Evanston Criminal Defense Lawyer

Criminal Defense Lawyer in Evanston, Illinois

Evanston, Illinois, is a vibrant city known for its beautiful lakefront, prestigious Northwestern University, and a diverse community. However, like any city, residents and visitors in Evanston may find themselves facing criminal charges. As an experienced criminal defense attorney in Evanston, I understand the significant impact a criminal charge can have on your life and future. This article provides a comprehensive overview of various criminal offenses, the legal process, and the importance of having our skilled defense attorney by your side.

Our Areas Of Practice

Assault and Battery

Assault and battery offenses are taken very seriously in Illinois and can result in severe penalties. These offenses are governed by various statutes under Illinois law.

Assault & Battery (720 ILCS 5/12-1 & 5/12-3): Assault is defined as conduct that places another person in reasonable apprehension of receiving a battery. Battery, on the other hand, involves causing bodily harm to another person or making physical contact of an insulting or provoking nature.

Aggravated Battery of a Child (720 ILCS 5/12-3.05(b)(1)): This involves committing battery against a child under 13 years of age, which can lead to enhanced penalties due to the victim’s age.

Battery of an Unborn Child (720 ILCS 5/12-3.1): This offense occurs when a person causes harm to an unborn child by battering the pregnant individual.

Battery on a Law Enforcement Officer (720 ILCS 5/12-3.05(d)(4)): This offense involves committing battery against a law enforcement officer while they are performing their official duties, leading to more severe penalties.

Aggravated Battery on a Police Officer (720 ILCS 5/12-3.05(d)(1)): This is a more serious charge involving battery against a police officer that results in great bodily harm or permanent disability.

Elderly Victim Assault & Battery (720 ILCS 5/12-4.4): This statute addresses battery committed against individuals who are 60 years of age or older, carrying enhanced penalties due to the victim’s age.

Drug Crimes

Drug crimes encompass a wide range of offenses related to the possession, distribution, and manufacturing of controlled substances. Illinois law imposes strict penalties on drug offenses, which can vary based on the type and quantity of the drug involved.

Drug Crimes (720 ILCS 570/401 et seq.): This statute covers various offenses, including the possession, manufacture, and delivery of controlled substances.

Conspiracy to Distribute Controlled Substances (720 ILCS 5/8-2): Involves an agreement between two or more individuals to distribute illegal drugs.

Federal Manufacturing Controlled Substances (21 U.S.C. § 841): This federal statute penalizes the manufacturing of controlled substances, which can lead to severe federal charges.

Delivery of a Controlled Substance (720 ILCS 570/401): This offense involves the unlawful delivery or distribution of a controlled substance.

Heroin Possession (720 ILCS 570/402): Possession of heroin, a Schedule I controlled substance, can result in serious criminal charges.

Marijuana Possession (720 ILCS 550/4): Although marijuana laws have been relaxed, possession beyond the legal limit can still result in criminal charges.

Prescription Drug Possession (720 ILCS 570/402): Possession of prescription drugs without a valid prescription is a criminal offense.

Cocaine Possession (720 ILCS 570/402): Cocaine possession is a serious offense that can lead to significant penalties.

Possession of Controlled Substance (720 ILCS 570/402): This statute covers the possession of various controlled substances, including opioids, methamphetamines, and others.

Ecstasy Possession (720 ILCS 570/402): Possession of MDMA or ecstasy is treated as a serious drug offense.

Drug Trafficking (720 ILCS 570/401.1): Involves the distribution or transport of large quantities of illegal drugs, leading to enhanced penalties.

Drug Conspiracy (720 ILCS 5/8-2): Engaging in a conspiracy to commit drug offenses can result in severe charges.

Possession with Intent to Distribute (720 ILCS 570/401): Possessing a controlled substance with the intention to distribute it is a serious criminal offense.

Possession of Drug Paraphernalia (720 ILCS 600/3.5): This statute addresses the possession of equipment or materials intended for drug use.

Domestic Violence

Domestic violence charges can have devastating consequences on both personal and professional life. Illinois law addresses various forms of domestic violence, imposing strict penalties to protect victims.

Domestic Violence (720 ILCS 5/12-3.2): Involves physical harm, harassment, intimidation, or interference with personal liberty of a family or household member.

