Rolling Meadows Criminal Defense Lawyer

Criminal Defense Attorney in Rolling Meadows, Chicago, Illinois

Rolling Meadows, nestled in Cook County and a suburb of Chicago, is a bustling city that maintains its suburban charm while providing easy access to the metropolitan area. Known for its friendly neighborhoods and growing business community, Rolling Meadows is also home to a highly active courthouse, where individuals charged with criminal offenses face serious legal consequences. Being charged with a crime in Rolling Meadows can have long-lasting effects on one’s personal and professional life, and having an experienced Chicago criminal defense attorney on your side is critical to defending your rights.

The Law Offices of David L. Freidberg has decades of experience defending clients in Rolling Meadows and throughout Cook County, helping individuals navigate the complexities of Illinois criminal law and securing favorable outcomes in challenging cases.

Illinois Criminal Law: Offenses and Penalties

Illinois criminal law is governed by the Illinois Compiled Statutes (ILCS), a set of laws that defines what constitutes criminal behavior and the penalties for those convicted. Crimes in Illinois are divided into two broad categories: misdemeanors and felonies, each with its own set of potential penalties.

Assault and Battery (720 ILCS 5/12)

Assault is defined as an intentional act that causes another person to fear imminent bodily harm, while battery involves actual physical contact. Assault is typically classified as a Class C misdemeanor, which carries a penalty of up to 30 days in jail and a $1,500 fine. Aggravated assault, where a weapon is involved or the victim is a protected individual, can result in felony charges with significantly harsher penalties.

Battery, on the other hand, is a Class A misdemeanor, punishable by up to one year in jail and fines up to $2,500. If aggravated or involving serious bodily harm, battery can escalate to a Class 3 felony, carrying a potential prison sentence of two to five years.

Drug Crimes (720 ILCS 570)

Drug offenses in Illinois vary based on the type and amount of the substance involved, as well as the intent of the person in possession. Simple possession of small amounts of marijuana, for instance, may result in a civil citation or Class B misdemeanor, while possession of controlled substances like heroin or cocaine can lead to felony charges.

Possession with intent to distribute or trafficking carries even steeper penalties, often leading to Class X felony charges, which could result in six to 30 years in prison without the possibility of probation.

Domestic Violence (720 ILCS 5/12-3.2)

Domestic violence involves harming or threatening harm to a family or household member. In Illinois, this is taken very seriously, with domestic battery charges often resulting in a Class A misdemeanor for a first offense. However, repeat offenders or those who cause significant harm can face felony charges, leading to extended jail time and substantial fines.

DUI/Drunk Driving (625 ILCS 5/11-501)

Driving under the influence (DUI) is one of the most commonly charged offenses in Rolling Meadows. Illinois law sets a legal BAC limit of 0.08%, and those caught driving above this limit can face a Class A misdemeanor for a first offense. Penalties for a DUI conviction include up to one year in jail, fines up to $2,500, and license suspension. Aggravated DUI, such as DUI causing serious injury or driving with a child passenger, can elevate the charge to a Class 2 felony.

Sex Crimes (720 ILCS 5/11)

Sex crimes in Illinois, including sexual assault, statutory rape, and child pornography, are prosecuted harshly and can result in lengthy prison sentences, substantial fines, and mandatory registration as a sex offender. For example, a conviction for criminal sexual assault (720 ILCS 5/11-1.20) can lead to a Class 1 felony, punishable by up to 15 years in prison.

White Collar Crimes (720 ILCS 5/16)

White-collar crimes, including embezzlement, fraud, and identity theft, are non-violent offenses that still carry significant penalties. These crimes often involve large sums of money or property and can result in felony charges, including Class 1 or Class 2 felonies, depending on the severity of the offense and the amount stolen. A conviction can lead to years in prison, heavy fines, and damage to one’s reputation.

How Criminal Cases Begin in Illinois

Criminal cases in Illinois typically begin with an arrest or issuance of a summons to appear in court. In most situations, law enforcement initiates an investigation after receiving a complaint or witnessing a crime in progress. The investigation may include gathering witness statements, collecting physical evidence, and conducting interviews with suspects.

Once law enforcement believes there is sufficient evidence, the suspect may be arrested and charged with a crime. At this point, the defendant will be taken into custody and booked, with the case moving forward through the criminal justice system. Having a defense attorney early in this process is essential, as it allows your legal team to intervene before charges are filed or to advocate for lesser charges.

