Understanding the Criminal Trial Process in Illinois

A Chicago Defense Lawyer’s Perspective

Getting arrested in Chicago can turn your world upside down. Whether you’re accused of shoplifting or facing serious charges like aggravated battery, the road ahead is difficult—but it’s not one you have to walk alone. At The Law Offices of David L. Freidberg, we’ve represented thousands of clients throughout Cook County and beyond, and we know how the Illinois criminal trial process works from the inside out. If you’re wondering what comes next after an arrest, here’s what you need to know.

How Criminal Cases Begin in Chicago and the Surrounding Counties

A criminal trial in Illinois doesn’t start with courtroom drama. It begins long before that—with a complaint, an arrest, or an indictment. In most cases, law enforcement arrests a person based on observed behavior, a warrant (725 ILCS 5/107-9), or probable cause following an investigation.

Once someone is in custody, the first appearance in court must happen within 48 hours. That’s when a bond hearing is held. In Cook County, the judge may release the person on personal recognizance, set conditions for release, or deny bail entirely, depending on the offense and risk factors under 725 ILCS 5/110-5.

Next, the prosecutor formally charges the defendant. Felonies require either a preliminary hearing or a grand jury indictment. At this stage, the prosecution must show there is enough evidence for the case to move forward. Once charges are filed, a defense strategy begins to take shape.

Pretrial Motions, Discovery, and Case Building

Before trial, your attorney has several opportunities to challenge the prosecution’s case. Under Illinois law, the defense has the right to review all evidence (called discovery) under Supreme Court Rule 412. This includes police reports, witness statements, lab results, videos, and more.

Pretrial motions are filed to address problems in the case. For example, we often challenge the legality of traffic stops or searches that resulted in evidence collection. A motion to suppress evidence (725 ILCS 5/114-12) can make or break a case. Without admissible evidence, prosecutors often drop or reduce charges.

We may also bring motions to dismiss the case, prevent improper witness testimony, or challenge identification procedures. Each of these steps can help us limit what the jury sees or hears—stacking the odds back in your favor.

The Criminal Trial Itself: How Illinois Courts Operate

If your case goes to trial, it will proceed as either a bench trial (before a judge) or a jury trial (12 jurors). We help our clients make this choice strategically. Some cases are better suited for a judge familiar with the law; others benefit from a jury of peers.

Jury selection is the first part of the trial. We question jurors during voir dire to identify bias and ensure a fair panel. Opening statements follow, where both sides outline what they expect the evidence to show.

The prosecution presents its witnesses and evidence first. Your defense attorney can cross-examine every witness. Then, we present the defense—whether it’s an alibi, forensic evidence, or simply exposing holes in the state’s case.

After both sides rest, closing arguments are made. The jury then deliberates in private and must reach a unanimous verdict. If they can’t agree, it may lead to a hung jury and a mistrial. If there is a guilty verdict, sentencing follows—often weeks later.

An Example from Cook County: Armed Robbery Defense

One of our clients was charged with armed robbery under 720 ILCS 5/18-2, a Class X felony carrying a minimum of 6 years in prison. The prosecution claimed he used a weapon during a convenience store robbery. However, we uncovered inconsistencies in the witness identifications and proved through cell phone tower data that our client was in another neighborhood at the time.

We brought in a digital forensics expert to explain how the GPS data worked. The jury deliberated for three hours and returned a not guilty verdict. That’s the power of a detailed and aggressive defense.

The Types of Evidence Prosecutors Use—and How We Respond

In most cases, prosecutors rely on:

Eyewitness testimony
Surveillance footage
Police body cam videos
Lab tests (for drugs, fingerprints, DNA)
Digital records (texts, call logs, online activity)

But these aren’t always reliable. Eyewitnesses often misidentify suspects, and lab results can be tainted or misinterpreted. We use our own investigators, forensic experts, and subpoena power to challenge or counter this evidence.

When appropriate, we file a motion to suppress illegally obtained evidence under 725 ILCS 5/114-12. This motion often becomes a turning point in the case.

For more on defense tactics and suppression issues, visit Illegal Searches and Suppression in Illinois.

Sentencing and the Stakes of a Conviction

If a person is found guilty, Illinois law determines sentencing based on the class of the offense. For instance:

Class A misdemeanor: Up to 364 days in jail and a $2,500 fine
Class 4 felony: 1 to 3 years in prison
Class X felony: 6 to 30 years without probation

But beyond jail time, there are life-changing consequences. A criminal conviction becomes public record, can’t be expunged in most felony cases, and may affect employment, immigration, gun rights, and housing.

We fight not only for acquittals but also for alternative sentencing when possible: probation, diversion programs, or reduced charges that protect your future.

Why a Criminal Defense Lawyer Is Essential from Day One

Illinois law is complicated. The rules of evidence, procedures for pretrial motions, and even the style of local judges vary by county. Without a defense attorney, you risk losing critical opportunities to contest the charges.

At The Law Offices of David L. Freidberg, we act fast to protect your rights at every stage. From the moment of arrest, we advise clients not to speak to police without us present. We attend bond hearings, fight for evidence suppression, and if necessary, take cases all the way through trial and appeal.

We’re not afraid of going to trial. In fact, our willingness to litigate often results in better plea deals because prosecutors know we’ll fight.

What to Look for in a Criminal Attorney in Chicago

Not every lawyer is right for your case. Look for someone who:

Focuses on criminal defense
Has trial experience
Knows the local courts and prosecutors
Is responsive and clear in communication
Has a history of successful outcomes in similar cases

During a free consultation, ask the attorney about their plan for your defense, how often they go to trial, and what outcome they believe is realistic. You deserve honest answers and full transparency.

Why Choose The Law Offices of David L. Freidberg

We’ve spent decades representing people across Cook, DuPage, Will, and Lake Counties. Our criminal defense attorney has a record of dismissals, acquittals, and reduced charges in all types of criminal cases—from drug possession to white-collar offenses and violent felonies.

Our approach is aggressive, personalized, and strategic. We know how prosecutors build cases—and we know how to dismantle them. We will never leave you wondering what comes next.

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

If you’ve been charged with crime in Chicago, call The Law Offices of David L. Freidberg for a free 24/7 consultation.

If you were arrested in Chicago for a crime, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling DUI 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.