Criminal Defense Law Firm in South Shore, Chicago, Illinois

Welcome to South Shore, a vibrant neighborhood on the southern edge of Chicago, Illinois. Known for its rich history and cultural diversity, South Shore boasts beautiful lakefront views and a strong sense of community. However, like any urban area, it is not immune to crime. If you or a loved one faces criminal charges here, understanding your rights and the legal process is essential. As an experienced criminal defense lawyer in South Shore, I am committed to defending the rights of the accused and navigating the complexities of the legal system.

Our Areas of Practice

Assault and Battery

Assault and battery are serious charges in Illinois that can lead to severe penalties. Assault, under 720 ILCS 5/12-1, is defined as any conduct that places another person in reasonable apprehension of receiving a battery. Battery, as defined by 720 ILCS 5/12-3, involves causing bodily harm to another person or making physical contact of an insulting or provoking nature.

Aggravated Battery under 720 ILCS 5/12-3.05 includes more severe cases, such as battery against a child (12-3.05(b)(2)), an unborn child (12-3.1), or a law enforcement officer (12-3.05(d)). The penalties for these crimes range from Class A misdemeanors to Class 1 felonies, depending on the severity and circumstances.

Arson is another serious crime, defined under 720 ILCS 5/20-1. Arson involves knowingly damaging property by fire or explosion. When committed on federal property, as specified in 18 U.S.C. § 81, the penalties can be even more severe. Arson is typically classified as a Class 2 felony in Illinois, with potential penalties including substantial fines and long prison sentences.

Drug Crimes

Drug crimes encompass a wide range of offenses, from possession to trafficking. Under Illinois law, drug crimes are heavily penalized based on the type and quantity of the controlled substance involved.

Possession of Controlled Substances is governed by 720 ILCS 570/402. Possessing any amount of a controlled substance can result in severe penalties, including incarceration and hefty fines. For example, possession of less than 15 grams of heroin is a Class 4 felony, while larger quantities can escalate to more severe charges.

Drug Trafficking under 720 ILCS 570/401.1 involves the illegal distribution or delivery of controlled substances. Penalties for drug trafficking are severe and can range from Class X felonies, carrying prison terms of up to 60 years and substantial fines, to Class 1 or 2 felonies, depending on the substance and quantity.

Domestic Violence

Domestic violence includes any form of physical, emotional, or psychological abuse within a domestic setting. Illinois law, under 720 ILCS 5/12-3.2, criminalizes domestic battery, which involves causing bodily harm or making physical contact of an insulting or provoking nature with a family or household member.

Aggravated Domestic Battery, as per 720 ILCS 5/12-3.3, involves causing great bodily harm or using a deadly weapon during the offense. This is classified as a Class 2 felony, with potential penalties including long prison sentences and significant fines.

DUI/Drunk Driving

Driving under the influence (DUI) is a serious offense in Illinois, governed by 625 ILCS 5/11-501. It is illegal to operate a vehicle with a BAC of 0.08% or higher, or while under the influence of alcohol, drugs, or any combination thereof.

Penalties for DUI can range from fines and license suspension to mandatory alcohol education programs and imprisonment. A first offense is typically a Class A misdemeanor, while subsequent offenses or those involving aggravating factors can lead to felony charges.

The Criminal Case Process

How Criminal Cases Begin and the Investigation Process

Criminal cases often begin with a complaint or arrest. Law enforcement officials may initiate an investigation based on reports or observed behavior. The investigation process includes gathering evidence, interviewing witnesses, and sometimes surveillance.

The Arrest Process

If there is sufficient evidence to support a criminal charge, the police will make an arrest. During the arrest process, the individual is read their Miranda rights, which include the right to remain silent and the right to an attorney. The arrestee is then taken into custody and booked, which involves recording personal information, photographing, and fingerprinting.

Penalties and Consequences of Criminal Convictions

The penalties for criminal convictions in Illinois vary widely based on the offense’s severity and the defendant’s criminal history. Penalties can include fines, imprisonment, community service, probation, and mandatory rehabilitation programs. Additionally, a criminal conviction can have long-lasting consequences, including a permanent criminal record, loss of employment opportunities, and difficulty obtaining housing or professional licenses.