Aggravated Domestic Battery (720 ILCS 5/12-3.3): This offense involves domestic battery that causes great bodily harm or permanent disability.

Domestic Assault (720 ILCS 5/12-3.2): Threatening or attempting to cause harm to a family or household member falls under this statute.

DUI/Drunk Driving

Driving under the influence (DUI) is a serious offense in Illinois, with strict penalties designed to deter impaired driving and enhance public safety.

DUI (625 ILCS 5/11-501): This statute makes it illegal to drive or be in actual physical control of a vehicle while under the influence of alcohol, drugs, or a combination thereof. The legal BAC limit is 0.08% for drivers aged 21 and over.

DUI Testing: Field Sobriety Tests, Blood Tests, and Breathalyzers: Law enforcement uses various tests to determine impairment, including field sobriety tests, breathalyzers, and blood tests. Refusal to take these tests can result in an automatic license suspension under Illinois’ implied consent law.

Reckless Homicide (720 ILCS 5/9-3): Involves causing the death of another person while driving under the influence, leading to severe penalties.

Federal Crimes

Federal crimes are offenses that violate federal laws and are prosecuted by federal authorities. These crimes often carry harsher penalties than state offenses.

Federal Assault (18 U.S.C. § 113): Involves assault committed on federal property or against federal officers.

Federal Extortion (18 U.S.C. § 872): Involves obtaining property through threats or coercion.

Federal Interstate Stalking (18 U.S.C. § 2261A): Involves traveling across state lines to stalk or harass another person.

Federal Kidnapping (18 U.S.C. § 1201): Involves the unlawful abduction or holding of a person against their will.

Federal Mail Fraud (18 U.S.C. § 1341): Involves using the mail system to commit fraudulent activities.

Federal Manslaughter (18 U.S.C. § 1112): Involves causing the death of another person without premeditation.

Federal Unlawful Possession of Firearm (18 U.S.C. § 922(g)): Involves the illegal possession of a firearm by prohibited individuals.

Federal Child Pornography (18 U.S.C. § 2252A): Involves the creation, distribution, or possession of child pornography.

Federal Fraud (18 U.S.C. § 1343): Involves committing fraud through electronic communications.

Federal Drug Charges (21 U.S.C. § 841): Involves the manufacture, distribution, or possession with intent to distribute controlled substances.

Federal Medicare Fraud (18 U.S.C. § 1347): Involves defrauding the Medicare program through fraudulent claims.

Property Crimes

Property crimes involve offenses that result in the damage, destruction, or unlawful taking of property. Illinois law imposes strict penalties on property crimes to deter such behavior.

Vandalism (720 ILCS 5/21-1): Involves the intentional damage or defacement of property.

Criminal Defacement of Property (720 ILCS 5/21-1.3): This statute addresses graffiti and other forms of property defacement.

Criminal Trespass to Land (720 ILCS 5/21-3): Involves unlawfully entering or remaining on another person’s property.

Criminal Damage to Property (720 ILCS 5/21-1): Involves intentionally causing damage to someone else’s property.

Theft and Fraud

Theft and fraud offenses involve unlawfully taking or using someone else’s property or deceiving others for financial gain. Illinois law imposes significant penalties on these crimes to deter such behavior.

Theft (720 ILCS 5/16-1): Involves unlawfully taking property with the intent to permanently deprive the owner of its use.

Aggravated Identity Theft (720 ILCS 5/16-30): Involves using another person’s identity information without permission for fraudulent purposes.

Credit Card Fraud (720 ILCS 5/17-36): Involves using a credit card or card information unlawfully to obtain goods or services.

Retail Theft (720 ILCS 5/16-25): Involves unlawfully taking merchandise from a retail establishment.

Possession of a Stolen Motor Vehicle (720 ILCS 5/16-1.3): Involves knowingly possessing a stolen vehicle.

Identity Theft (720 ILCS 5/16-30): Involves using another person’s identity information without permission for fraudulent purposes.

Receiving Stolen Property (720 ILCS 5/16-1): Involves knowingly receiving, possessing, or selling stolen property.

Interstate Transport of Stolen Property (18 U.S.C. § 2314): Involves transporting stolen goods across state lines.

