Elmhurst Criminal Defense Lawyer

Criminal Defense Lawyer in Elmhurst, Illinois

As a criminal defense lawyer with decades of experience serving Elmhurst, Illinois, I understand the profound impact that criminal charges can have on your life. From the moment you are accused of a crime, your freedom, reputation, and future are at stake. It is essential to have a knowledgeable and experienced attorney by your side to navigate the complexities of the legal system and protect your rights. I will now provide an in-depth look at the various aspects of criminal defense in Elmhurst, including relevant statutes, the criminal case process, and the potential consequences of a conviction.

Understanding Criminal Offenses in Illinois

Illinois law categorizes criminal offenses into several types, each with its own statutes and penalties. The most common offenses include assault and battery, arson, drug crimes, domestic violence, DUI, federal crimes, property crimes, theft and fraud, sex crimes, traffic violations, violent crimes, white-collar crimes, and weapons charges. Understanding the specifics of these offenses is crucial for mounting an effective defense.

Assault and Battery

Assault and battery charges can range from simple assault to more severe offenses such as aggravated battery of a child, battery of an unborn child, battery on a law enforcement officer, and aggravated battery on a police officer. These charges are governed by Illinois statutes and carry significant penalties, including fines, jail time, and long-term consequences on your criminal record.

Arson

Arson charges, including arson on federal property, involve the intentional setting of fires to property. These charges are taken very seriously and can result in severe penalties, including lengthy prison sentences and substantial fines.

Drug Crimes

Drug crimes encompass a wide range of offenses, including possession of controlled substances like heroin, marijuana, prescription drugs, cocaine, and ecstasy. More severe charges include drug trafficking, drug conspiracy, possession with intent to distribute, and possession of drug paraphernalia. Federal manufacturing controlled substances and conspiracy to distribute controlled substances are also significant offenses with harsh penalties.

Domestic Violence

Domestic violence charges can include aggravated domestic battery, domestic assault, and other related offenses. These charges can have severe legal and personal consequences, including restraining orders, loss of child custody, and damage to your reputation.

DUI/Drunk Driving

Driving under the influence (DUI) charges are serious offenses in Illinois. The penalties for DUI can include fines, jail time, license suspension, and mandatory alcohol education programs. DUI testing methods, such as field sobriety tests, blood tests, and breathalyzers, play a crucial role in these cases.

Federal Crimes

Federal crimes encompass a wide range of offenses, including federal assault, extortion, interstate stalking, kidnapping, mail fraud, manslaughter, unlawful possession of a firearm, child pornography, fraud, drug charges, and Medicare fraud. These charges are prosecuted under federal law and carry severe penalties.

Property Crimes

Property crimes include vandalism, criminal defacement of property, criminal trespass to land, and criminal damage to property. These offenses can result in significant fines, restitution, and jail time.

Theft and Fraud

Theft and fraud charges cover a broad spectrum of offenses, including aggravated identity theft, credit card fraud, retail theft, possession of a stolen motor vehicle, identity theft, receiving stolen property, interstate transport of stolen property, and theft of government property. These charges can result in severe penalties, including prison sentences and substantial fines.

Sex Crimes

Sex crimes are among the most serious offenses and include aggravated sexual battery, internet child exploitation, pandering, predatory criminal sexual assault of a child, child pornography, criminal sexual abuse, criminal sexual assault, indecent solicitation of a child, involuntary sexual servitude of a minor, prostitution, rape, public indecency, sex offender registration violations, solicitation of prostitution, creation and distribution of child pornography, internet solicitation, date rape, traveling to meet a minor, and failure to register as a sex offender. The penalties for these crimes are severe and can include lengthy prison sentences, registration as a sex offender, and significant social stigma.

Traffic Violations

Traffic violations such as aggravated speeding, fleeing or attempting to elude a peace officer, racing on a highway, reckless driving, and vehicular endangerment can result in fines, license suspension, and even jail time.

Violent Crimes

Violent crimes include murder, robbery, burglary, home invasion, manslaughter, involuntary manslaughter, kidnapping, human trafficking, vehicular hijacking, and intimidation and extortion crimes. These charges carry severe penalties, including lengthy prison sentences and substantial fines.

White-Collar Crimes

White-collar crimes encompass offenses such as bribery, check fraud, computer fraud, counterfeiting, credit card fraud, embezzlement, federal bank fraud, forgery, fraud, insurance fraud, money laundering, and visa fraud. These crimes can result in significant financial penalties and lengthy prison sentences.

Weapons Charges

Weapons charges include aggravated discharge of a firearm, armed violence, federal firearm trafficking, armed habitual criminal, unlawful use of a weapon, unlawful use of a weapon by a felon, and unlawful possession of a firearm. These charges carry severe penalties and can result in lengthy prison sentences and substantial fines.

Additional Legal Services

In addition to defending against criminal charges, our firm also provides services for expungements, bond court representation, driver’s license reinstatement, deferred prosecution programs, disorderly conduct charges, probation violations, resisting arrest, warrants, search and seizure issues, order of protection cases, preliminary hearings, and arraignments.

How Criminal Cases Begin and the Investigation Process

A criminal case typically begins with an investigation by law enforcement. This investigation can be initiated based on a complaint, an observed crime, or an ongoing investigation into criminal activity. Law enforcement officers gather evidence, interview witnesses, and may conduct searches to collect evidence related to the alleged crime.

