Forest Park Criminal Defense Lawyer

Criminal Defense Attorney in Forest Park, Chicago, Illinois

Forest Park, nestled just west of Chicago, offers a suburban feel with easy access to the city’s bustling environment. The village has a rich history and a strong sense of community, but like any town close to a major metropolis, Forest Park faces its share of criminal offenses. When residents or visitors face criminal charges, the consequences can be life-altering. That’s where The Law Offices of David L. Freidberg steps in to defend clients against a wide range of criminal accusations.

Illinois criminal law covers a broad spectrum of offenses, each with its own set of statutes and penalties. As a Forest Park criminal defense attorney with decades of experience, David L. Freidberg offers clients in Forest Park the aggressive representation they need to protect their rights.

Illinois Criminal Law: An Overview

Illinois criminal law is governed by several statutes, each addressing different types of offenses. For those facing charges, it’s crucial to understand the nature of the crime and its potential penalties. Illinois criminal offenses range from misdemeanors to felonies, and each carries different levels of punishment.

• Assault and Battery: Governed by 720 ILCS 5/12-1, assault is defined as conduct that places another person in fear of receiving bodily harm. Battery, under 720 ILCS 5/12-3, occurs when a person intentionally causes harm or makes offensive contact. Assault is generally charged as a Class C misdemeanor, while battery can be charged as a Class A misdemeanor or Class 3 felony if aggravated.
• Drug Crimes: Drug offenses, such as possession, distribution, and trafficking, are covered under 720 ILCS 570. The severity of charges depends on the substance involved and the amount in question. Possession of a controlled substance can lead to a Class 4 felony, carrying a penalty of one to three years in prison and fines up to $25,000.
• Domestic Violence: Domestic battery, under 720 ILCS 5/12-3.2, involves harm or offensive contact within a household or family. This crime is often charged as a Class A misdemeanor, but if the defendant has prior convictions, it can escalate to a Class 4 felony.
• DUI / Drunk Driving: DUI offenses are codified under 625 ILCS 5/11-501. Driving under the influence of alcohol or drugs can lead to a Class A misdemeanor for first-time offenders, with penalties including license suspension, fines up to $2,500, and up to one year in jail. Repeat offenders or aggravating factors can result in felony charges.
• Expungements and Sealing: Illinois law under 20 ILCS 2630/5.2 allows certain criminal records to be expunged or sealed, effectively removing or limiting public access to these records. Not all crimes are eligible for expungement, especially violent or serious felonies.
• Federal Crimes: Some offenses are prosecuted under federal law, including drug trafficking, wire fraud, and white-collar crimes. Federal charges often result in harsher penalties, including mandatory minimum sentences.
• Murder: The most serious charge under Illinois law, first-degree murder, is codified under 720 ILCS 5/9-1. If convicted, the defendant faces a mandatory sentence of 20 to 60 years in prison, with the possibility of life imprisonment or even the death penalty, depending on the circumstances.
• Probation Violations: Violating the terms of probation, governed by 730 ILCS 5/5-6-4, can result in probation being revoked, leading to imprisonment.
• Prostitution: Engaging in or soliciting prostitution is a criminal offense under 720 ILCS 5/11-14. First offenses are typically charged as a Class A misdemeanor, but repeated offenses can elevate the charge to a Class 4 felony.
• Sex Crimes: Illinois’ 720 ILCS 5/11 governs sex crimes, including sexual assault, abuse, and exploitation. These crimes range from Class A misdemeanors to Class X felonies, carrying penalties from probation to life in prison.
• Theft: Theft-related crimes, including shoplifting and burglary, are defined under 720 ILCS 5/16-1. The severity of the charge depends on the value of the stolen property and can range from a Class A misdemeanor to a Class X felony.
• Violent Crimes: Violent offenses, such as armed robbery and aggravated battery, are taken seriously in Illinois. Under 720 ILCS 5/18, armed robbery is a Class X felony, with penalties including six to 30 years in prison.
• Weapons Charges: Unlawful use of a weapon is governed by 720 ILCS 5/24-1. Carrying a concealed weapon without a permit can result in a Class A misdemeanor or Class 4 felony depending on prior offenses.
• White Collar Crimes: Crimes such as embezzlement, identity theft, and fraud fall under various statutes, including 720 ILCS 5/16. These crimes are often charged as felonies, with penalties including prison time and significant financial restitution.

The Criminal Case Process in Illinois

Criminal cases in Illinois follow a structured process, beginning with an arrest and potentially ending in a trial or plea agreement. Understanding each phase is critical for defendants.

• The Investigation: Criminal investigations can begin in a variety of ways, from a routine traffic stop to a lengthy investigation by law enforcement. During this time, the police collect evidence to support criminal charges, such as witness statements, surveillance footage, and forensic evidence.
• The Arrest: Once law enforcement has probable cause, an arrest is made. In Illinois, you are entitled to know the charges against you and have the right to remain silent to avoid self-incrimination.
• The Arraignment: After an arrest, you will appear in court for an arraignment. At this hearing, you will be formally charged, and you have the option to plead guilty, not guilty, or no contest.
• The Trial: If your case goes to trial, the prosecution must prove beyond a reasonable doubt that you committed the offense. The defense attorney will present arguments, challenge evidence, and cross-examine witnesses to create doubt in the minds of the jury or judge.