Theft of Government Property (18 U.S.C. § 641): Involves stealing or embezzling property belonging to the federal government.

Sex Crimes

Sex crimes involve illegal and non-consensual sexual conduct. Illinois law imposes severe penalties on sex crimes to protect victims and deter such behavior.

Sex Crimes (720 ILCS 5/11): This statute covers various sex offenses, including sexual assault, abuse, and exploitation.

Aggravated Sexual Battery (720 ILCS 5/11-1.30): Involves sexual battery with aggravating factors such as the use of force or the victim being a minor.

Internet Child Exploitation (720 ILCS 5/11-20.1): Involves using the internet to exploit or solicit minors for sexual purposes.

Pandering (720 ILCS 5/11-14.3): Involves soliciting or arranging for someone else to engage in prostitution.

Predatory Criminal Sexual Assault of a Child (720 ILCS 5/11-1.40): Involves sexual assault against a child under 13 years of age.

Child Pornography (720 ILCS 5/11-20.1): Involves the creation, distribution, or possession of child pornography.

Criminal Sexual Abuse (720 ILCS 5/11-1.50): Involves sexual conduct or penetration without consent.

Criminal Sexual Assault (720 ILCS 5/11-1.20): Involves sexual penetration through the use of force or threat of force.

Indecent Solicitation of a Child (720 ILCS 5/11-6): Involves soliciting a child to engage in sexual conduct.

Involuntary Sexual Servitude of a Minor (720 ILCS 5/10-9): Involves exploiting minors for commercial sexual activity.

Prostitution (720 ILCS 5/11-14): Involves engaging in or offering to engage in sexual activity for money or other compensation.

Rape (720 ILCS 5/11-1.20): Involves non-consensual sexual penetration through the use of force or threat of force.

Public Indecency (720 ILCS 5/11-9): Involves exposing one’s genitals or engaging in sexual conduct in public.

Sex Offender Registration (730 ILCS 150): Requires individuals convicted of certain sex offenses to register as sex offenders.

Solicitation of Prostitution (720 ILCS 5/11-14.1): Involves soliciting someone to engage in prostitution.

Creation & Distribution of Child Pornography (720 ILCS 5/11-20.1): Involves creating or distributing child pornography.

Internet Solicitation (720 ILCS 5/11-6.5): Involves using the internet to solicit a minor for sexual conduct.

Date Rape (720 ILCS 5/11-1.20): Involves non-consensual sexual penetration through the use of force or threat of force, typically in a social setting.

Traveling to Meet a Minor (720 ILCS 5/11-6.6): Involves traveling with the intent to engage in illegal sexual conduct with a minor.

Failure to Register as a Sex Offender (730 ILCS 150/10): Involves failing to comply with the requirements of the Sex Offender Registration Act.

Traffic Violations

Traffic violations can range from minor infractions to serious offenses that result in significant penalties.

Aggravated Speeding (625 ILCS 5/11-601.5): Involves driving at a speed significantly above the legal limit.

Fleeing or Attempting to Elude a Peace Officer (625 ILCS 5/11-204): Involves failing to stop when signaled by a police officer.

Racing on a Highway (625 ILCS 5/11-506): Involves participating in a speed contest or race on a public highway.

Reckless Driving (625 ILCS 5/11-503): Involves driving with a willful or wanton disregard for the safety of persons or property.

Vehicular Endangerment (720 ILCS 5/12-5.02): Involves creating a substantial risk of bodily harm to another person while driving.

Violent Crimes

Violent crimes involve the use or threat of physical force against another person. Illinois law imposes severe penalties on violent crimes to protect public safety.

Murder (720 ILCS 5/9-1): Involves intentionally causing the death of another person.

Robbery (720 ILCS 5/18-1): Involves taking property from another person by force or threat of force.

Burglary (720 ILCS 5/19-1): Involves unlawfully entering a building with the intent to commit theft or another felony.

Home Invasion (720 ILCS 5/19-6): Involves unlawfully entering a dwelling and causing harm or threatening the occupants.

Manslaughter (720 ILCS 5/9-3): Involves causing the death of another person without premeditation.

Involuntary Manslaughter (720 ILCS 5/9-3): Involves causing the death of another person through reckless or negligent actions.

