Can an Attorney Stop Criminal Charges from Being Filed in Chicago?

Being investigated for a crime in Chicago is terrifying. You may not be arrested. You may not have court dates—yet. But the fear of what’s coming next can keep you awake at night. The question many people ask is: Can hiring a criminal defense attorney at this stage actually stop the case before it becomes public and permanent? The answer in many cases is yes—but timing is everything.

In Illinois, once charges are filed, they’re often difficult to walk back. Prosecutors in Cook County and the surrounding counties take criminal allegations seriously. That’s why early intervention by a skilled criminal defense lawyer may be your best shot at keeping your record clean and avoiding public prosecution altogether.

The Power of Pre-Charge Representation in Chicago Criminal Cases

Most people assume they can’t do anything until they’re arrested or receive formal charges. That’s simply not true. Prosecutors don’t work in a vacuum. They often rely on police reports, investigator recommendations, or witness statements to determine whether there is “probable cause” to file a charge.

A defense attorney’s job at this stage is to insert a counter-narrative—one that the police might not have captured. Maybe there’s surveillance footage showing you weren’t even there. Maybe there’s a witness who contradicts the story. Maybe the complainant is lying, and the proof is in the text messages.

The state does not have to file charges. A defense attorney can request a meeting with the assigned Assistant State’s Attorney before any charges are filed, present mitigating evidence, highlight factual inconsistencies, and argue that filing charges would not serve justice. While prosecutors are under no obligation to accept these arguments, many will listen—especially when the facts aren’t clear-cut.

Common Scenarios Where Attorneys Can Prevent Charges

There are certain types of cases where pre-charge intervention is more effective than others. Domestic battery is one of the most common. In Chicago, law enforcement officers are often quick to arrest in domestic incidents, even when both parties were involved. But just because an arrest is made doesn’t mean charges are automatically filed.

An attorney can speak to the prosecutor before charges are finalized, present exculpatory evidence, or provide affidavits from the complaining witness. If successful, the prosecutor may drop the matter before court proceedings begin.

Other situations where early legal action can help include:

• Retail theft accusations where store surveillance shows no crime occurred
• Drug arrests involving questionable searches or illegal seizures
• Bar fights or public battery cases where mutual combat applies
• Sexual assault investigations where consent is in dispute or evidence is inconsistent
• White collar or fraud investigations involving incomplete or misinterpreted data

In all these examples, the outcome can hinge on the prosecution’s first look at the case. If that first impression includes your defense attorney’s voice, the trajectory of the case can shift dramatically.

Understanding Prosecutorial Discretion in Illinois

In Illinois, the power to file—or not file—criminal charges lies entirely with the prosecuting authority. In Cook County, that’s the State’s Attorney’s Office. Prosecutors evaluate the facts and law, weigh the public interest, and then decide how to proceed.

The decision isn’t always black and white. There may be enough evidence to technically support a charge, but not enough to ensure a conviction. There may be social or contextual reasons not to proceed—such as mental health issues, mistaken identity, or a strong self-defense argument. This gray area is where experienced attorneys do their best work.

What you say to police doesn’t always make it into the report. What you wish they knew might never be considered—unless your attorney ensures they hear it. That’s the core benefit of hiring counsel early: shaping the prosecutor’s perception before it’s set in stone.

Why Delay Can Be Dangerous

One of the biggest mistakes people make is waiting. They hear from a detective. They’re told “you’re not under arrest” or “we just want to talk.” It sounds harmless—until it’s not.

The moment you speak to law enforcement without a lawyer, you’re at risk. Even well-meaning statements can be twisted or taken out of context. Even truthful answers can create inconsistencies that harm you later. Once you’ve spoken, it’s harder for your attorney to clean up the narrative.

In contrast, when you contact a defense lawyer immediately, your attorney can make the call, not you. They can coordinate with law enforcement, control the flow of information, and keep you from making critical missteps. More importantly, they can start building a strategy to avoid charges altogether.

Real-World Examples of Charges Being Avoided

Let’s say you’re accused of stealing from a department store in downtown Chicago. You were stopped, questioned, and searched, but not arrested. The store provided footage, but you know you didn’t take anything. By the time you contact a lawyer, the detective already forwarded the case to the State’s Attorney.

Your lawyer acts quickly. They contact the prosecutor, review the store footage, and spot key flaws. They present screenshots showing you returned the item to the shelf. They provide statements from others who were with you. As a result, the prosecutor declines to approve charges—your case ends before it begins.

Or consider a bar fight in River North. Police arrive, and you’re identified as one of the aggressors. But witnesses know it was self-defense. Your attorney interviews those witnesses immediately and gathers phone video before it’s deleted. They submit that video to the assigned prosecutor before charges are filed—and the matter is dropped.

These are not theoretical. They are real outcomes that happen because clients take early action.

What Happens If Charges Are Filed Anyway?

Even if charges are filed despite your attorney’s best efforts, all is not lost. You still benefit greatly from having an early start. Your lawyer already knows the facts, has preserved key evidence, and may be able to push for bond reductions, favorable plea deals, or pretrial diversion programs that avoid jail time and long-term consequences.

In some cases, early intervention can lead to a reduction in charges. For example, a felony theft charge may be filed as a misdemeanor instead. Or, the prosecution may agree to a “continuance for dismissal,” where charges are dropped after a period of good behavior. These outcomes aren’t guaranteed—but they’re far more likely with proactive defense.

How to Know If You’re Being Investigated

Not every police investigation is obvious. Sometimes you’ll get a phone call from a detective. Other times, you may receive a letter or a knock on the door. Red flags that suggest you’re being investigated include:

• Police asking to “talk” or “clear something up”
• Friends or coworkers being questioned about you
• Search warrants being served at your home or workplace
• Your name appearing in connection with an incident or complaint

If you experience any of these things—don’t wait. Assume you’re being investigated and get legal help now.

What to Ask a Criminal Defense Attorney During Your Consultation

When choosing a lawyer for pre-charge defense, ask these questions:

• Have you prevented charges from being filed in past cases?
• What steps will you take immediately to protect me?
• Will you speak to police or prosecutors on my behalf?
• Do you handle these cases personally, or will someone else take over?
• How quickly can we begin working on this?

The answers will tell you whether the attorney has the experience and availability to handle your case the right way.

Don’t Wait for an Arrest – Call the Law Offices of David L. Freidberg

If you believe you’re being investigated in Chicago, Cook County, or surrounding areas, now is the time to protect yourself. At anywhere in Illinois, protect your future by contacting The Law Offices of David L. Freidberg, we’ve helped countless clients avoid public charges, avoid arrest, and avoid court altogether.

We offer free, confidential consultations 24/7—and we act fast.

Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation.

We serve clients in Chicago, Cook County, DuPage County, Will County, and Lake County.

When your reputation and freedom are on the line, early action makes all the difference.