Arlington Heights Criminal Defense Attorney

Criminal Defense Lawyer in Arlington Heights, Illinois

Arlington Heights, Illinois, is a vibrant community known for its excellent schools, thriving businesses, and family-friendly atmosphere. Located just 25 miles northwest of Chicago, it is one of the largest municipalities in Cook County. Despite its many attractions, residents and visitors can sometimes find themselves facing criminal charges. When this happens, having a knowledgeable and experienced Arlington Heights criminal defense lawyer is crucial to protect your rights and future.

Understanding Criminal Offenses and Relevant Statutes

In Illinois, criminal offenses are categorized based on their severity and the nature of the crime. Each category is governed by specific statutes that outline the elements of the offense, the penalties, and the legal procedures involved. Here, we explore some common criminal offenses and their relevant statutes.

Assault and Battery

Assault and battery charges can range from simple assault to more serious charges like aggravated battery. Under Illinois law, assault is defined as intentionally causing another person to fear imminent bodily harm (720 ILCS 5/12-1). Battery involves causing bodily harm or making physical contact of an insulting or provoking nature (720 ILCS 5/12-3). Aggravated battery includes additional factors such as the use of a weapon or causing serious injury (720 ILCS 5/12-3.05).

Arson

Arson is the act of intentionally setting fire to property. Illinois statutes differentiate between various forms of arson, including simple arson (720 ILCS 5/20-1) and aggravated arson (720 ILCS 5/20-1.1), which involves circumstances like causing injury to others or setting fire to occupied buildings. Arson on federal property falls under federal jurisdiction and carries additional penalties.

Drug Crimes

Drug-related offenses are heavily penalized in Illinois. These include possession, manufacturing, and distribution of controlled substances. Statutes such as 720 ILCS 570/402 (possession of a controlled substance), 720 ILCS 570/401 (manufacture and delivery of a controlled substance), and 720 ILCS 550/4 (possession of cannabis) outline the specific offenses and penalties. Federal drug crimes, such as trafficking and conspiracy to distribute, fall under federal statutes like 21 U.S.C. § 841 and 21 U.S.C. § 846.

Domestic Violence

Domestic violence charges are taken very seriously and can result in severe consequences. Illinois statutes define domestic violence broadly, including physical harm, harassment, and interference with personal liberty (720 ILCS 5/12-3.2). Aggravated domestic battery (720 ILCS 5/12-3.3) involves more severe injuries or the use of a weapon.

DUI/Drunk Driving

Driving under the influence (DUI) is a common but serious offense in Illinois. The relevant statute, 625 ILCS 5/11-501, makes it illegal to operate a vehicle with a BAC of 0.08% or higher. The penalties for DUI can include fines, jail time, and license suspension. Repeat offenses or DUI resulting in injury can lead to harsher penalties, such as longer jail sentences and permanent revocation of driving privileges.

Federal Crimes

Federal crimes encompass a wide range of offenses, including federal assault (18 U.S.C. § 111), extortion (18 U.S.C. § 872), interstate stalking (18 U.S.C. § 2261A), and mail fraud (18 U.S.C. § 1341). These crimes are prosecuted in federal court and carry significant penalties, including lengthy prison sentences and substantial fines.

How Criminal Cases Begin and the Investigation Process

Criminal cases typically begin with an alleged offense that leads to an investigation by law enforcement. This investigation may involve gathering evidence, interviewing witnesses, and conducting searches. If law enforcement believes there is enough evidence, they will seek an arrest warrant from a judge.

The investigation process can be extensive and involves several steps:

1. Initial Report: Law enforcement receives a report of a crime and begins preliminary inquiries.
2. Evidence Collection: Officers collect physical evidence, surveillance footage, and other relevant materials.
3. Witness Interviews: Law enforcement interviews witnesses to gather statements and corroborate evidence.
4. Search Warrants: If necessary, officers obtain search warrants to gather additional evidence from specific locations.
5. Arrest Warrant: Based on the evidence, law enforcement may seek an arrest warrant from a judge, leading to the suspect’s arrest.

