What Should I Expect at Trial in Illinois?

Chicago Criminal Defense Attorney David L. Freidberg

Understanding Criminal Trials in Chicago: The Stakes Are High

Facing a criminal trial in Chicago can be intimidating. Whether you’re accused of a misdemeanor or felony in Cook County, the legal system can be unforgiving without proper representation. From the moment charges are filed, your future is on the line.

I’m attorney David L. Freidberg, and for decades I’ve been defending individuals throughout Chicago and surrounding areas, including DuPage, Lake, and Will Counties. I want you to understand exactly what happens at trial in Illinois—and why hiring a private criminal defense attorney is one of the most important decisions you’ll ever make.

How Criminal Cases Start in Illinois: From Arrest to Courtroom

Every criminal case in Illinois begins with an investigation. Law enforcement agencies in Chicago, such as the Chicago Police Department, initiate the process based on complaints, observations, or tips. If they believe a crime occurred—be it battery, DUI, theft, drug possession, or even homicide—they collect evidence and request charges.

The State’s Attorney then decides whether to file formal charges. For misdemeanors, this may happen through a complaint or citation. For felonies, prosecutors typically file an information or seek an indictment through a grand jury.

Once charged, the defendant is brought before the court for a bond hearing. This is often the first opportunity for an attorney to advocate on your behalf. That’s why having a criminal defense lawyer in Chicago from day one is critical. We can push for release or reduced bail and begin gathering evidence to challenge the prosecution’s case before it builds momentum.

The Trial Itself: What Happens When You Go to Court in Illinois?

If your case proceeds to trial, here’s what you can expect in a criminal courtroom in Chicago or anywhere in Illinois:

First, pretrial motions are heard. These include motions to suppress evidence or dismiss charges. Your defense attorney may argue that police violated your rights during the investigation or arrest. If the judge agrees, key evidence may be thrown out—sometimes ending the case right there.

Next comes jury selection. In Illinois, most felony trials are decided by a 12-person jury. The defense and prosecution each have opportunities to question potential jurors and strike those who might be biased. This is a critical phase. An experienced Chicago defense attorney knows how to spot jurors who may not be fair to the defendant.

Once the trial begins, both sides give opening statements. The prosecution presents its case first, calling witnesses and introducing evidence. Your attorney has the right to cross-examine every witness and challenge every piece of evidence. When the prosecution rests, we present your defense.

If the defense presents evidence, this is your chance to tell your side. Sometimes, it’s better not to present evidence and instead force the prosecution to prove its case beyond a reasonable doubt. That’s a strategic decision your lawyer will make with you.

Closing arguments follow, then jury deliberations. In Illinois, all 12 jurors must agree on guilt. If they don’t, it results in a hung jury. If they do and return a guilty verdict, sentencing follows at a separate hearing—unless waived.

A Fictional Example: West Englewood Burglary Defense

Imagine a man accused of residential burglary in West Englewood. Police say they saw him running from a home that had been broken into. They later found fingerprints and a neighbor claimed he looked like the suspect. He was arrested weeks later and charged with a Class 1 felony under 720 ILCS 5/19-3.

Our firm handled this case by filing a motion to suppress identification, arguing the photo array used was improperly suggestive. We also showed that the fingerprints lifted from the scene were partial and lacked sufficient detail. Additionally, we obtained GPS data from our client’s work-issued phone placing him miles away at the time of the crime.

At trial, our cross-examination revealed that the neighbor only saw the suspect from behind and never got a clear look. The judge excluded the fingerprint evidence based on our motion. After two days, the jury returned a not guilty verdict.

What’s at Stake: Penalties and Permanent Damage

In Illinois, a conviction carries more than just the sentence. A misdemeanor may result in up to 364 days in jail and a fine of $2,500. A felony can mean years—or even decades—of incarceration in the Illinois Department of Corrections. Penalties are determined by the classification:

Class A Misdemeanor: Up to 1 year in jail
Class 4 Felony: 1 to 3 years in prison
Class 3 Felony: 2 to 5 years
Class 2 Felony: 3 to 7 years
Class 1 Felony: 4 to 15 years
Class X Felony: 6 to 30 years or more

But beyond prison, a conviction haunts you long after release. It can prevent you from finding housing, employment, or even keeping custody of your children. Certain offenses—including domestic battery or sex crimes—are not eligible for expungement or sealing. That means your criminal record becomes permanent.

What Police Look For: Building a Case Against You

During the investigation, Chicago police or county investigators will gather any and all evidence to support a charge. This may include:

Surveillance footage
Body-worn camera footage
Witness statements
Cell phone records
Social media messages
Fingerprints or DNA
Items recovered in searches
Confessions or admissions during interrogation

In drug and gun cases, they often rely on confidential informants. In sex crimes, they may use medical exams and victim testimony. Prosecutors typically rely on the arresting officers’ reports—but these are not always accurate or complete.