Once sufficient evidence is gathered, law enforcement may make an arrest. The arrest process involves taking the suspect into custody, reading their Miranda rights, and transporting them to a police station for booking. During booking, the suspect’s personal information is recorded, and they may be held until they can post bail or are released on their own recognizance.

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. The process begins with the arraignment, where the defendant is formally charged and enters a plea of guilty, not guilty, or no contest. Pretrial motions and hearings follow, where both the defense and prosecution can present motions to suppress evidence, dismiss charges, or compel discovery.

During the trial, both sides present their cases to a judge or jury. The prosecution bears the burden of proving the defendant’s guilt beyond a reasonable doubt. The defense attorney cross-examines witnesses, challenges evidence, and presents alternative theories to create reasonable doubt.

If the defendant is found guilty, the sentencing phase follows, where the judge imposes penalties based on the severity of the offense, the defendant’s criminal history, and any mitigating or aggravating factors. The defense attorney may advocate for leniency and present evidence of the defendant’s character and circumstances.

The Benefits of Having an Attorney

Having an experienced criminal defense attorney is crucial for navigating the complexities of the legal system and protecting your rights. An attorney provides several key benefits, including:

• Knowledge of the Law: An experienced attorney understands the intricacies of criminal law and can identify the best defense strategies for your case.
• Protection of Rights: An attorney ensures that your constitutional rights are protected throughout the legal process, from the investigation to the trial and sentencing.
• Strategic Defense: An attorney develops a strategic defense tailored to the specifics of your case, challenging the prosecution’s evidence and presenting alternative theories.
• Negotiation Skills: An attorney can negotiate with the prosecution for reduced charges, plea deals, or alternative sentencing options.
• Emotional Support: Facing criminal charges is stressful. An attorney provides emotional support and guidance, helping you navigate the legal process with confidence.

Potential Legal Defenses

Defending against criminal charges requires a strategic approach tailored to the specifics of your case. Potential legal defenses include:

• Lack of Evidence: Challenging the sufficiency and reliability of the evidence presented by the prosecution.
• Mistaken Identity: Demonstrating that you were not the person who committed the crime.
• Alibi: Providing evidence that you were elsewhere when the crime occurred.
• Self-Defense: Arguing that you acted in self-defense or defense of others.
• Consent: In cases involving alleged victims, demonstrating that the alleged victim consented to the actions.
• Violation of Constitutional Rights: Challenging evidence obtained through unlawful searches, seizures, or interrogations.

FAQs about Criminal Defense in Illinois

What should I do if I am 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. Contact a criminal defense attorney as soon as possible to protect your rights and begin building your defense.

Can I represent myself in a criminal case?
While you have the right to represent yourself, it is generally not advisable. Criminal cases are complex, and navigating the legal system without legal training can result in severe consequences. An experienced criminal defense attorney can provide the knowledge, skills, and resources necessary to effectively defend against the charges.

What are my rights during a police investigation?
During a police investigation, you have the right to remain silent and the right to an attorney. You are not required to answer questions or provide statements without legal representation. Additionally, you have the right to refuse consent to searches of your person, vehicle, or property without a warrant.

What are the potential consequences of a criminal conviction?
The consequences of a criminal conviction can include fines, jail or prison time, probation, community service, and a permanent criminal record. A conviction

can also impact your employment, housing, and personal relationships.

How can a criminal defense attorney help with my case?
A criminal defense attorney can help by protecting your rights, developing a strategic defense, negotiating with the prosecution, and representing you in court. An attorney can also provide emotional support and guidance throughout the legal process.

What is a plea bargain, and should I accept one?
A plea bargain is an agreement between the prosecution and defense where the defendant pleads guilty to a lesser charge or receives a reduced sentence. Whether to accept a plea bargain depends on the specifics of your case and the strength of the evidence against you. An experienced attorney can help you evaluate the plea bargain and determine the best course of action.

What is the difference between a misdemeanor and a felony?
Misdemeanors are less severe offenses that typically result in shorter jail sentences and smaller fines. Felonies are more serious offenses that carry longer prison sentences, larger fines, and more significant long-term consequences.

Can a criminal record be expunged in Illinois?
Certain criminal records can be expunged or sealed in Illinois, which means they are removed from public view. The eligibility for expungement or sealing depends on the type of offense and the outcome of the case. An attorney can help you determine if you are eligible and guide you through the process.

What should I expect during a criminal trial?
During a criminal trial, both the prosecution and defense present their cases to a judge or jury. The prosecution must prove the defendant’s guilt beyond a reasonable doubt. The defense attorney cross-examines witnesses, challenges evidence, and presents alternative theories. If found guilty, the sentencing phase follows, where the judge imposes penalties based on the specifics of the case.

How important is it to have an attorney during a criminal investigation?
Having an attorney during a criminal investigation is crucial. An attorney can protect your rights, advise you on how to interact with law enforcement, and begin building your defense. Early intervention by an attorney can significantly impact the outcome of your case.

Why Defendants 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 Elmhurst, 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 defense law firm serves clients in Elmhurst, and Chicago, including Cook County, DuPage County, Will County, and Lake County. Let us help you navigate the legal system and fight for your future.