What Should I Do If I’m Arrested for a Crime in Chicago?

Arrested in Chicago? Here’s What You Need to Know Immediately

Chicago, with its bustling streets, diverse neighborhoods, and high law enforcement presence, sees thousands of arrests every year. Whether you’re accused of shoplifting in Lincoln Park, aggravated battery in South Shore, or DUI on the Dan Ryan, being arrested in Illinois can change your life in an instant. From misdemeanors like disorderly conduct to felonies such as armed robbery, every criminal charge carries the potential for lasting damage—financial, legal, and personal. If you’re arrested anywhere in Illinois, especially in Chicago or Cook County, you need to act quickly and intelligently.

Illinois divides criminal offenses into misdemeanors and felonies. Misdemeanors are less serious but can still result in jail time, probation, and a permanent record. Felonies carry harsher penalties, including years in prison and long-term consequences for employment, housing, and reputation. Common charges include theft (720 ILCS 5/16-1), DUI (625 ILCS 5/11-501), drug possession (720 ILCS 570/402), assault (720 ILCS 5/12-1), and gun crimes (720 ILCS 5/24-1).

Understanding what happens after an arrest is essential. Your freedom, your criminal record, and even your job could be on the line. The faster you understand the legal process and involve a criminal defense attorney, the better your chances of protecting your future.

Illinois Criminal Charges: Felonies, Misdemeanors, Statutes, and Penalties

Illinois law is governed by the Illinois Compiled Statutes, which outline every criminal offense, from Class C misdemeanors to Class X felonies. Crimes are categorized based on severity and potential punishment.

Misdemeanors in Illinois include:

Class C Misdemeanor (up to 30 days in jail, $1,500 fine)
Class B Misdemeanor (up to 6 months in jail)
Class A Misdemeanor (up to 364 days in jail, $2,500 fine)

Common misdemeanors include:

Battery (720 ILCS 5/12-3)
Disorderly Conduct (720 ILCS 5/26-1)
Retail Theft under $300 (720 ILCS 5/16-25)

Felonies are more serious:

Class 4 Felony (1–3 years prison)
Class 3 Felony (2–5 years)
Class 2 Felony (3–7 years)
Class 1 Felony (4–15 years)
Class X Felony (6–30 years, no probation)

Examples include:

Aggravated Battery (720 ILCS 5/12-3.05)
Residential Burglary (720 ILCS 5/19-3)
Drug Trafficking (720 ILCS 570/401)
Armed Robbery (720 ILCS 5/18-2)

Each case depends on facts, prior criminal history, and the discretion of prosecutors and judges. And every criminal conviction carries more than just statutory penalties—it affects your criminal record, job prospects, and personal freedom.

From Arrest to Arraignment: The Start of a Criminal Case in Illinois

The criminal process in Illinois typically begins with a complaint, an arrest, or a grand jury indictment. In many cases, the police initiate contact based on a traffic stop, a call from a witness, or ongoing investigation. If law enforcement believes probable cause exists, they may make an arrest, or the State’s Attorney may issue a warrant.

Once arrested, the accused is taken into custody, booked, fingerprinted, and processed. Within 48 hours, there must be a bond hearing (725 ILCS 5/109-1). A judge determines whether the defendant can be released and under what conditions. In Chicago and Cook County, the courts often use pretrial services or electronic monitoring.

The formal charge is read at the arraignment. This is when you’ll enter a plea—guilty, not guilty, or no contest. At this point, your defense attorney can begin challenging the evidence, investigating defenses, and negotiating on your behalf.

What Happens If You’re Convicted: Sentences and Collateral Consequences

Conviction of a criminal offense in Illinois results in a range of punishments based on the severity of the offense. For misdemeanors, that could mean probation, conditional discharge, or jail. Felony convictions bring state prison, often followed by mandatory supervised release (parole), along with collateral consequences that continue long after release.

Additional penalties include:

Permanent criminal record
Immigration consequences for non-citizens
Loss of professional licenses
Difficulty finding employment or housing
Loss of firearm rights under 720 ILCS 5/24-1.1
Driver’s license suspension for certain crimes (625 ILCS 5/6-206)

This is why it’s never “just a misdemeanor.” Every case demands a legal defense that protects your future, your rights, and your ability to move forward.

Building Your Defense: Trial Strategy and Case Example

The trial process in Illinois starts with pretrial motions, discovery, and negotiation. If no resolution is reached, the case proceeds to a bench or jury trial. You have a constitutional right to confront witnesses, present evidence, and compel testimony on your behalf.

Let me give you an example. One of our clients in Cook County was charged with felony possession of a controlled substance under 720 ILCS 570/402(c). The drugs were found during a traffic stop, but we identified several constitutional violations. The officer extended the stop without reasonable suspicion and searched the vehicle without consent or probable cause. We filed a motion to suppress under the Fourth Amendment and 725 ILCS 5/114-12, which the judge granted. The case was dismissed before trial.

