Berwyn Criminal Defense Lawyer

Criminal Defense Attorney in Berwyn, Chicago, Illinois

Berwyn, a diverse and vibrant suburb of Chicago, is known for its historic homes and close-knit community. While Berwyn maintains a strong sense of safety, it is not immune to the complexities of the legal system. Criminal charges in Berwyn can have life-altering consequences, and navigating the criminal justice system without the right defense can be overwhelming. The Law Offices of David L. Freidberg, located near Berwyn, has decades of experience defending individuals accused of various crimes throughout Cook County.

Understanding Illinois Criminal Law

Illinois has a comprehensive set of laws governing criminal offenses, found within the Illinois Compiled Statutes (ILCS). These statutes define offenses ranging from misdemeanors to felonies, with penalties that vary based on the severity of the crime and any prior criminal history. Crimes such as assault & battery, drug crimes, domestic violence, DUI/drunk driving, expungements & sealing, federal crimes, murder, probation violations, prostitution, sex crimes, theft, violent crimes, weapons charges, and white-collar crimes are all handled under the framework of Illinois criminal law.

For instance, assault & battery is addressed under 720 ILCS 5/12-3, which can be charged as a misdemeanor or a felony, depending on the circumstances. Simple assault is a Class C misdemeanor, carrying penalties of up to 30 days in jail and fines up to $1,500. However, aggravated battery, which involves the use of a deadly weapon or serious bodily harm, is a Class 3 felony with significantly harsher penalties.

Drug crimes in Illinois are covered by 720 ILCS 570, the Illinois Controlled Substances Act. Charges can range from simple possession (a misdemeanor) to more serious offenses like drug trafficking (a felony). A possession charge involving a small amount of marijuana may result in a fine or probation, while possessing or trafficking harder drugs such as cocaine or heroin can lead to prison time.

Criminal offenses like domestic violence are handled seriously in Illinois, with laws under 720 ILCS 5/12-3.2. Domestic battery is often charged as a Class A misdemeanor, but repeat offenses or cases involving children or severe harm can elevate the charge to a Class 4 felony.

DUI / drunk driving is another common charge in Berwyn. Governed by 625 ILCS 5/11-501, the legal consequences for a DUI can range from license suspensions to jail time, especially if the DUI results in injury or if the offender has prior convictions. DUI is often charged as a Class A misdemeanor, but it can rise to a felony if aggravating factors exist, such as driving with a minor in the car or causing an accident.

Other crimes like prostitution, under 720 ILCS 5/11-14, and weapons charges, under 720 ILCS 5/24, carry their own distinct penalties, with the severity depending on whether it’s a first-time offense or a repeat offense, and whether the crime was committed in conjunction with other offenses.

How Criminal Cases Begin in Berwyn, Illinois

Criminal cases in Berwyn often begin with a police investigation or an arrest. Whether law enforcement is responding to a call, patrolling the streets, or conducting a long-term investigation, criminal cases start when someone is suspected of breaking the law. Officers collect evidence, interview witnesses, and arrest the individual if they have probable cause.

Once arrested, the accused is taken into custody and processed. From there, the case proceeds to arraignment, where formal charges are read, and the defendant enters a plea of guilty or not guilty. If a plea of not guilty is entered, the case moves into the pretrial phase, where the defense and prosecution exchange evidence (discovery) and file motions. The criminal case may proceed to trial if no plea deal is reached.

The severity of the charge determines how the case is handled. Misdemeanor offenses are usually resolved in local courts with lesser penalties such as fines, probation, or short jail sentences. Felony cases, on the other hand, are more serious and are heard in higher courts. These can lead to prison time, hefty fines, and long-term consequences.

Penalties for Criminal Convictions in Illinois

Penalties for criminal convictions in Illinois vary widely depending on the offense, but they generally fall into two categories: misdemeanors and felonies. Misdemeanors are considered less serious crimes, punishable by fines, probation, or up to one year in county jail. They are divided into three classes:

• Class A misdemeanors, which carry the most severe penalties for misdemeanors, such as up to one year in jailand fines up to $2,500.
• Class B misdemeanors, with penalties of up to six months in jail and fines up to $1,500.
• Class C misdemeanors, which are the least serious, carrying up to 30 days in jail and fines up to $1,500.

