Highland Park Criminal Defense Lawyer

Criminal Defense Attorney in Highland Park, Illinois

As a criminal defense attorney serving Highland Park, Illinois, I understand the gravity and complexity of facing criminal charges. Each case is unique, with its own set of challenges and potential consequences. From minor misdemeanors to serious felonies, the repercussions of a criminal conviction can be life-altering. I will now provide an overview of various criminal offenses, the legal statutes involved, the criminal case process, and the importance of having an experienced defense attorney by your side.

Our Practice Areas

Assault and Battery

Assault and battery charges encompass a range of offenses that involve causing or threatening harm to another person. Under Illinois law, assault is defined as intentionally causing another person to fear imminent bodily harm, while battery involves the actual infliction of physical harm. 

Relevant Statutes

– Assault (720 ILCS 5/12-1): Defines assault as conduct that places another in reasonable apprehension of receiving a battery.

– Battery (720 ILCS 5/12-3): Defines battery as causing bodily harm or making physical contact of an insulting or provoking nature without legal justification.

– Aggravated Battery (720 ILCS 5/12-3.05): Involves causing great bodily harm, using a deadly weapon, or committing battery against protected classes such as children, law enforcement officers, and elderly individuals.

Assault and battery can range from simple misdemeanors to serious felonies, depending on the severity of the injury and the circumstances of the offense. Penalties may include fines, probation, community service, and imprisonment.

Drug Crimes

Drug offenses in Illinois are governed by the Illinois Controlled Substances Act (720 ILCS 570) and the Cannabis Control Act (720 ILCS 550). These laws regulate the possession, manufacture, and distribution of controlled substances, including marijuana, cocaine, heroin, and prescription drugs.

Relevant Statutes

– Possession of Controlled Substance (720 ILCS 570/402): Addresses the possession of illegal drugs and prescription medications without a valid prescription.

– Manufacture or Delivery of a Controlled Substance (720 ILCS 570/401): Covers the production, distribution, or possession with intent to distribute controlled substances.

– Cannabis Control Act (720 ILCS 550/4): Regulates the possession, manufacture, and delivery of cannabis.

Drug crime penalties vary based on the type and amount of the substance, as well as prior convictions. They can include fines, probation, mandatory drug treatment programs, and lengthy prison sentences.

Domestic Violence

Domestic violence encompasses a range of behaviors used to control or harm a partner or family member. Illinois law takes domestic violence seriously, and the consequences of a conviction can be severe.

Relevant Statutes

– Domestic Battery (720 ILCS 5/12-3.2): Involves causing bodily harm or making physical contact of an insulting or provoking nature with a family or household member.

– Aggravated Domestic Battery (720 ILCS 5/12-3.3): Involves causing great bodily harm, permanent disability, or disfigurement to a family or household member.

Penalties for domestic violence can include fines, probation, mandatory counseling, orders of protection, and imprisonment. A conviction can also impact child custody and visitation rights.

DUI/Drunk Driving

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

Relevant Statutes

– Driving Under the Influence (625 ILCS 5/11-501): Prohibits driving with a blood alcohol concentration (BAC) of 0.08% or higher, or while impaired by alcohol, drugs, or a combination of both.

Penalties for a first-time DUI offense can include fines, license suspension, mandatory alcohol education programs, and potential jail time. Subsequent offenses or aggravating factors, such as causing injury or driving with a high BAC, can result in harsher penalties, including felony charges.

Federal Crimes

Federal crimes are offenses that violate federal law and are prosecuted by the federal government. These crimes often involve complex legal issues and severe penalties.

Relevant Statutes

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

– Wire Fraud (18 U.S.C. § 1343): Involves using electronic communications to commit fraud.

– Drug Trafficking (21 U.S.C. § 841): Addresses the manufacture, distribution, or possession with intent to distribute controlled substances.

Penalties for federal crimes can include substantial fines, lengthy prison sentences, and a permanent criminal record. Federal cases are prosecuted in federal court, which follows different procedures than state courts.