This shows why a thorough legal defense isn’t just about arguing at trial. It’s about knowing the law, spotting police errors, and challenging the evidence from the start.

What Law Enforcement Tries to Gather and How We Fight It

In criminal investigations, police and prosecutors attempt to collect every piece of evidence that can support their case. This often includes:

Body camera and dash cam footage
Surveillance videos
Witness statements
Defendant’s own admissions
Phone records and text messages
Physical evidence like fingerprints or DNA
Social media activity

What many people don’t realize is that law enforcement can—and will—twist evidence to build a case. That’s why our defense starts early, scrutinizing every piece of evidence, filing discovery motions under Illinois Supreme Court Rule 412, and excluding anything obtained illegally.

Why a Criminal Defense Attorney Matters at Every Step

From the first moment you are questioned or arrested, you have the right to an attorney. What many people do wrong is wait—hoping the case will blow over, talking to police without representation, or showing up at court without counsel.

An experienced criminal defense attorney knows how to:

Protect your constitutional rights during interrogation
Prevent self-incrimination
Challenge unlawful searches and seizures
Negotiate with the State’s Attorney’s Office
Develop factual and legal defenses
Present mitigating factors at sentencing

We’ve handled thousands of cases in Chicago, from preliminary hearings in Cook County to jury trials in Will and DuPage. We know the judges, the prosecutors, and the local procedures.

Legal Defenses That May Apply to Your Case

Every charge comes with potential legal defenses. These include:

Lack of probable cause
Illegal traffic stops or arrests
Fourth Amendment violations
Mistaken identity
Lack of intent
Self-defense or defense of others
Entrapment
Insufficient evidence

But no defense works unless it’s identified early and argued clearly. That’s why you need an attorney from day one—not just before trial, but as soon as the investigation begins.

Choosing the Right Illinois Criminal Defense Lawyer

Not all attorneys are equal. When your freedom is at stake, look for someone who:

Focuses exclusively on criminal law
Has extensive trial experience
Understands local court systems and procedures
Is available 24/7, not just during business hours
Has a track record of dismissed charges and not guilty verdicts
Can clearly explain your rights and options

You deserve a defense attorney who isn’t afraid to go to trial and who takes every case seriously, no matter the charge.

Questions to Ask in Your Free Consultation

Before you hire an attorney, ask:

How many cases like mine have you handled?
What is your success rate with dismissals or reductions?
What are the potential outcomes for my case?
Will you personally handle my case or delegate it?
How do you charge for your services?
How often will we communicate?
Do you have trial experience in the county where I was charged?

The answers to these questions will tell you everything you need to know about whether the attorney is the right one for your defense.

Chicago Criminal Defense FAQs

Can I Be Arrested Without a Warrant in Chicago?
Yes. Under Illinois law, police can arrest you without a warrant if they have probable cause to believe you committed a crime. This applies whether you’re on the street in Rogers Park or pulled over on Lake Shore Drive.

What Is Probable Cause?
Probable cause means a reasonable belief that you committed a crime. It’s a lower standard than proof beyond a reasonable doubt but higher than mere suspicion. We often challenge arrests based on vague or uncorroborated information.

Do I Have to Talk to Police After an Arrest?
No. You have the right to remain silent. Anything you say can be used against you, and police are trained to use your words as evidence. Politely request a lawyer and say nothing more.

Will I Go to Jail Right After My Arrest?
Not necessarily. In most Chicago cases, you’ll be taken to a holding cell and brought before a judge for a bond hearing. We fight hard at that hearing to secure release on recognizance or minimal bail.

Can a Misdemeanor Be Expunged in Illinois?
Some can. If you were acquitted, your case was dismissed, or you completed supervision, you may qualify. Convictions are harder but not impossible under certain reforms.

Will a Conviction Affect My Immigration Status?
Yes. Even some misdemeanors can result in deportation or denial of reentry. If you’re not a U.S. citizen, you must inform your defense lawyer immediately.

How Long Does a Criminal Case Take in Chicago?
It depends on the complexity. Simple misdemeanor cases may resolve in weeks. Felony cases, especially those with forensic evidence or co-defendants, can take months or even a year.

Can I Be Charged Later Even If I Wasn’t Arrested Right Away?
Yes. Illinois has a statute of limitations—typically 18 months for misdemeanors and three years for felonies—but charges can still be filed after the incident if prosecutors gather new evidence.

Why You Should Choose The Law Offices of David L. Freidberg

Being charged with a crime is serious, and thinking you can “handle it yourself” is a mistake. Every stage—from bond court to plea negotiations to trial—requires an advocate who knows what’s at stake and how to win. Don’t trust your freedom to chance or public defenders who may be overburdened.

We bring decades of courtroom experience and a real track record of dismissed charges, not guilty verdicts, and reduced sentences. We fight for you in Chicago, Cook County, DuPage County, Will County, Lake County, and beyond.

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.