Kidnapping (720 ILCS 5/10-1): Involves unlawfully confining or transporting another person against their will.

Human Trafficking (720 ILCS 5/10-9): Involves exploiting individuals for forced labor or commercial sex.

Vehicular Hijacking (720 ILCS 5/18-3): Involves taking a motor vehicle from another person by force or threat of force.

Intimidation and Extortion Crimes (720 ILCS 5/12-6 & 5/18-5): Involves using threats to obtain property or coerce behavior.

White Collar Crimes

White collar crimes involve non-violent, financially motivated offenses. Illinois law imposes significant penalties on these crimes to deter fraudulent activities.

Bribery (720 ILCS 5/33-1): Involves offering or accepting something of value to influence official actions.

Check Fraud (720 ILCS 5/17-1B): Involves using a check with the intent to defraud.

Computer Fraud (720 ILCS 5/17-51): Involves using computers to commit fraudulent activities.

Counterfeiting (720 ILCS 5/17-3): Involves producing or using counterfeit goods or documents.

Credit Card Fraud (720 ILCS 5/17-36): Involves using a credit card or card information unlawfully to obtain goods or services.

Embezzlement (720 ILCS 5/16-1.3): Involves the unlawful taking of property by someone in a position of trust.

Federal Bank Fraud (18 U.S.C. § 1344): Involves defrauding a financial institution.

Forgery (720 ILCS 5/17-3): Involves creating or using false documents with the intent to defraud.

Fraud (720 ILCS 5/17-1): Involves deceiving others to gain financial or personal benefits.

Insurance Fraud (720 ILCS 5/46-1): Involves submitting false claims to insurance companies.

Money Laundering Defense (720 ILCS 5/29B-1): Involves concealing the origins of illegally obtained money.

Visa Fraud (720 ILCS 5/17-5.5): Involves fraudulent activities related to visa applications.

Chicago Writing Worthless Checks Defense Lawyer (720 ILCS 5/17-1B): Involves defending against charges of writing checks with insufficient funds.

Weapons Charges

Weapons charges involve the illegal possession, use, or trafficking of firearms and other weapons. Illinois law imposes strict penalties on weapons offenses to protect public safety.

Aggravated Discharge of a Firearm (720 ILCS 5/24-1.2): Involves discharging a firearm in a manner that endangers the safety of others.

Armed Violence (720 ILCS 5/33A-2): Involves committing a felony while armed with a dangerous weapon.

Federal Firearm Trafficking (18 U.S.C. § 922(a)): Involves illegally trafficking firearms.

Armed Habitual Criminal (720 ILCS 5/24-1.7): Involves repeated weapons offenses, leading to enhanced penalties.

Unlawful Use of a Weapon (720 ILCS 5/24-1): Involves the illegal possession or use of a weapon.

Unlawful Use of a Weapon by a Felon (720 ILCS 5/24-1.1): Involves the possession of a weapon by an individual with a prior felony conviction.

Unlawful Possession of a Firearm (720 ILCS 5/24-3.1): Involves possessing a firearm without proper authorization.

Additional Legal Services

Additional legal services provided by our firm include expungements, bond court representation, driver’s license reinstatement, deferred prosecution programs, defending against disorderly conduct charges, probation violations, resisting arrest charges, handling warrants, search and seizure issues, orders of protection, preliminary hearings, and arraignments.

The Criminal Case Process in Illinois

Criminal cases in Illinois begin with an arrest, often following a complaint or a witnessed offense. The police will conduct an investigation, gather evidence, and submit their findings to the prosecutor. The prosecutor then decides whether to file charges. If charges are filed, the defendant is arrested, booked, and given a court date for their initial appearance, also known as an arraignment.

During the arraignment, the defendant hears the charges against them and enters a plea. The court may set bail or decide to release the defendant on their own recognizance. Following the arraignment, the discovery process begins, where both the defense and prosecution exchange evidence. Pretrial motions may be filed to challenge evidence or dismiss charges. If the case proceeds to trial, both sides present their arguments, evidence, and witnesses. The judge or jury then deliberates and delivers a verdict. If convicted, the defendant faces sentencing, which can include fines, probation, imprisonment, or other penalties.

