossible to walk it back. And you’re not entitled to a public defender unless you’re under arrest or already charged.
When you hire a private attorney before charges are filed, we step in immediately to block these kinds of conversations. We assert your right to remain silent and protect you from being manipulated into giving up critical information.
What Happens If Charges Are Filed Anyway?
In some situations, prosecutors proceed with charges despite our efforts. That doesn’t mean the fight is over—it means it’s just beginning. The advantage is that we’ve already built a foundation for your defense. We know the facts, the players, and the issues. We’ve preserved evidence, and we’re ready to go on the offensive.
If charges are filed, we may still be able to:
- Challenge the legality of the search or arrest
- File motions to suppress key evidence
- Seek a reduction in charges
- Negotiate pretrial diversion or probation
- Take the case to trial if needed
But the earlier we get involved, the more options we typically have.
You Don’t Need to Be Guilty to Be Charged
It’s a harsh reality, but innocent people are charged with crimes all the time. Witnesses make mistakes. Police get tunnel vision. Prosecutors rely on one-sided information. If you know you didn’t do what you’re being accused of—or if there’s more to the story than what police think—your silence will not protect you.
Having a lawyer present your side before charges are filed gives you the best chance of avoiding the criminal justice system altogether.
Why You Shouldn’t Wait for an Arrest
Too many people wait until they’re in handcuffs to start thinking about hiring a lawyer. By that time, prosecutors already have their case laid out, and you’re starting on defense.
When you act early, we can protect your rights from the very first moment. We can get ahead of the evidence and frame your case on your terms. We may even be able to stop the train before it leaves the station.
You Deserve the Chance to Stay Out of the System
Chicago’s criminal court system is large, fast-moving, and unforgiving. Once you’re charged, the process becomes public, stressful, and hard to stop. If there’s any chance to avoid it altogether, wouldn’t you take it?
That’s what early legal intervention is about. Giving you the chance to walk away with your record, your reputation, and your freedom intact.
Call Now for a Free Consultation with an Illinois Defense Lawyer
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.