Property Crimes

Property crimes involve the theft, damage, or destruction of someone else’s property. These offenses can range from minor misdemeanors to serious felonies, depending on the value of the property and the circumstances of the crime.

Relevant Statutes

– Theft (720 ILCS 5/16-1): Defines theft as obtaining or exerting unauthorized control over property with the intent to permanently deprive the owner of its use or benefit.

– Criminal Damage to Property (720 ILCS 5/21-1): Involves knowingly damaging someone else’s property.

– Burglary (720 ILCS 5/19-1): Involves entering a building or vehicle without permission with the intent to commit a felony or theft.

Penalties for property crimes can include fines, restitution, community service, probation, and imprisonment.

Sex Crimes

Sex crimes encompass a range of offenses involving non-consensual sexual activity or exploitation. These crimes carry severe penalties and long-lasting consequences, including mandatory sex offender registration.

Relevant Statutes

– Criminal Sexual Assault (720 ILCS 5/11-1.20): Involves committing sexual penetration without consent or by force.

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

– Child Pornography (720 ILCS 5/11-20.1): Prohibits the possession, distribution, or creation of pornographic material involving minors.

Penalties for sex crimes can include substantial fines, long prison sentences, mandatory sex offender registration, and a permanent criminal record.

Traffic Violations

Traffic violations range from minor infractions to serious offenses that can result in severe penalties, including license suspension and imprisonment.

Relevant Statutes

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

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

– DUI (625 ILCS 5/11-501): Prohibits driving under the influence of alcohol or drugs.

Penalties for traffic violations can include fines, points on your driving record, license suspension, and imprisonment.

Violent Crimes

Violent crimes involve causing physical harm or the threat of harm to another person. These offenses are prosecuted aggressively and carry severe penalties.

Relevant Statutes

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

– Manslaughter (720 ILCS 5/9-2): Involves causing the death of another person without lawful justification, typically in the heat of passion.

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

Penalties for violent crimes can include long prison sentences, substantial fines, and a permanent criminal record.

White Collar Crimes

White collar crimes involve non-violent, financially motivated offenses typically committed by business professionals. These crimes can have severe legal and financial repercussions.

Relevant Statutes

– Embezzlement (720 ILCS 5/16-1): Involves the fraudulent appropriation of property by a person to whom it has been entrusted.

– Fraud (720 ILCS 5/17-1): Involves deception to secure unfair or unlawful financial gain.

– Bribery (720 ILCS 5/33-1): Involves offering, giving, receiving, or soliciting something of value to influence the action of an official in the discharge of their public or legal duties.

Penalties for white collar crimes can include substantial fines, restitution, community service, probation, and imprisonment.

The Criminal Trial Defense Process in Illinois

The criminal trial defense process in Illinois involves several critical steps, from the initial investigation to the final verdict. Understanding this process can help you prepare for what lies ahead and make informed decisions about your defense.

Initial Investigation

The criminal case process begins with an investigation by law enforcement. This investigation can involve gathering evidence, interviewing witnesses, and conducting searches. During this phase, it is crucial to have an attorney who can protect your rights and ensure that any evidence obtained unlawfully is challenged in court.

Arrest and Charges

If law enforcement believes there is sufficient evidence to support criminal charges, they will make an arrest. After the arrest, you will be formally charged with a crime, and an initial court appearance will be scheduled. At this stage, having an attorney is essential to ensure that your rights are protected and that you understand the charges against you.

Pretrial Motions and Hearings

During the pretrial phase, your attorney will file motions to challenge the prosecution’s evidence, suppress unlawfully obtained evidence, and possibly dismiss the charges. Pretrial hearings provide an opportunity for the defense to argue these motions and for the prosecution to present its case.

Trial

If your case goes to trial, both sides will present their evidence and arguments to a judge or jury. The prosecution must prove your guilt beyond a reasonable doubt, while the defense will challenge the evidence and present its own witnesses and evidence. Your attorney will cross-examine the prosecution’s witnesses and work to create reasonable doubt in the minds of the jurors.

