Chicago is a city with constant police activity. Whether you are in South Loop, Humboldt Park, Englewood, Uptown, Pilsen, Bronzeville, or Wicker Park, it’s not unusual to see detectives knocking on doors, squad cars conducting traffic stops, or officers canvassing neighborhoods after calls for service. When officers or detectives want to question someone, most people feel pressure to talk. They often believe that cooperating will clear things up quickly, especially if they did nothing wrong. But after decades as a Chicago criminal defense attorney, I can say with certainty that nothing is more dangerous than speaking to police without a lawyer.

In Illinois, criminal investigations begin the moment police suspect that a crime may have occurred. That crime could be as minor as a Class C misdemeanor under the Illinois Criminal Code or as severe as a Class X felony carrying mandatory prison time. Even when officers say they “just have a couple questions,” they are collecting information that can later be used in charges under statutes such as 720 ILCS 5/12 (battery), 720 ILCS 5/19 (burglary), 720 ILCS 5/16 (theft), 720 ILCS 5/9 (homicide), 720 ILCS 5/11 (sexual offenses) and numerous other felony and misdemeanor provisions.

Chicago police know how to question people in ways that sound friendly but are designed to extract statements. They may call you on the phone, show up at your workplace, approach you during a traffic stop, or ask you to “come down to the station” voluntarily. They may imply that refusing to talk will “make things worse” or that “only guilty people ask for lawyers.” None of that is true. Illinois residents have clear constitutional rights under the Fifth Amendment, Sixth Amendment, and Illinois Constitution Article I, Section 10, which give you the right to remain silent and the right to counsel.

But those rights only protect you if you assert them clearly. When people try to “explain their side,” they often unintentionally provide information officers later twist or reinterpret. Even small contradictions create problems. Police do not need to prove intent when using your statements—they only need to show what you said.

You could become a suspect without realizing it. You could give information they use to charge someone else and then treat you as an accomplice. You could think you are helping, only to find yourself facing a misdemeanor or felony arrest. As someone who has represented clients across Cook County, DuPage County, Will County, and Lake County, I have seen too many situations where innocent people were charged because they talked without a lawyer.

Chicago detectives are trained interviewers. Their job is not to clear you. Their job is to make a case. Knowing what to do before, during, and after police questioning can make the difference between walking away free and facing a criminal record. My role as a Chicago defense lawyer is to make sure you understand your rights, protect your freedom, and prevent officers from using your words against you.

Understanding the Criminal Case Process in Illinois and How Police Questioning Fits Into It

Understanding how an Illinois criminal case unfolds is essential to understanding why the police want to question you and what they hope to gain. A criminal case in Chicago typically begins with a call to 911, a complaint from a witness, surveillance footage triggering suspicion, or officers responding to a reported offense. Once police believe a crime may have occurred, they immediately begin gathering evidence. Questioning is often the first major step in their investigative process.

Illinois law allows police to question anyone. They do not need probable cause or reasonable suspicion to ask questions. But they only need reasonable suspicion to stop you, and they need probable cause to arrest you. What many people don’t know is how quickly police try to shift a simple conversation into a structured interrogation. They start with friendly talk, then gradually escalate to questions they later present as admissions.

Police use questioning to:
• Fill in gaps in their investigation.
• Pin down your timeline.
• See whether your details match or conflict with their assumptions.
• Catch small inconsistencies they can later describe as “lies.”
• Get you to admit being present at a location.
• Get you to admit knowing certain people.
• Get you to mention objects, vehicles, or areas connected to the crime.

This is why police questioning is dangerous. You may think you are providing harmless background. But the state can later argue that your statement shows motive, opportunity, or involvement.

Once police gather statements and evidence, they present the case to the Cook County State’s Attorney, who decides whether to file charges. If charges are approved, the case moves into the court system through a complaint or indictment. The accused is then arrested or given notice to appear in court.

Once charges are filed, the defense process begins. That includes:
Arraignment
Discovery
Motions
Hearings
Trial

Statements given during questioning almost always appear in discovery—either in written reports or recorded interviews. A single mistaken phrase can become the centerpiece of the prosecutor’s entire case. Even innocent explanations can sound incriminating when repeated by officers at trial.