The Arrest Process and Penalties

Once an arrest warrant is issued, law enforcement will arrest the suspect and take them into custody. The suspect is then processed, which includes taking fingerprints, photographs, and personal information. Following the arrest, the suspect will have an initial court appearance where the charges are formally read, and bail conditions are set.

If convicted of a criminal offense in Illinois, the penalties can vary widely based on the severity of the crime, prior criminal history, and other aggravating or mitigating factors. Penalties can include:

• Fines: Monetary penalties that vary based on the offense.
• Imprisonment: Jail or prison sentences that can range from a few days to life in prison.
• Probation: Supervised release with specific conditions that must be met.
• Community Service: Court-ordered service to the community.
• License Suspension: Suspension or revocation of driving privileges for offenses like DUI.

The Consequences of a Criminal Conviction

A criminal conviction carries significant consequences beyond legal penalties. It can have a lasting impact on various aspects of your life, including:

• Employment: Many employers conduct background checks, and a criminal conviction can hinder your ability to find or maintain a job.
• Housing: Landlords often perform background checks, and a conviction can make it challenging to secure housing.
• Education: A criminal record can affect your eligibility for scholarships, financial aid, and admission to educational institutions.
• Reputation: A conviction can damage your reputation and relationships within your community.

The Criminal Trial Defense Process in Illinois

The criminal trial defense process in Illinois involves several stages, each critical to the outcome of the case. These stages include:

Pretrial Phase

During the pretrial phase, the defense lawyer will review the evidence, conduct their investigation, and file pretrial motions. This phase is crucial for building a strong defense strategy. Pretrial motions can include requests to suppress evidence, dismiss charges, or change the venue.

Plea Bargaining

In many cases, the defense attorney and the prosecutor may engage in plea bargaining. This involves negotiating a plea deal where the defendant pleads guilty to a lesser charge in exchange for a more lenient sentence. Plea bargaining can be beneficial as it may result in reduced charges and penalties, avoiding the uncertainty of a trial.

Trial

If the case goes to trial, both the defense and prosecution present their evidence and arguments before a judge or jury. The trial process includes:

• Jury Selection: Choosing impartial jurors to hear the case.
• Opening Statements: Both sides present an overview of their case.
• Presentation of Evidence: Witnesses are called, and evidence is presented.
• Cross-Examination: The defense and prosecution question each other’s witnesses.
• Closing Arguments: Both sides summarize their cases and make final arguments.
• Jury Deliberation: The jury deliberates and reaches a verdict.

Sentencing

If the defendant is found guilty, the judge will impose a sentence based on the severity of the offense, the defendant’s criminal history, and any mitigating or aggravating factors. The defense attorney can argue for a lenient sentence, such as probation or community service, to minimize the impact on the defendant’s life.

The Benefits of Having a Criminal Defense Attorney

Having a skilled criminal defense attorney is crucial when facing criminal charges. An experienced attorney provides several benefits:

• Legal Knowledge: A thorough understanding of the law and legal procedures.
• Protection of Rights: Ensuring that your constitutional rights are protected throughout the process.
• Strategic Defense: Developing a tailored defense strategy based on the specifics of your case.
• Negotiation Skills: The ability to negotiate plea deals and reduced charges.
• Support and Guidance: Providing emotional support and guidance through a stressful process.

Questions to Ask a Potential Criminal Defense Attorney in Your Free Consultation

During your free consultation with a criminal defense attorney, it’s important to ask the right questions to determine if they are the right fit for your case:

• What is your experience with cases similar to mine?
• What is your track record of success in defending clients with similar charges?
• How do you approach defending a case like mine?
• What are the potential outcomes of my case?
• How do you communicate with your clients throughout the process?
• What are your fees, and what does your fee structure include?

Qualities to Look for in a Criminal Defense Attorney in Illinois

When choosing a criminal defense attorney, look for qualities that ensure they can effectively represent you:

• Experience: Decades of experience handling criminal defense cases.
• Reputation: A strong reputation within the legal community and among clients.
• Communication: Clear and open communication throughout the process.
• Dedication: A commitment to providing personalized and aggressive representation.
• Track Record: A proven track record of success in achieving favorable outcomes for clients.