We independently investigate everything. That includes hiring experts to challenge forensic claims, interviewing witnesses the police ignored, and forcing the state to prove every detail.

Why You Need a Criminal Defense Lawyer at Every Stage

Without an attorney, you’re already at a disadvantage. You don’t get second chances in a criminal trial. Once you’ve waived a right or failed to object, it may be lost forever. Here’s why an attorney is critical at each step:

Investigation: We can intervene early, preserving exculpatory evidence, interviewing favorable witnesses, and possibly stopping charges from being filed.

Pre-Trial: We challenge illegal searches, flawed warrants, or coerced confessions. This is often where cases are won or lost.

Trial: We scrutinize every juror, fight to exclude damaging evidence, and push for acquittals or lesser charges.

Post-Trial: If you’re convicted, we can appeal, file motions for a new trial, or negotiate alternative sentencing.

The earlier you hire a lawyer, the more options you have. And that’s where our experience makes a difference.

Legal Defenses in Illinois Criminal Cases

Every case is unique, but these are some common defenses used in Illinois criminal trials:

Lack of Evidence: The prosecution must prove guilt beyond a reasonable doubt. If they can’t, we argue for acquittal.
Unlawful Search or Arrest: If your rights were violated under the Fourth or Fifth Amendment, evidence may be suppressed.
Mistaken Identity: Witnesses are often wrong. We use alibi evidence and expert testimony to discredit faulty IDs.
Self-Defense: In violent crime cases, self-defense under 720 ILCS 5/7-1 can justify your actions if you were protecting yourself or others.
Entrapment: In sting operations, we argue you were unfairly induced to commit a crime you otherwise wouldn’t have committed.

We also use mental health defenses, motions to dismiss based on procedural violations, and push for reduced charges when appropriate.

Choosing the Right Criminal Defense Lawyer in Chicago

Not all attorneys are equal. You need someone who knows the judges, the prosecutors, and the local procedures in Cook County. Here’s what you should look for:

Experience defending your specific charges
Familiarity with local courthouses
A history of trial success
Willingness to go to trial—not just plead out cases
Accessibility and clear communication

You deserve someone who will fight for you, not push you into a plea because it’s faster. Our office has built a reputation across Chicago as relentless trial attorneys who do the work—and get results.

What to Ask During Your Free Consultation

When you meet with a criminal defense attorney in Chicago, ask:

Have you handled this type of charge before?
How often do you take cases to trial?
What are the likely outcomes in my case?
How do you communicate with clients?
What strategy would you suggest based on my facts?

At The Law Offices of David L. Freidberg, we offer free consultations, and we answer every one of these questions. You’ll speak directly with me—not just staff. We’re available 24/7 because arrests don’t only happen during business hours.

Chicago-Specific Criminal Defense FAQs

What happens if I miss my court date in Cook County?
A bench warrant will be issued for your arrest. This can lead to additional charges and revocation of bond. We work fast to quash warrants and keep you out of custody.

Can I get probation instead of jail time in a felony case?
Yes, depending on the charge and your background. Illinois allows probation for certain Class 3 and 4 felonies. We push for sentencing alternatives whenever possible.

Do I have to testify in my own trial?
No. You have a constitutional right to remain silent. The jury cannot hold that against you. Whether you testify is a strategic decision we’ll make together.

Can my charges be dropped before trial?
Yes. Through pretrial motions or plea negotiations, we often get charges reduced or dismissed before trial. The sooner we start working, the better.

How do judges in Chicago decide sentencing?
Judges consider the severity of the offense, your criminal history, victim impact, and any mitigating or aggravating factors. Your attorney can present evidence that supports a lighter sentence.

Are Chicago jails overcrowded?
Yes. Conditions in Cook County Jail have long been criticized. This can influence plea negotiations and bond conditions. We factor these realities into your defense plan.

What’s the difference between state and federal court?
Most cases in Chicago are tried in state court. But certain crimes—like drug trafficking or wire fraud—may go federal. Federal court has different rules and harsher penalties.

Why You Need The Law Offices of David L. Freidberg

Trying to defend yourself or relying on an overburdened public defender is a costly mistake. One wrong step can change your life forever. You need someone who will aggressively challenge the evidence, know how to fight inside a Chicago courtroom, and never give up on your case.

I’ve spent my career protecting people just like you. From felony trials in Cook County to misdemeanor cases in DuPage or Lake County, I provide personal attention and relentless defense.

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.