If I Beat a Criminal Offense, Will I Still Be Deported in Illinois?

Understanding How Chicago Criminal Charges Can Still Trigger Immigration Consequences

I’ve spent decades defending clients in Chicago’s criminal courts who never expected that a run-in with law enforcement could threaten their entire future in the United States. Many people assume that if they win their case or the prosecutor drops the charges, immigration authorities will simply forget about the incident. Unfortunately, that isn’t always true. In Illinois, and particularly in Cook County, a criminal arrest—even without a conviction—can still create serious immigration issues.

As a Chicago criminal defense lawyer, I’ve represented clients across neighborhoods like Little Village, Rogers Park, and Back of the Yards who faced misdemeanor or felony charges while holding lawful permanent resident status or temporary visas. From retail theft and domestic battery to aggravated DUI, every criminal case has its own ripple effects under both Illinois law and federal immigration law. The intersection between state criminal justice and immigration enforcement is complex—and failing to understand that relationship can lead to detention or removal even after a courtroom victory.

Under Illinois law, criminal offenses are classified as either misdemeanors or felonies. Misdemeanors, defined under 720 ILCS 5/2-11, are generally punishable by up to one year in jail, while felonies—defined under 720 ILCS 5/2-7—carry potential state prison sentences. But for non-citizens, it’s not only the sentence that matters. Immigration law considers whether an offense is a “crime involving moral turpitude,” an “aggravated felony,” or a “controlled substance offense.” Even dismissals can raise red flags if fingerprints or arrest records remain in federal databases.

How Illinois Criminal Cases Begin and Why Deportation May Still Be Possible

In Chicago, criminal investigations often start with a police stop, a warrant, or a complaint. Law enforcement may collect evidence, conduct interviews, and present the case to the Cook County State’s Attorney’s Office. If prosecutors file charges, the defendant is arrested and booked. From there, the process moves through bond hearings, arraignment, pretrial motions, and—if unresolved—trial. Each phase creates a paper trail that can later be reviewed by U.S. Immigration and Customs Enforcement (ICE).

Even if I win a case—say the jury returns a not guilty verdict, or the State dismisses the case before trial—the arrest itself remains part of the public record. Immigration officials can access this information through the FBI database or local jail fingerprints transmitted to ICE. That’s why I frequently work with immigration counsel to minimize collateral consequences at every stage. For example, if evidence was suppressed due to a Fourth Amendment violation, I make sure the dismissal order clearly states that the case was terminated “in favor of the defendant” to strengthen future immigration filings.

The Arrest and Evidence Collection Process in Chicago Criminal Cases

When Chicago police suspect criminal activity, they collect evidence ranging from body-camera footage and surveillance videos to physical items and witness statements. Officers might request DNA swabs, phone records, or digital data from devices seized during an arrest. In DUI cases, chemical test results—blood, breath, or urine—become central pieces of evidence. In theft or assault cases, they rely heavily on witness identification, which can be notoriously unreliable.

During the arrest process, defendants are fingerprinted and photographed, and their information is uploaded to both state and federal databases. This step alone can create complications for non-citizens. ICE routinely cross-references fingerprints taken in Cook County Jail against immigration records. Even if charges are later dismissed, that initial contact can trigger a “Notice to Appear” in immigration court.

As your criminal defense attorney in Chicago, I take a proactive approach by examining how police gathered their evidence and whether it was lawfully obtained. An illegal search or seizure, a faulty warrant, or an unconstitutional interrogation may provide grounds for dismissal—and potentially prevent that case from causing immigration issues down the road.

Penalties, Collateral Consequences, and Immigration Exposure in Illinois

Under Illinois law, penalties vary depending on the classification of the crime:

Class A misdemeanors (such as domestic battery or DUI without injury) carry up to one year in jail and fines up to $2,500.
Class 4 felonies (such as certain thefts or drug possession) can mean one to three years in prison.
Class X felonies, the most serious category, include offenses like armed robbery or aggravated sexual assault, punishable by six to thirty years in prison.

For citizens, a conviction means fines, probation, or incarceration. For non-citizens, however, the consequences extend further. Under federal law, particularly 8 U.S.C. §1227, even a single conviction for certain offenses can make a lawful permanent resident deportable. Crimes such as drug trafficking, firearm offenses, domestic violence, or aggravated felonies often trigger removal proceedings.

Yet deportation can occur even without a conviction if the Department of Homeland Security believes there is “reason to believe” the individual engaged in criminal activity. That’s why dismissal or acquittal does not automatically guarantee protection. Immigration judges consider the totality of the record—including police reports, plea negotiations, and even deferred prosecution agreements.

The Criminal Trial Defense Process in Illinois Courts

In Cook County criminal courts, every case follows a structured process. After arrest and arraignment, discovery begins—where the defense and prosecution exchange evidence. I often file motions to suppress unlawfully obtained evidence or motions to dismiss based on procedural errors. During this stage, building a solid defense narrative is crucial, especially when immigration status is at stake.

If the case goes to trial, I present evidence, cross-examine witnesses, and challenge the prosecution’s narrative before a judge or jury. When clients are not U.S. citizens, I also coordinate with immigration counsel to ensure that any plea or trial outcome considers long-term residency and citizenship goals. Winning at trial protects the client from conviction, but I also take steps to expunge or seal the record under 20 ILCS 2630/5.2, so it does not resurface during an immigration background check.

Realistic Example: A Criminal Case in Pilsen

Consider a client arrested in Chicago’s Pilsen neighborhood for felony possession of a controlled substance after police searched his car during a traffic stop. The client was a lawful permanent resident with two young children. The search was conducted without a warrant, based solely on “odor of cannabis,” even though cannabis possession had been decriminalized for small amounts.