Sentencing

If you are found guilty, the court will impose a sentence based on the severity of the crime, your criminal history, and any mitigating or aggravating factors. Sentencing can include fines, probation, community service, and imprisonment. Your attorney can advocate for a lenient sentence and explore alternatives to incarceration.

Benefits of Having an Attorney

Having an experienced criminal defense attorney is critical to navigating the complexities of the legal system and protecting your rights. An attorney can provide invaluable assistance in several ways:

– Legal Knowledge: An attorney understands the laws and procedures relevant to your case and can provide informed advice on your options.

– Strategic Defense: An attorney can develop a strategic defense tailored to the specifics of your case, identifying weaknesses in the prosecution’s case and presenting compelling evidence on your behalf.

– Negotiation Skills: An attorney can negotiate with the prosecution for reduced charges or alternative sentencing options, such as probation or community service.

– Emotional Support: Facing criminal charges can be overwhelming. An attorney provides emotional support and guidance throughout the legal process.

Potential Legal Defenses

There are several potential legal defenses that can be used to challenge criminal charges. The best defense strategy will depend on the specifics of your case. Common 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.

– Self-Defense: Arguing that you acted in self-defense to protect yourself or others from harm.

– Alibi: Providing evidence that you were elsewhere when the crime was committed.

– Constitutional Violations: Challenging evidence obtained in violation of your constitutional rights, such as unlawful searches and seizures or failure to provide Miranda warnings.

Relevant Illinois Criminal Defense FAQs

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 an attorney. Contact an experienced 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 in a criminal case, it is generally not advisable. Criminal cases are complex, and the legal process can be challenging to navigate without legal training. An experienced criminal defense attorney can provide the knowledge, skills, and resources necessary to effectively defend against the charges and achieve the best possible outcome.

How can a criminal conviction impact my life?  

A criminal conviction can have severe and long-lasting consequences. It can result in fines, imprisonment, probation, and a permanent criminal record. A criminal record can affect your employment opportunities, housing options, and personal relationships. It can also result in the loss of certain rights, such as the right to vote or possess firearms.

What is the difference between a misdemeanor and a felony?  

Misdemeanors are less serious offenses that are punishable by up to one year in jail and/or fines. Felonies are more serious offenses that can result in longer prison sentences, substantial fines, and other severe penalties. The classification of an offense as a misdemeanor or felony depends on the severity of the crime and the circumstances surrounding it.

Can I get my criminal record expunged?  

Expungement is the process of having a criminal record sealed or erased. In Illinois, not all offenses are eligible for expungement. An experienced criminal defense attorney can review your case and determine if you qualify for expungement or other forms of record relief.

What is a plea bargain? 

A plea bargain is an agreement between the defendant and the prosecution in which the defendant agrees to plead guilty to a lesser charge or receive a reduced sentence in exchange for avoiding a trial. Plea bargains can be beneficial in reducing the severity of the penalties and resolving the case more quickly.

Why Defendants Need an Attorney

Facing criminal charges without an attorney is a significant mistake that can result in severe consequences. An experienced criminal defense attorney can provide invaluable assistance in several ways:

– Protecting Your Rights: An attorney ensures that your constitutional rights are protected throughout the legal process, from the initial investigation to the trial and sentencing.

– Developing a Strategic Defense: An attorney can identify weaknesses in the prosecution’s case, present compelling evidence on your behalf, and develop a defense strategy tailored to the specifics of your case.

– Negotiating with the Prosecution: An attorney can negotiate with the prosecution for reduced charges or alternative sentencing options, such as probation or community service.

– Providing Emotional Support: Facing criminal charges can be overwhelming. An attorney provides guidance and support throughout the legal process, helping you make informed decisions and navigate the challenges ahead.

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

If you are facing criminal charges in Highland Park, 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 Highland Park, 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.