Evidence Law Enforcement Collects in Criminal Cases

The type of evidence law enforcement gathers in criminal cases can vary, but common forms include:

• Physical evidence: This includes weapons, drugs, or stolen property.
• Digital evidence: Emails, text messages, and social media posts can be used to support criminal charges, especially in white-collar and sex crimes.
• Eyewitness testimony: Law enforcement often relies on statements from witnesses to corroborate their case.
• Forensic evidence: Fingerprints, DNA, and other forensic evidence are often used in violent crimes or burglary cases.
• Video surveillance: In many cases, police use video footage to identify suspects and support their case.

A defense attorney’s job is to challenge the legitimacy of this evidence and highlight any inconsistencies or violations of rights during its collection.

Why You Need a Criminal Defense Attorney

Facing criminal charges without legal representation is a mistake that can cost you your freedom, reputation, and future. A criminal defense attorney will:

• Protect your rights from the moment of your arrest
• Challenge the evidence and file motions to suppress evidence obtained illegally
• Negotiate plea agreements when in your best interest
• Represent you at trial to ensure a fair legal process

Without an experienced defense attorney, navigating the complexities of Illinois criminal law becomes nearly impossible.

Potential Legal Defenses

Several legal defenses can be used in criminal cases, including:

• Lack of probable cause: If law enforcement lacked sufficient cause for an arrest or search, the evidence may be suppressed.
• Mistaken identity: Eyewitnesses can be mistaken in identifying suspects, and video footage can be unclear or misleading.
• Self-defense: In violent crime cases, self-defense can be a valid legal argument if the defendant was protecting themselves or others from harm.

Qualities to Look for in a Criminal Defense Attorney

When seeking a criminal defense attorney, look for:

• Experience: It’s important to find a lawyer who has successfully handled cases similar to yours.
• Communication: Your attorney should be accessible and willing to answer any questions you have.
• Knowledge of Illinois law: A deep understanding of state statutes and local court procedures is essential.

Questions to Ask During a Consultation

During a free consultation, consider asking:

• What experience do you have with cases like mine?
• How will you approach my defense?
• What are the possible outcomes for my case?
• What are your fees and payment structure?

Forest Park Criminal Defense FAQs

1. What should I do if I’m arrested in Forest Park? Stay calm, remain silent, and ask for an attorney. Anything you say can be used against you in court.
2. Can I get my criminal record expunged in Illinois? It depends on the nature of the crime. Violent felonies are typically not eligible for expungement, but many misdemeanors and non-violent felonies can be sealed or expunged.
3. What are the penalties for a Class A misdemeanor in Illinois? A Class A misdemeanor is punishable by up to one year in jail and fines up to $2,500.
4. How long does the criminal trial process take? The process varies depending on the complexity of the case and whether the case goes to trial or is resolved through a plea agreement. It can take anywhere from a few months to over a year for a case to be fully resolved, depending on the court’s schedule and the specifics of the case.
5. What happens if I violate probation in Illinois? Violating probation can result in the revocation of your probation, and you may be required to serve the remainder of your sentence in jail or prison. You will also have to appear in court for a probation violation hearing.
6. Can I represent myself in a criminal case? While you have the right to represent yourself, it is not recommended. Criminal law is complex, and without the guidance of an experienced defense attorney, you risk facing harsher penalties and an unfavorable outcome.
7. What is the difference between a misdemeanor and a felony? A misdemeanor is a less serious offense, punishable by less than one year in jail, while a felony is a more serious crime with penalties that include longer prison sentences, larger fines, and more severe long-term consequences.
8. Can I challenge the evidence against me? Yes. A skilled defense attorney can challenge the evidence collected by law enforcement, including how it was obtained and whether it was handled properly. If your rights were violated, your attorney may file motions to suppress certain evidence, potentially weakening the prosecution’s case.

Why You Need a Criminal Defense Attorney for Your Case

Facing criminal charges is a serious matter, and going through the legal process without an experienced attorney is a mistake that can jeopardize your future. A criminal defense attorney provides invaluable assistance by:

• Offering a thorough understanding of Illinois criminal statutes and the legal system.
• Protecting your constitutional rights throughout the investigation, arrest, and trial processes.
• Developing a tailored defense strategy to challenge the evidence and reduce or dismiss charges.
• Representing you in court and negotiating with prosecutors to minimize penalties.

Attempting to handle a criminal case on your own or with an inexperienced attorney can result in harsher penalties, longer sentences, and lasting damage to your personal and professional life. Choosing a skilled defense attorney ensures that your case is handled with care and that your best interests are protected at every stage of the process.

Why Choose The Law Offices of David L. Freidberg

At The Law Offices of David L. Freidberg, we have decades of experience defending clients against all types of criminal charges in Forest Park and throughout Chicago. Our firm understands the complexities of Illinois criminal law and has a proven track record of success in securing favorable outcomes for our clients. We pride ourselves on offering aggressive, results-oriented representation to protect your rights and your future.

When you work with The Law Offices of David L. Freidberg, you’ll receive personalized legal counsel tailored to your unique situation. We handle cases involving assault and battery, DUI, drug crimes, sex crimes, theft, weapons charges, white-collar crimes, and more. With our experience and knowledge, we are prepared to fight for the best possible outcome in your case.

Call Us For Your Free Consultation

If you or a loved one is facing criminal charges in Inverness or anywhere in Cook County, it’s crucial to act quickly and secure the right legal representation. The Law Offices of David L. Freidberg offers a free consultation 24/7 to discuss your case and provide immediate legal guidance. Contact us today at (312) 560-7100 or toll-free at (800) 803-1442. We serve clients in Inverness, Chicago, and surrounding counties, including DuPage, Will, and Lake counties, Illinois. Let us help you protect your future and fight for the best possible outcome in your case.