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Can a Criminal Defense Attorney Stop Criminal Charges From Being Filed Against Me?
Chicago, Illinois Criminal Defense Law Firm – The Law Offices of David L. Freidberg
Facing Criminal Allegations in Chicago: Can an Attorney Intervene Before Charges Are Filed?
Chicago is a city with a reputation as vibrant as it is complex. With millions of residents and one of the busiest court systems in the country, Cook County prosecutors handle thousands of criminal cases every year. Whether it’s a fight that spiraled out of control, a misunderstanding with a neighbor, or a police investigation involving drugs or weapons, an allegation doesn’t always result in formal charges. And that’s where an experienced criminal defense attorney can step in.
Most people think criminal charges begin at the moment of arrest. In reality, the process starts much earlier—during the investigation. And it’s in this crucial early window that a defense attorney can intervene, gather facts, present evidence, and sometimes prevent prosecutors from filing charges at all. In Chicago and throughout Illinois, criminal defense lawyers play a critical role during the pre-charge phase.
Crimes in Illinois: Misdemeanors, Felonies, and Prosecutorial Discretion
Illinois law recognizes a wide range of criminal offenses, categorized primarily as misdemeanors or felonies. Misdemeanors like theft under $500, simple battery, or possession of a small amount of cannabis (under 10 grams) carry up to a year in jail. Felonies, including aggravated battery, burglary, and drug trafficking, can result in years—or even decades—of prison time.
The classification of a crime depends on several factors: the statute violated, the amount of harm or loss, prior convictions, and whether weapons or minors were involved. For example:
- Retail theft under $300 is generally a Class A misdemeanor under 720 ILCS 5/16-25, while theft over that amount can be charged as a Class 3 felony.
- Possession of less than 15 grams of cocaine under 720 ILCS 570/402(c) is a Class 4 felony.
- Aggravated battery under 720 ILCS 5/12-3.05 may be charged as a Class 3 or 2 felony depending on the victim and injuries.
The decision to file charges, and what charges to file, falls to the prosecutor. And prosecutors rely heavily on the information gathered by police. This is why pre-charge legal representation matters. A defense attorney can present context, facts, or legal arguments to persuade the prosecutor not to file, or to file lesser charges.
How Criminal Cases Begin in Illinois
Criminal cases in Illinois typically begin with a complaint to law enforcement. This could be from an alleged victim, a witness, or an officer’s own observations. Once a report is made, the police investigate. They may collect statements, review surveillance footage, or secure search warrants. If the investigation supports probable cause, an arrest may be made, or a warrant may be issued.
But many investigations stall or remain open without charges. This is the window of opportunity. If you hire a lawyer early—before charges are filed—your lawyer can:
- Contact the police or detective involved
- Provide evidence that contradicts the allegation
- Arrange for you to turn yourself in without arrest
- Negotiate with the prosecutor during screening
The earlier your attorney is involved, the greater the chance they can influence how the case is handled—or prevent it from becoming a case at all.
The Role of the Defense Attorney in the Pre-Charge Stage
When you retain a criminal defense lawyer before charges are filed, the goal is to limit the damage before it begins. A skilled attorney can identify weaknesses in the investigation, present mitigating evidence, or negotiate informal resolutions. In cases where false allegations are made, an attorney can present surveillance footage, text messages, or witness affidavits that contradict the accuser’s story.
In cases involving serious charges, such as felony theft, sexual assault, or weapons offenses, early intervention might mean the difference between a felony arrest and a non-criminal resolution.
Defense attorneys can also protect you from making incriminating statements. If law enforcement reaches out for questioning, your attorney can assert your rights and prevent you from inadvertently harming your case.
If your case has already progressed beyond investigation into an arrest or indictment, the defense role shifts toward building your case for trial or negotiation—but early representation still puts you in a far better position.
The Criminal Trial Process in Illinois
If charges are filed, the process moves quickly. First is the bond hearing. In Cook County, this occurs at the Leighton Criminal Courthouse or at suburban district courts. A judge determines whether you should be held in custody, released on recognizance, or released under certain conditions like electronic monitoring.
Next is arraignment, where formal charges are presented. Then comes discovery, where the state turns over police reports, lab results, bodycam footage, and other evidence. The defense can file motions to suppress evidence, challenge witness credibility, or dismiss charges for lack of probable cause.
If the case proceeds to trial, the burden is on the prosecution to prove each element beyond a reasonable doubt. A skilled attorney challenges every assumption, every piece of evidence, and every procedural misstep.