The Criminal Trial Defense Process in Illinois

The criminal trial process begins with the arraignment, where the defendant is formally charged and enters a plea. The trial proceeds through several stages, including pre-trial motions, jury selection, opening statements, presentation of evidence, closing arguments, jury deliberation, and finally, the verdict.

During the trial, both the prosecution and defense present evidence to support their case. The types of evidence law enforcement may collect include witness testimonies, physical evidence, surveillance footage, and forensic analysis. The defense attorney’s role is to challenge the prosecution’s evidence, cross-examine witnesses, and present alternative theories to create reasonable doubt.

The Benefits of Having a Criminal Defense Attorney

Having a criminal defense attorney is crucial for several reasons. An experienced attorney understands the legal system’s intricacies and can navigate the complexities of criminal law. They can ensure that your rights are protected, provide strategic advice, and advocate on your behalf throughout the legal process.

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

When seeking a criminal defense attorney, it is essential to ask the right questions during your initial consultation. Some key questions include:

• What is your experience with cases similar to mine?
• What is your success rate in defending criminal cases?
• How do you plan to approach my case?
• What are the potential outcomes and your strategy for achieving the best possible result?
• How do you communicate with clients, and how often will I receive updates about my case?

Qualities to Look for in a Criminal Defense Attorney in Illinois

When choosing a criminal defense attorney, several qualities are essential. Look for an attorney with:

• Extensive experience and a strong track record in criminal defense
• Knowledge of Illinois criminal law and local court procedures
• Strong communication skills and a clear explanation of legal concepts
• A strategic and analytical approach to building a defense
• A commitment to protecting your rights and achieving the best possible outcome

Potential Legal Defenses

There are several potential legal defenses that a skilled attorney can employ, depending on the specifics of your case. Common defenses include:

• Challenging the legality of the arrest or the evidence collection process
• Questioning the credibility of witnesses or the accuracy of forensic evidence
• Presenting an alibi or alternative explanations for the alleged criminal behavior
• Demonstrating that your constitutional rights were violated during the investigation or arrest

City Relevant Criminal Defense FAQs

What should I do if I am arrested in South Shore, Chicago?
If you are arrested, it is crucial to remain calm and exercise your right to remain silent. Request to speak with an attorney immediately and avoid making any statements to law enforcement without legal representation. Your attorney will provide guidance on the next steps and help protect your rights throughout the legal process.

How can a criminal conviction affect my future?
A criminal conviction can have long-lasting consequences, including a permanent criminal record, loss of employment opportunities, and difficulty obtaining housing or professional licenses. It can also impact your personal relationships and reputation within the community.

Can a criminal defense attorney help me avoid jail time?
An experienced criminal defense attorney can negotiate plea deals, present mitigating evidence, and advocate for alternative sentencing options such as probation, community service, or rehabilitation programs. Their goal is to achieve the best possible outcome for your case, which may include avoiding jail time.

What is the difference between a misdemeanor and a felony in Illinois?
Misdemeanors are less severe offenses, punishable by up to one year in jail and fines. Felonies are more serious crimes, with penalties ranging from one year to life imprisonment, substantial fines, and other severe consequences. The classification of the offense depends on factors such as the nature of the crime, the defendant’s criminal history, and any aggravating circumstances.

How long does the criminal trial process take?
The length of the criminal trial process varies based on the complexity of the case, the court’s schedule, and other factors. It can take several months to over a year to resolve a criminal case. An experienced attorney will work to expedite the process while ensuring a thorough defense.

Can I expunge my criminal record in Illinois?
Expungement is the process of sealing or erasing a criminal record. In Illinois, certain offenses are eligible for expungement, while others may only qualify for record sealing. The eligibility criteria depend on factors such as the nature of the offense, the outcome of the case, and the time elapsed since the conviction. An attorney can help determine if you qualify for expungement and guide you through the process.

What should I expect during my first court appearance?
During your first court appearance, also known as the arraignment, you will be formally charged, and the judge will explain your rights. You will enter a plea of guilty, not guilty, or no contest. Your attorney will provide guidance on the appropriate plea and begin developing your defense strategy.

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.

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

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