This is why asserting your rights early is critical. A defense attorney can protect you before charges are filed. In many cases, an attorney’s involvement prevents charges entirely. Once you have a lawyer, police cannot question you without going through counsel. That alone shields you from the most common trap in Illinois criminal cases.

How Police Gather Evidence During Questioning and Why Innocent People Get Charged

Police questioning is never random. Chicago officers and detectives investigate intentionally. They gather evidence through surveillance footage, witness interviews, crime scene photos, bodycam footage, physical evidence testing, social media posts, phone records, and forensic reports. But some of the most damaging evidence in criminal cases comes from the defendant’s own statements.

Police know that statements can be interpreted in many ways. If you hesitate, they may say you appear nervous. If you don’t remember something, they may say you are being deceptive. If you try to be friendly, they may say you admitted involvement. Police may question you before reading Miranda rights because Miranda only applies when you are in custody. Many people give statements believing they are not suspects, when in reality, detectives are building a case against them.

Evidence police try to collect during questioning includes:
• Admissions
• Inconsistencies
• Timelines
• Connections to people involved
• Motive indicators
• Statements about where you were
• Statements about what you were doing
• Details they didn’t previously know (used to imply insider knowledge)

Even if you tell the truth, your statement can be misquoted, misunderstood, or taken out of context. Police are not required to record everything you say. They summarize your words later. Defense attorneys see this constantly: the written police reports often do not match what the client actually said.

Chicago detectives also use psychological pressure. They may say that witnesses saw you or that someone else “already told them everything.” They may pretend they have evidence they don’t have. These tactics are legal. Their goal is simple: get you talking.

You cannot talk your way out of a criminal investigation—but many people talk themselves into one.

As a Chicago criminal defense lawyer, my first job is to stop the questioning immediately. Once I tell police that my client will not speak, the interrogation ends. This intervention often prevents charges and protects clients from becoming suspects in cases where they had no involvement.

Example of a Chicago Case: Why Staying Silent Protected the Client

Consider a fictional but realistic example. A resident in Lakeview hears a knock on the door. Two Chicago detectives ask if they can “ask a few questions” about an incident that happened nearby. A car was broken into a few blocks away. The detectives say they are interviewing several neighbors.

The resident knows nothing about the incident but agrees to talk. The detectives ask whether he was outside that night. He says he walked his dog. They ask what time. He is not sure. He guesses a time that is off by two hours. They ask whether he saw a particular individual. He says he didn’t. They ask whether he owns a pair of gloves. He does.

Later, detectives decide the timeline sounds “inconsistent.” They claim his statement about the dog walk “matches” the timeframe of the break-in. They note he owns gloves, and the suspect wore gloves. They list him as a “person of interest.”

He calls my office. I immediately instruct detectives that he will not answer further questions. We present documentation verifying his location during the incident, and we challenge the accuracy of the detectives’ notes. Within days, he is cleared.

Had he continued talking, he likely would have been charged.

This example shows why silence is the most powerful protection anyone has in Chicago’s criminal system.

Potential Defenses When Police Questioning Leads to Charges

If questioning has already occurred and charges were filed, defenses still exist. These may include:
Stopping the use of un-Mirandized statements.
Challenging the voluntariness of statements.
Showing coercive interview tactics.
Showing inaccuracies in police reports.
Showing contradictions between video and written summaries.
Proving police questioned you after you requested a lawyer.
Showing police questioning violated constitutional rights.

The defense strategy always depends on how questioning occurred. In many cases, we can suppress statements entirely, preventing the prosecution from using them at trial.

Qualities to Look for in a Chicago Criminal Defense Attorney

You need an attorney with courtroom strength, negotiation ability, and a deep understanding of Illinois law. You should feel informed, protected, and respected. A strong defense attorney answers questions clearly, investigates aggressively, and has real experience in Chicago courtrooms such as 26th & California, the Daley Center, Skokie, Bridgeview, and Maywood.

Questions to Ask During a Free Consultation

Ask how the lawyer handles pre-charge investigations, how they intervene in police questioning, whether they have defended cases involving statements to police, what defenses may apply, what the process looks like, and whether the attorney personally handles the case.

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.