Types of Evidence in Criminal Cases

Law enforcement collects various types of evidence in criminal cases, including physical evidence (such as weapons, drugs, and stolen property), forensic evidence (such as fingerprints, DNA, and ballistics), digital evidence (such as emails, texts, and social media posts), and witness testimony. Surveillance footage, photographs, and police reports also play critical roles in building the prosecution’s case. Effective defense attorneys scrutinize this evidence, looking for inconsistencies, procedural errors, and other factors that can weaken the prosecution’s case.

Benefits of Having a Criminal Defense Attorney

Having a skilled criminal defense attorney offers numerous benefits. An attorney can protect your rights, ensure fair treatment, and provide a robust defense. They have the expertise to navigate complex legal procedures, negotiate with prosecutors, and present evidence effectively in court. A knowledgeable attorney can identify weaknesses in the prosecution’s case, challenge improper evidence, and work to reduce charges or secure acquittals.

Questions to Ask a Potential Criminal Defense Attorney

When seeking a criminal defense attorney, ask about their experience with similar cases, their approach to defense, and their success rate. Inquire about their familiarity with local courts and prosecutors, their availability for communication, and their fee structure. Understanding their strategy for handling your case and their willingness to fight for your rights is crucial.

Qualities to Look for in a Criminal Defense Attorney

Look for an attorney with extensive experience, strong communication skills, and a thorough understanding of Illinois criminal law. They should be dedicated, compassionate, and tenacious in their defense efforts. A good attorney is proactive, detail-oriented, and capable of developing innovative defense strategies tailored to your specific case.

Potential Legal Defenses

Effective legal defenses can include challenging the legality of the arrest, questioning the accuracy of evidence, and asserting constitutional violations. Defenses may also involve demonstrating lack of intent, establishing alibis, or highlighting procedural errors. Each case is unique, and a skilled attorney tailors their defense strategy to the specific facts and circumstances.

FAQs about Criminal Defense in Evanston, Illinois

What should I do if I am arrested?
Remain calm, avoid resisting arrest, and exercise your right to remain silent. Request an attorney immediately and refrain from discussing your case with anyone until your attorney is present.

Can I be released on bail?
Depending on the charges and circumstances, you may be eligible for bail. Your attorney can argue for reasonable bail terms or your release on your own recognizance.

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 that carry harsher penalties, including longer prison sentences and significant fines.

Can a criminal conviction be expunged from my record?
Certain convictions can be expunged or sealed, depending on the offense and your criminal history. An attorney can help determine your eligibility and guide you through the process.

What are my rights during a police investigation?
You have the right to remain silent, the right to an attorney, and the right to refuse consent to a search of your property without a warrant. Exercise these rights to protect yourself during an investigation.

How long does a criminal case take to resolve?
The duration of a criminal case varies based on its complexity, the charges, and the court’s schedule. Your attorney can provide a more accurate timeline based on the specifics of your case.

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 a skilled attorney can provide the expertise necessary to navigate the legal system effectively.

What are the consequences of a criminal conviction?
A conviction can result in fines, imprisonment, probation, loss of certain rights, and a permanent criminal record, affecting employment, housing, and educational opportunities.

How can an attorney help with my defense?
An attorney can protect your rights, challenge evidence, negotiate plea deals, and provide a robust defense in court. Their expertise and experience can significantly impact the outcome of your case.

What should I look for in a defense attorney?
Look for experience, strong communication skills, dedication, and a thorough understanding of Illinois criminal law. Your attorney should be proactive, detail-oriented, and capable of developing tailored defense strategies.

The Importance of Hiring a Criminal Defense Attorney

Facing criminal charges without an attorney can lead to severe consequences, including a conviction and significant penalties. A skilled criminal defense attorney can protect your rights, provide expert guidance, and develop a strong defense strategy tailored to your case. They can negotiate with prosecutors, challenge improper evidence, and work to achieve the best possible outcome.

Call For Your Free Consultation

If you are facing criminal charges in Evanston, Illinois, contact The Law Offices of David L. Freidberg for experienced legal representation. With decades of experience and a commitment to protecting your rights, we offer a free consultation 24/7 at (312) 560-7100 or toll-free at (800) 803-1442. Our firm serves clients throughout Evanston, Cook County, and the surrounding areas. Let us help you navigate the legal system and fight for your future.