What Should I Expect at Trial in Illinois?

Trials in Illinois: What Really Happens in the Courtroom

When criminal charges are filed in Illinois, many people mistakenly believe they’ll quickly “clear it up” or that their side of the story will come out without needing to go to trial. But if the case moves forward, it becomes a formal legal battle that follows a strict procedure governed by Illinois law. Understanding what to expect at trial can help you prepare for what’s ahead—and make better decisions along the way.

In my practice at The Law Offices of David L. Freidberg, I’ve represented clients across Chicago and the surrounding counties in every kind of criminal trial, from retail theft and DUI to felony drug charges and violent crimes. I’ve seen firsthand how courtroom outcomes often depend not just on the facts of the case—but on the skill and strategy used to present them.

Illinois Trial Process: How a Criminal Case Makes It to Court

Your case may have started with a traffic stop, an anonymous tip, a domestic dispute, or a search warrant executed at your home. But once formal charges are filed, you’re pulled into the criminal court process, which includes:

• Initial appearance: You appear before a judge, who sets conditions of release or orders pretrial detention.
• Pretrial conferences: Your attorney and the prosecution discuss potential resolutions, evidentiary issues, and trial readiness.
• Motions: These may include motions to suppress evidence obtained in violation of your rights or to dismiss the case based on legal deficiencies.
• Trial: If no plea deal is reached, your case proceeds to trial. The burden of proof is entirely on the prosecution.

Whether you’re charged in Cook County, DuPage, Lake, or Will County, this structure is consistent across Illinois criminal courts.

What Happens During a Criminal Trial in Illinois?

In an Illinois criminal trial, the state is required to prove each element of the charged offense beyond a reasonable doubt. Here’s how the trial unfolds:

1. Jury Selection
If you’re entitled to a jury, 12 jurors (in felonies) or six (in misdemeanors) will be selected. The process involves vetting for potential bias and ensuring the jurors can fairly weigh the evidence.

2. Opening Statements
Both sides make opening statements. The prosecutor outlines the allegations. The defense may either present a theory of the case or wait until later.

3. State’s Case
The prosecution presents witnesses, evidence, police reports, and possibly forensic data. This may include lab results, surveillance footage, or recorded interviews. Your attorney cross-examines each witness.

4. Defense Case
The defense may call witnesses or present documents, photos, or expert testimony to contradict the state’s evidence. In some cases, we may choose not to call any witnesses—putting the burden entirely on the prosecution.

5. Closing Arguments
The defense and prosecution each summarize their cases. This is where the jury is urged to draw conclusions based on the evidence (or lack thereof).

6. Jury Instructions and Deliberation
The judge reads instructions to the jury explaining the law. Then, the jury deliberates in private. A unanimous verdict is required in Illinois criminal trials.

7. Verdict and Sentencing
If found not guilty, you’re free to go. If convicted, sentencing may happen immediately in a misdemeanor or at a later date for a felony. The judge weighs factors like prior record, seriousness of the offense, and aggravating or mitigating circumstances.

Realistic Trial Scenario: Felony Theft in Lincoln Park

Imagine someone is arrested outside a department store in Lincoln Park. Store security alleges the individual concealed several high-value items and left without paying. The person is charged with Retail Theft over $300, which is a Class 3 felony under 720 ILCS 5/16-25.

At trial, the prosecution presents video footage, a loss prevention officer’s testimony, and the defendant’s post-arrest statement. However, the defense identifies major problems with the chain of custody for the recovered items and questions the accuracy of the timestamp on the video.

Moreover, the defense introduces a witness who was with the defendant during the shopping trip and claims that the items were mistakenly not scanned due to an automated checkout error. The jury returns a verdict of not guilty after finding that the evidence did not meet the threshold for intentional theft.

This scenario illustrates how legal arguments, strategic cross-examination, and witness preparation can change the outcome even in a case that appears strong on paper.