Criminal Trial Defense Process in Illinois

After an arrest, the case moves to the arraignment stage, where the defendant is formally charged, and a plea is entered. If the plea is not guilty, the case proceeds to the pretrial phase, where both sides exchange evidence during discovery. The defense attorney may file motions to dismiss charges or suppress evidence, particularly if the investigation or arrest involved violations of the defendant’s constitutional rights.

During trial, the prosecution must prove the defendant’s guilt beyond a reasonable doubt, a high standard that requires substantial evidence. The defense attorney works to challenge this evidence, cross-examine witnesses, and present alternative theories to raise doubt about the prosecution’s case. If convicted, the sentencing phase determines the penalties, which can range from probation to imprisonment depending on the severity of the crime.

Evidence Collected in Criminal Cases

Law enforcement collects various types of evidence in criminal cases, including:

• Physical evidence, such as weapons, drugs, or stolen property, is gathered during searches or following an arrest.
• Eyewitness testimony from individuals who witnessed the alleged crime or events leading up to the arrest.
• Video and audio recordings, such as surveillance footage or body camera recordings from police officers, are often used to show the actions of both the suspect and law enforcement.
• Forensic evidence, including DNA, fingerprints, and ballistics, plays a critical role in many criminal investigations and can either incriminate or exonerate a suspect.

The defense attorney’s role is to challenge the validity, accuracy, and admissibility of this evidence, especially if it was obtained in violation of the defendant’s rights.

Why You Need a Criminal Defense Attorney

Facing criminal charges is a daunting experience that can impact your freedom, reputation, and future. Without a defense attorney, you are at a significant disadvantage, as the prosecution will use all resources available to secure a conviction. An experienced criminal defense attorney will:

• Protect your rights: Ensure that your constitutional rights are upheld throughout the legal process.
• Challenge the prosecution’s evidence: Identify weaknesses in the case against you and seek to have inadmissible evidence excluded.
• Negotiate on your behalf: Work with the prosecutor to potentially reduce charges or secure a plea deal that minimizes the consequences.
• Represent you in court: If your case goes to trial, your attorney will advocate for your defense and present your case in the most favorable light.

Potential Legal Defenses in Criminal Cases

The type of defense used in a criminal case depends on the nature of the charges and the evidence against you. Some common defenses include:

• Self-defense: Used in cases of assault or battery, this defense argues that the defendant’s actions were necessary to protect themselves from harm.
• Unlawful search and seizure: If evidence was obtained without a valid search warrant or probable cause, it may be suppressed, weakening the prosecution’s case.
• Mistaken identity: In cases of robbery, assault, or other violent crimes, the defense may argue that the defendant was mistakenly identified by witnesses or law enforcement.
• Entrapment: This defense applies when law enforcement officers induce a person to commit a crime they would not have otherwise committed.

Qualities to Look for in a Criminal Defense Attorney

Choosing the right attorney is crucial for your defense. You should look for an attorney with:

• Extensive experience: Handling cases similar to yours and a deep understanding of Illinois criminal law.
• Strong communication skills: Ensuring you are kept informed throughout the legal process and understand your options.
• A successful track record: Demonstrating the ability to achieve positive outcomes in court or through plea negotiations.

Questions to Ask in a Free Consultation

When meeting with a potential criminal defense attorney, you should ask:

• How many cases like mine have you handled?
• What are the potential outcomes for my case?
• How do you plan to defend me?
• Will you personally handle my case or assign it to another attorney?

Rolling Meadows Criminal Defense FAQs

Can I get my criminal record expunged in Illinois? Some criminal convictions can be sealed or expunged, but this depends on the nature of the crime and your criminal history. Felonies and violent crimes are generally not eligible for expungement.

What happens if I violate probation? Probation violations can lead to severe consequences, including revocation of probation and imposition of the original sentence. You will need a skilled attorney to defend against these allegations.

Can a criminal conviction affect my job prospects? Yes. A criminal conviction can appear on background checks and make it difficult to secure employment, housing, or professional licenses.

Call Us 24/7 For Your Free Consultation

If you are facing criminal charges in Rolling Meadows or anywhere in Chicago, the Law Offices of David L. Freidberg can help. We provide aggressive, experienced criminal defense representation and offer 24/7 free consultations. Contact us today at (312) 560-7100 or toll-free at (800) 803-1442. We serve clients in Rolling Meadows, Cook County, DuPage County, Will County, Lake County, and the greater Chicago area.