Felonies, on the other hand, are serious crimes that come with harsher penalties, including extended prison sentences. Illinois felonies are classified as follows:

• Class X felonies, which carry sentences of 6 to 30 years in prison with no possibility of probation.
• Class 1 felonies, punishable by 4 to 15 years in prison.
• Class 2 felonies, punishable by 3 to 7 years in prison.
• Class 3 felonies, with 2 to 5 years in prison.
• Class 4 felonies, the least severe, carrying 1 to 3 years in prison.

Convictions can also lead to lifelong consequences, including a permanent criminal record, loss of professional licenses, diminished job prospects, and the inability to obtain housing or loans.

The Criminal Trial Defense Process in Illinois

If a criminal case proceeds to trial, the trial defense process in Illinois involves several key steps. After arraignment and the discovery process, both sides prepare their case. Your Chicago criminal defense attorney will work to identify weaknesses in the prosecution’s case, such as inconsistencies in witness statements or improperly obtained evidence.

During the trial, the prosecution presents its evidence first, which may include witness testimony, physical evidence, and expert witnesses. Your attorney will cross-examine witnesses and challenge the evidence, working to create doubt in the minds of the jury. The burden of proof rests entirely on the prosecution, and they must prove guilt beyond a reasonable doubt.

If the jury finds the defendant not guilty, they are acquitted, and the case is dismissed. However, if the defendant is found guilty, the case moves to the sentencing phase, where the judge determines the appropriate punishment based on statutory guidelines and any mitigating or aggravating circumstances.

Evidence in Criminal Cases

Evidence collection is a crucial aspect of any criminal case. Law enforcement officers typically gather physical evidence, forensic evidence, and digital evidence, depending on the crime. This could include anything from DNA samples to electronic communications like emails and text messages. In addition to physical evidence, eyewitness testimony is often a key part of the prosecution’s case. However, witness statements can be unreliable and are often challenged by the defense.

Video footage from surveillance cameras, dashcams, and body-worn cameras has also become increasingly important in criminal cases. For instance, in DUI cases, dashcam footage may capture the traffic stop, field sobriety tests, and the suspect’s behavior during the arrest.

Benefits of Having a Criminal Defense Attorney

Having an experienced criminal defense attorney offers numerous advantages throughout the legal process. Your attorney is your advocate, working to protect your rights and ensure that the prosecution is held to the highest standard. A skilled attorney can challenge improperly obtained evidence, negotiate favorable plea deals, and fight for reduced sentences.

Without legal representation, defendants may feel overwhelmed by the complexity of the legal system and the aggressive tactics of prosecutors. An attorney understands the rules of evidence, courtroom procedure, and the nuances of Illinois law, ensuring that your case is handled with the utmost care.

Potential Legal Defenses in Criminal Cases

Legal defenses vary depending on the type of crime, but common defenses in criminal cases include:

• Lack of intent: Many crimes require the prosecution to prove intent. If the defense can show that the defendant did not intend to commit the crime, they may be acquitted.
• Alibi: If the defendant was elsewhere at the time of the crime, they could not have committed it. Witnesses or evidence like receipts and surveillance footage can support this defense.
• Entrapment: This defense argues that law enforcement induced the defendant to commit a crime they would not have otherwise committed.
• Self-defense: In cases involving violent crimes, the defendant may argue that they acted in self-defense or defense of others.

Why You Need an Attorney for Each Step of the Criminal Process

At every stage of a criminal case, from investigation through trial and sentencing, the stakes are high. A criminal defense attorney ensures that your rights are respected and that you receive a fair trial. Having legal representation from the start can prevent mistakes that could negatively affect your case, such as making self-incriminating statements or failing to challenge inadmissible evidence.

Call Us 24/7 For Your Free Consultation

If you are facing criminal charges in Berwyn or anywhere in Chicago, the Law Offices of David L. Freidberg can help. We provide aggressive, experienced criminal defense representation and offer 24/7 free consultations. Contact us today at (312) 560-7100 or toll-free at (800) 803-1442. We serve clients in Berwyn, Cook County, DuPage County, Will County, Lake County, and the greater Chicago area.