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What Really Happens in an Illinois Criminal Trial?
When you’re facing criminal charges in Illinois, whether for DUI, theft, drug possession, or a violent felony, the thought of going to trial can be intimidating. But what most people don’t realize is that the trial process doesn’t start on your court date. It begins the moment you’re investigated, arrested, or even questioned. The prosecution starts building a case against you immediately. If you don’t have a defense lawyer doing the same for you from the beginning, you’re at a disadvantage.
At The Law Offices of David L. Freidberg, we understand how Chicago’s criminal court system works because we’ve spent decades inside it—preparing, defending, and trying criminal cases from every angle. Whether your charges are minor or serious, knowing how the defense works at each stage of the criminal process is critical to protecting your future.
Charges in Chicago Can Be Misdemeanor or Felony—And Both Can Lead to Trial
Many people in Chicago don’t realize just how fast a minor police stop can turn into a criminal charge. You might get arrested for something as minor as shoplifting or a bar fight. But under Illinois law, these are not just tickets—they’re criminal offenses that can result in jail time, a permanent record, and the loss of your rights.
Misdemeanor charges are categorized into three classes. A Class A misdemeanor, like battery or a first-time DUI, can lead to up to 364 days in jail and fines. A Class B misdemeanor, such as some forms of trespassing, carries up to 6 months. A Class C misdemeanor, including disorderly conduct, can still result in jail and community service. All of these fall under the Illinois Criminal Code (720 ILCS 5).
Felonies are even more serious. A Class 4 felony like unlawful possession of a controlled substance (720 ILCS 570/402) can get you 1 to 3 years in prison. Class 2 felonies, such as burglary (720 ILCS 5/19-1), can land you in prison for 3 to 7 years. Class X felonies, including armed robbery (720 ILCS 5/18-2), come with 6 to 30 years with no option for probation.
No matter what level of crime you’re facing, the trial process begins the moment charges are filed—and if you’re unprepared, you could face lifelong consequences.
The First Step Is Investigation—and the State Has a Head Start
Long before a courtroom appearance, the investigation phase is already moving. If law enforcement believes a crime occurred, they will start gathering evidence: witness statements, police reports, video footage, phone records, body cam footage, and any forensic material that may apply.
This is the phase when most people make their first big mistake: talking to the police. Without a lawyer present, people often unknowingly incriminate themselves or offer details that the state can twist into damaging admissions. Once an arrest is made, you’ll be booked, fingerprinted, and formally charged. In Illinois, charges are typically filed via complaint or information. In more serious cases, an indictment by a grand jury may be used.
Your arraignment follows, where the charges are formally read, and you plead guilty or not guilty. Bail is often addressed here, and this is where early representation can affect whether you wait in jail or go home.
Even at this early stage, your defense lawyer should be working. We demand discovery, review body cam footage, interview witnesses, and begin preparing for the possibility of trial—even if the end goal is dismissal or a plea agreement.
The Pre-Trial Phase: Where Strong Defense Work Can Change the Game
The period between arraignment and trial is often when the most critical work happens. We file motions to suppress illegally obtained evidence. We question whether police followed constitutional procedures. We look for Fourth Amendment violations, Miranda issues, and chain-of-custody problems. We subpoena officers for pre-trial hearings and build pressure.
If the case involves a DUI, for example, we might challenge the legality of the stop or the accuracy of the breathalyzer device. In drug cases, we look at how and where the drugs were found and who had access to them.
One of our recent successes involved a Class 3 felony for aggravated battery. Our client was accused of assaulting another individual during a dispute outside a Chicago nightclub. But our investigation uncovered surveillance footage contradicting the witness accounts. By the time we reached the final pre-trial conference, the prosecutor agreed to dismiss the charges based on insufficient evidence. This outcome would not have happened without early, aggressive defense work.
More on how we fight these kinds of cases can be found at ChicagoCriminalLawyerBlog.com.
Jury Trial in Illinois: What to Expect and How the Defense Fights Back
If your case does proceed to trial, you need a lawyer who knows what they’re doing in the courtroom. Trials in Illinois begin with jury selection, also called voir dire. The prosecution and defense question jurors for bias. We’ve had jurors dismissed because of pro-law enforcement attitudes, previous trauma, or even social media posts. This matters—one biased juror can swing the entire case.
Next come opening statements, then the prosecution’s case. This includes all their witnesses, evidence, and testimony. We aggressively cross-examine witnesses to challenge their memory, bias, and accuracy. We expose contradictions, inconsistencies, and ulterior motives.
Then it’s our turn to present a defense if we choose to. Sometimes the best move is to rest, particularly if the state’s case is weak. But if needed, we bring in our own witnesses, expert testimony, and evidence.
Finally, both sides make closing arguments, the judge instructs the jury, and they deliberate. Whether a case is won or lost can come down to how effectively your lawyer challenged the prosecution’s story.
We’ve taken hundreds of cases to verdict. Each one requires detailed preparation, a deep understanding of Illinois criminal law, and the ability to respond instantly to the twists of trial.
Why the Right Defense Attorney Can Change the Outcome
No matter how “minor” your charges seem, the consequences of a conviction are serious. A criminal record can block employment, cancel financial aid, ruin immigration status, or prevent you from obtaining housing.
A strong defense attorney doesn’t just show up in court—they start fighting from day one. That includes investigating the case, protecting your rights during police contact, controlling how evidence is presented, and making sure you’re treated fairly at every stage.
At The Law Offices of David L. Freidberg, we don’t wait to prepare for trial. Prosecutors know that if we’re on the case, we’re ready to challenge them every step of the way. This leads to more dismissed charges, better plea offers, and more not guilty verdicts.
Learn more about our approach at ChicagoCriminalLawyer.pro.
Final Thought: You Don’t Need to Be Alone in the Courtroom
The criminal process is confusing and intimidating by design. But you don’t have to face it alone—and you shouldn’t. Even if you’re thinking about pleading guilty, even if it’s your first arrest, even if you think the case is minor—the moment you’re charged is the moment you need to act.
An experienced trial lawyer doesn’t just represent you—they defend your freedom, your record, and your future. And in a system that’s quick to prosecute and slow to forgive, that defense could make all the difference.
Call The Law Offices of David L. Freidberg Today
At The Law Offices of David L. Freidberg, we bring decades of courtroom experience to every case. We fight aggressively to protect your rights, your freedom, and your future.
If you were arrested in Chicago, 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.