Potential Legal Defenses

There are several potential legal defenses that a criminal defense attorney may use to defend against charges:

• Lack of Evidence: Arguing that the prosecution has insufficient evidence to prove guilt beyond a reasonable doubt.
• Mistaken Identity: Demonstrating that the defendant was not the person who committed the crime.
• Alibi: Providing evidence that the defendant was elsewhere when the crime occurred.
• Self-Defense: Arguing that the defendant acted in self-defense.
• Violation of Rights: Demonstrating that law enforcement violated the defendant’s constitutional rights during the investigation or arrest.

FAQs about Criminal Defense in Arlington Heights, Illinois

What should I do if I’m arrested?  

If you are arrested, it is crucial to remain calm and exercise your right to remain silent. Do not provide any statements to law enforcement without first consulting with an attorney. Request to speak to a lawyer immediately.

Can I be charged with a crime without being arrested?  

Yes, it is possible to be charged with a crime without being arrested. In some cases, law enforcement may issue a citation or summons to appear in court.

What happens at an arraignment?  

An arraignment is the first court appearance where the charges are formally read, and the defendant enters a plea (guilty, not guilty, or no contest). Bail conditions may also be set at this time.

How long does the criminal trial process take?  

The length of the criminal trial process varies depending on the complexity of the case, court schedules, and other factors. It can take several months to a year or more.

Can I appeal a conviction? 

Yes, you have the right to appeal a conviction if there are grounds to believe that legal errors affected the trial’s outcome. An appellate court will review the case to determine if there were any procedural or legal mistakes.

What is the difference between a misdemeanor and a felony?  

Misdemeanors are less severe offenses with lighter penalties, such as fines and short jail sentences. Felonies are more serious crimes with harsher penalties, including longer prison sentences and higher fines.

Can a criminal record be expunged?  

In some cases, certain criminal records can be expunged or sealed, removing them from public view. Eligibility for expungement depends on the nature of the offense and the defendant’s criminal history.

What are the potential consequences of a criminal conviction?  

A criminal conviction can result in fines, imprisonment, probation, community service, and a permanent criminal record. It can also affect employment, housing, education, and personal relationships.

How important is it to have an attorney for a minor offense?  

Even for minor offenses, having an attorney is crucial. An attorney can help navigate the legal process, protect your rights, and work towards the best possible outcome.

What are my rights during a criminal investigation?  

During a criminal investigation, you have the right to remain silent, the right to an attorney, and the right to refuse consent to searches without a warrant. Exercise these rights to protect yourself.

Why You Need an Attorney

Facing criminal charges is a serious matter that requires skilled legal representation. Attempting to handle a criminal case without an attorney can result in severe consequences, including a criminal conviction, jail time, fines, and a permanent criminal record. An experienced criminal defense attorney can provide invaluable assistance by protecting your rights, developing a strategic defense, and working towards achieving a favorable resolution.

At The Law Offices of David L. Freidberg, we understand the complexities of criminal cases and the impact a conviction can have on your life. Our team is dedicated to providing personalized and aggressive representation to defend against criminal charges. We have a proven track record of success in achieving favorable outcomes for our clients, whether through negotiating plea deals or securing acquittals at trial.

Choosing the right attorney can make all the difference in the outcome of your case. With decades of experience, we have the knowledge, skills, and resources necessary to effectively defend against criminal charges and protect your future.

Contact The Law Offices of David L. Freidberg For Your Free Consultation

If you are facing criminal charges in Arlington Heights, Illinois, don’t face it alone. Contact The Law Offices of David L. Freidberg for skilled legal assistance. We offer a free consultation 24/7 at (312) 560-7100 or toll-free at (800) 803-1442. Our firm serves clients in Arlington Heights, and throughout Chicago, including Cook County, DuPage County, Will County, and Lake County. Let us help you navigate the legal system and fight for your future.