Sentencing and Collateral Consequences in Illinois Criminal Cases

If convicted, you could be facing serious penalties under Illinois sentencing guidelines. These range from community service and probation to long-term incarceration. For example:

• A Class A misdemeanor can result in up to 364 days in jail
• A Class 3 felony may carry 2–5 years in prison
• A Class X felony includes mandatory prison terms of 6–30 years or more

In addition to incarceration, you may face:

• Hefty fines and restitution
• Probation or mandatory drug/alcohol treatment
• Permanent loss of gun rights
• Immigration consequences if you’re not a U.S. citizen
• Public record damage that limits housing and employment options

For violent crimes, sex offenses, and drug trafficking, the consequences can follow you for decades.

What Kind of Evidence Is Used in Illinois Trials?

The prosecution will use any legally obtained material to build its case, including:

• Police body camera footage
• 911 calls and dispatch logs
• Store security footage or street surveillance
• Text messages and call logs
• Forensic tests (DNA, fingerprints, gun residue, etc.)
• Social media posts and comments
• Eyewitness accounts
• Expert testimony (drug chemistry, digital forensics, accident reconstruction)

Your defense attorney must be prepared to challenge this evidence—whether through motions to suppress illegally obtained material or cross-examining witnesses to reveal doubt or inconsistency.

Legal Defenses Used in Illinois Criminal Courtrooms

Some of the most common defenses used in trial include:

• Unlawful Search and Seizure: If the police obtained evidence without a proper warrant or probable cause, it can be excluded.
• Insufficient Evidence: The defense argues the state failed to prove its case.
• Alibi: The defendant was elsewhere at the time of the crime.
• Self-Defense: Permitted under 720 ILCS 5/7-1 if used reasonably to prevent harm.
• Coercion or Duress: The defendant acted under threat.
• Mental State: In some cases, a lack of intent or capacity to form intent may be a valid defense.

In many cases, the defense strategy involves highlighting procedural errors or raising reasonable doubt—forcing the prosecution to prove every detail.

Why Hiring a Criminal Defense Attorney Is Essential

Trying to defend yourself is one of the most dangerous decisions you can make. The state has resources, investigators, and experienced prosecutors. Without a skilled attorney to level the field, you are left at a huge disadvantage.

At The Law Offices of David L. Freidberg, we challenge every piece of evidence, explore every legal avenue, and fight every charge. We understand Chicago’s criminal courts—from how local judges rule to how to get favorable results from plea negotiations or alternative sentencing programs.

FAQs About Criminal Trials in Illinois

Will the prosecutor offer me a deal before trial?
Possibly. Many cases are resolved before trial through plea agreements. But you should never accept a deal without an attorney reviewing it. Some offers may look good but carry hidden consequences like immigration issues or future sentencing enhancements.

How many court appearances will I have before trial?
Typically, there are several pretrial hearings, status calls, and motion dates before a case goes to trial. The timeline depends on whether you’re in custody, the complexity of the case, and the court’s schedule.

Can I request a bench trial instead of a jury?
Yes. In Illinois, you can waive your right to a jury and have your case decided by a judge alone. This is sometimes a strategic move, depending on the case facts and the assigned judge’s history.

What happens if a witness doesn’t show up to court?
The prosecution may request a continuance or try to compel the witness to appear. If they are essential and unavailable long-term, your attorney may file a motion to dismiss for lack of prosecution.

Do I have to say anything in court?
No. Defendants in Illinois criminal trials have the absolute right to remain silent. You are not required to testify, and the jury cannot infer guilt from your silence.

What should I wear to trial?
Dress respectfully, as if attending a job interview. Your appearance in front of the jury can have a psychological effect—even if no one says it aloud. Your attorney can guide you on how to present yourself in court.

Will my trial be public?
Yes, most criminal trials in Illinois are open to the public. However, judges can limit attendance in certain cases involving sensitive issues such as minors or sexual assault.

What if I lose my trial—can I appeal?
Yes. If you’re convicted, your attorney can file an appeal based on legal errors that occurred during the trial. But it’s important to preserve those errors during trial, which is another reason why having an experienced trial lawyer is so crucial.

Why Hire The Law Offices of David L. Freidberg

Don’t make the mistake of thinking your case is too minor or the evidence is too strong to fight. We’ve helped clients across Chicago and surrounding counties beat charges they thought were impossible to overcome. We know the courts, the prosecutors, and what it takes to win—or secure the best possible result.

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 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.