We filed a motion to suppress, arguing that the stop and search violated the Fourth Amendment and Illinois Constitution Article I, Section 6. The judge granted our motion, and the case was dismissed. Although my client avoided conviction, ICE still placed a hold based on the arrest record. Working alongside immigration counsel, we secured documentation showing that the dismissal was based on lack of probable cause, not a plea deal. This became critical evidence during removal proceedings, ultimately preventing deportation.

Why You Need a Chicago Criminal Defense Attorney at Every Step

The biggest mistake defendants make is assuming they can handle a criminal case without experienced legal representation. From the moment of arrest, every decision—what you say, what documents you sign, whether to take a plea—can affect both your criminal record and immigration future. Prosecutors are not required to consider immigration status when offering plea deals. A single careless plea could turn a non-deportable offense into a deportable one.

As your Chicago criminal defense lawyer, I protect your rights from interrogation through trial. I ensure that prosecutors cannot use unconstitutional evidence, that the court record reflects your innocence, and that your case strategy accounts for both criminal and immigration outcomes. I also work to have records expunged whenever possible to minimize the long-term damage to employment, housing, and visa renewals.

Legal Defenses Against Criminal Charges That May Trigger Deportation

Effective defenses depend on the facts, but common strategies include:

Challenging illegal searches or seizures
Questioning identification or witness credibility
Arguing lack of intent or knowledge
Demonstrating coercion, duress, or entrapment
Negotiating alternative dispositions that avoid formal convictions

For example, 710 ILCS 5/10 allows certain first-time drug offenders to complete probation instead of entering a conviction, known as “Section 410 probation.” When structured carefully, this can help protect immigration status by avoiding a formal judgment of guilt.

What to Look for in a Chicago Criminal Defense Lawyer

Choosing the right attorney can determine not only your case outcome but your ability to remain in the country. You should look for a lawyer with extensive courtroom experience in Cook County, familiarity with Illinois criminal statutes, and awareness of how local judges and prosecutors handle plea agreements. Your attorney should also understand how immigration law intersects with criminal law—what’s often called “crimmigration.”

At The Law Offices of David L. Freidberg, I bring decades of trial experience in both state and federal courts across Chicago and surrounding counties. I’ve represented clients facing everything from DUI and domestic battery to weapons charges and homicide. My focus is always on protecting both your freedom and your future.

Questions to Ask During Your Free Consultation

When meeting a potential defense lawyer, ask how often they handle cases like yours in Chicago criminal courts. Ask whether they have experience coordinating with immigration attorneys. Find out how they communicate with clients, what their case strategy might involve, and how they handle plea negotiations versus trial preparation. The answers will tell you whether they’re prepared to protect every aspect of your case.

Why Defendants Facing Criminal Allegations in Illinois Need a Lawyer

Criminal proceedings in Illinois are unforgiving. Once a case begins, prosecutors move quickly, and immigration consequences can follow even before the criminal case ends. Without a seasoned defense lawyer, you risk making statements or entering pleas that later appear damaging in immigration court. A conviction—or even a careless court record—can affect green card renewals, work authorization, or asylum claims.

Hiring an experienced attorney ensures that every defense motion, every filing, and every negotiation is crafted with precision. I’ve seen too many people assume that “not guilty” equals “safe from deportation.” The truth is far more complicated, and only a skilled Chicago defense attorney can shield you from both systems.

Frequently Asked Questions About Illinois Criminal Charges and Deportation

Can ICE detain me even if my criminal charges were dismissed?
Yes. ICE may still place a hold or initiate removal proceedings based on arrest records, even without a conviction. That’s why it’s vital to work with both a criminal and immigration attorney to document the reason for dismissal.

What types of Illinois crimes are considered deportable offenses?
Under federal law, offenses involving drugs, firearms, domestic violence, or “crimes of moral turpitude” can lead to deportation. Even misdemeanors like theft or simple battery may qualify depending on the facts and the sentence imposed.

Can I expunge my record after beating a criminal case in Illinois?
Yes, under 20 ILCS 2630/5.2, you may be eligible to expunge or seal your record if your case ended in dismissal, acquittal, or certain types of probation. This step is critical for immigration safety.

Does a plea deal count as a conviction under immigration law?
Yes. Even if you avoid jail time, a plea of guilty or no contest that results in any punishment or restraint—such as probation—is generally considered a conviction under 8 U.S.C. §1101(a)(48).

How can a criminal defense attorney protect my immigration status?
By identifying deportation-triggering offenses early, negotiating alternative resolutions, and ensuring that dismissals or pleas are worded properly to avoid immigration triggers.

What should I do immediately after being arrested in Chicago?
Exercise your right to remain silent and request an attorney. Do not discuss your immigration status or sign any documents without legal counsel.

Are there programs in Cook County that reduce immigration risk for defendants?
Yes, certain diversion programs and deferred prosecution agreements may help. However, they must be structured carefully to avoid language implying guilt or conviction.

Can I travel outside the U.S. while my criminal case is pending?
Generally, no. Leaving the country during a pending case can lead to denial of re-entry. Always consult your defense lawyer before traveling internationally.

Call The Law Offices of David L. Freidberg Today

If you’ve been arrested or charged with a crime in Chicago and you’re concerned about deportation—even if you believe you can beat the case—call me immediately. I provide strategic defense representation throughout Cook County, DuPage County, Will County, and Lake County, ensuring every client’s criminal defense protects their immigration future as well.

When You Need a Fighter, Call Us!

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