The Types of Evidence Prosecutors Rely On
In building their case, prosecutors rely on various forms of evidence. These include:
- Police officer testimony
- Surveillance footage
- DNA or forensic evidence
- Lab results (for drug or toxicology cases)
- Recorded statements or confessions
- Eyewitness identifications
- Text messages, emails, or social media posts
But no piece of evidence is immune from challenge. Witnesses lie. Video is blurry. Lab results are mishandled. In many cases, evidence obtained through an illegal search or improper questioning can be thrown out entirely. Your attorney’s job is to analyze and attack every piece of the state’s case.
Why Having an Attorney Early Changes Everything
Hiring a lawyer before charges are filed doesn’t just help—it can change the entire direction of your case. If law enforcement hasn’t yet decided to arrest, your attorney may be able to keep that from happening. If charges are inevitable, your lawyer can prepare for court, negotiate a better bond, or get ahead of the evidence.
If you wait until charges are filed, the prosecutor has already built a version of the case—and your defense becomes reactive. But if your attorney is involved early, they can frame the narrative from your side.
Even after an arrest, a good defense attorney ensures your rights are protected at every step. They explain your options, prepare you for court, and pursue every possible outcome to avoid a conviction.
Common Legal Defenses to Criminal Charges
The right defense depends on the charge, the facts, and the evidence. But some defenses come up again and again in Chicago criminal cases:
- Lack of Probable Cause: If police made an arrest without proper cause, any evidence obtained as a result may be suppressed.
- Unlawful Search or Seizure: Violations of your Fourth Amendment rights can lead to dismissal.
- Mistaken Identity: In cases of assault, theft, or robbery, witness misidentification is common and challengeable.
- Lack of Intent: For many crimes, prosecutors must prove intent. If the act was accidental or unknowing, charges may not apply.
- False Allegations: In domestic violence and sex crime cases, false claims can be exposed through texts, timelines, and contradictions.
Your attorney’s role is to identify the right defense for your case and begin applying it from day one.
Choosing the Right Criminal Defense Attorney in Chicago
You’re not just choosing someone to speak for you in court. You’re choosing someone to protect your future. Look for a lawyer who has handled serious cases, who knows how Cook County courts operate, and who communicates clearly and confidently.
Ask these questions in your consultation:
- How many cases like mine have you handled in Cook County?
- What are my options if charges haven’t been filed yet?
- Do you personally handle court appearances or assign them to someone else?
- Will you keep me informed and involved throughout the process?
A good attorney won’t promise results—but they will promise to fight like it’s their own future on the line.
Chicago Criminal Defense FAQs – Pre-Charge and Early Intervention (750 words)
Can a lawyer really stop charges before they’re filed?
Yes, in some cases. If a defense attorney intervenes during the investigation, they can present evidence or legal arguments to convince the prosecutor not to file charges. This is more common in cases with conflicting facts, weak evidence, or cases that involve first-time offenses.
What should I do if I think I’m being investigated?
Call a criminal defense attorney immediately. Do not speak to the police without legal representation. Even if you believe you did nothing wrong, anything you say could be misinterpreted and used against you. An attorney can communicate with law enforcement on your behalf and protect your rights from the start.
If the police haven’t arrested me, should I still hire a lawyer?
Absolutely. Just because charges haven’t been filed doesn’t mean they won’t be. Early legal counsel may prevent the case from escalating—or prepare a strong defense if charges are filed later.
Can I be charged without being arrested?
Yes. In Illinois, prosecutors can file charges and issue a summons to appear in court, or they may obtain a warrant. You might not know charges are pending until you receive notice in the mail or are stopped by police. That’s why early legal involvement is critical.
Does having a lawyer make me look guilty?
Not at all. Hiring a lawyer is a sign that you understand the seriousness of your situation. Prosecutors respect defendants who have legal representation—and judges are often more receptive to well-prepared cases.
What if I already made a statement to police?
You should still contact a defense attorney immediately. Your lawyer can review your statement and determine whether it can be challenged or excluded from evidence.
Can a lawyer get my charges reduced after they’re filed?
Yes. Even if the prosecutor files charges, a skilled defense lawyer may negotiate a reduction, diversion, or alternative sentence. This could include probation, deferred prosecution, or treatment-based programs depending on the nature of the charge.
Why You Should Call The Law Offices of David L. Freidberg
When you’re being investigated or facing potential criminal charges, waiting is the worst thing you can do. The sooner we get involved, the more options we have to protect your future. Whether it’s a theft accusation, a domestic battery complaint, or a serious felony investigation, our firm is ready to defend your rights and stop charges from becoming convictions.
We offer free consultations 24 hours a day, seven days a week. With decades of experience and a track record of results, The Law Offices of David L. Freidberg is the call to make when everything is on the line.
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.