Can a Chicago Lawyer Really Stop Charges Before They’re Filed?

Insights for Chicago Residents Under Investigation

If you’re being investigated for a crime in Chicago but haven’t yet been charged, you may feel like you’re living in limbo. You might be receiving calls from police detectives. You might have had your phone searched or your car towed. You could even be hearing rumors that you’re going to be arrested. It’s a terrifying place to be—especially when you don’t know what comes next. The good news is that you’re not powerless. In Illinois, and especially in Cook County, hiring a criminal defense attorney before charges are filed can sometimes stop the case before it even starts.

At The Law Offices of David L. Freidberg, we’ve worked with hundreds of individuals in your exact position—people under investigation, but not yet charged. The most common thing we hear is: “Do I really need a lawyer if I haven’t been arrested?” The answer is yes, and in some cases, early legal intervention is the one thing that prevents your life from being turned upside down. This isn’t about luck or waiting to see what happens. It’s about taking control before the criminal justice system takes control of you.

What Happens Before Charges Are Filed in Illinois?

In Illinois, criminal charges don’t appear out of thin air. They usually begin with an accusation, a police report, or a tip that sparks an investigation. The Chicago Police Department, Cook County Sheriff’s Office, or another agency will begin gathering evidence. That can involve witness interviews, surveillance, digital data collection, or subpoenas for bank records or phone logs.

Once police think they have enough evidence, they present the case to the Cook County State’s Attorney’s Office. Prosecutors then decide whether to file formal charges based on the evidence provided. In some cases, they file charges by criminal complaint or indictment. In others, they may decline to prosecute due to weak evidence, lack of cooperation from witnesses, or questions about the legality of the investigation.

That “gray zone” between the investigation and charging decision is where a criminal defense lawyer can make the biggest impact. If the evidence is questionable or if your lawyer can present alternative facts, the prosecutor may decide not to pursue the case at all.

Why Early Legal Action Can Make the Difference

You don’t have to wait for handcuffs to get legal help. In fact, waiting until charges are filed can mean lost opportunities. Once prosecutors file charges, the case enters the public court system. That means arraignment, bail hearings, public records, and often a judge who may not be sympathetic to your situation.

But if you bring in a defense lawyer early—while the police are still investigating or while the case is still sitting on a prosecutor’s desk—you have a chance to influence the outcome. Your attorney can speak with detectives and present reasons not to pursue the case. In many situations, people are wrongfully accused by someone with a motive to lie. In others, video footage or cell phone records tell a different story than the one police believe. Your attorney can assemble these facts and present them directly to the State’s Attorney before anything becomes official.

This proactive approach often prevents:

Arrests and warrants
Public exposure
Jail time
Damage to your employment or family
Permanent criminal records

In short, you may be able to walk away without a single charge if your lawyer gets involved early enough.

What Types of Cases Are Most Likely to Be Stopped?

Not every criminal case can be stopped before charges are filed, but many can—especially when the evidence is circumstantial, the accusation is questionable, or the alleged offense is non-violent. Some of the cases we’ve successfully shut down before charges were filed include:

Domestic violence cases where the accuser later recants
Retail theft accusations based on mistaken identity
Drug possession allegations after an illegal search
White-collar crimes based on incomplete or flawed audits
DUI investigations where no breath test was administered
Juvenile offenses where the child made a mistake but has no record

In these cases, the evidence wasn’t strong enough to support prosecution once we intervened. But without a lawyer, the prosecutor may have never heard the full story. That’s why early action is key.

Police Tactics: Why You Should Never Go It Alone

One of the biggest dangers in the pre-charge phase is agreeing to talk to police without an attorney. Police will often tell you that you’re not under arrest and that you can “clear this up quickly.” What they don’t tell you is that anything you say can and will be used against you—even if you’re not in custody.

Detectives are trained to get you to talk. They may say they have witnesses or evidence when they don’t. They may say they’ll “help you” if you cooperate. But once you say something that supports their case, the wheels of prosecution begin turning.

When you have a defense attorney, police cannot interview you without your lawyer present. Your attorney can review what police actually have and help you avoid self-incrimination. Many times, the best thing you can do is stay silent—and let your lawyer do the talking.

What a Criminal Defense Lawyer Can Do Before Charges Are Filed

You may be wondering what exactly a lawyer can do if no charges have been filed yet. Here’s how we help:

Contact police or prosecutors to find out the status of the investigation
Identify if you’re the target, subject, or witness in an investigation
Investigate the allegations independently and gather favorable evidence
Present facts to prosecutors that cast doubt on the accusation
Negotiate alternative resolutions, such as civil agreements or restitution
Prevent the filing of charges by dismantling the narrative before it gains momentum

In short, we can often stop charges from being filed—or reduce their severity—by being proactive, strategic, and aggressive before a case reaches the courtroom.

What Happens If Charges Are Filed Anyway?

Even with early intervention, there’s no guarantee charges will be avoided. But if your lawyer has been involved from the beginning, your defense starts from a position of strength. We already know the facts, we’ve preserved evidence, and we’ve built rapport with prosecutors. That gives us leverage in fighting for dismissal, reduction, or diversion options.

And if the case proceeds to trial, we’re not starting from scratch. We’ve already built a defense and are prepared to go the distance.

Why This Matters More in a City Like Chicago

Chicago is one of the largest prosecutorial jurisdictions in the country. The volume of cases is massive, and decisions about charging often come down to resources, priorities, and community pressure. Prosecutors are human—they’re more likely to drop a case when a defense lawyer presents clear reasons not to pursue it.

Without a lawyer, you’re just a file in a pile. With a lawyer, you’re a person with a story, a defense, and a legal advocate who knows how the system works.

You Don’t Need to Be a Criminal to Need a Criminal Lawyer

Many people who contact our firm have never been arrested before. They’re professionals, students, parents, or business owners. A criminal accusation can come out of nowhere—from a messy breakup, a misunderstanding, or a traffic stop that got out of control.

No one should be judged by one incident. But the criminal justice system often does just that. If you’re innocent or made a mistake, you deserve a defense before prosecutors stamp your file and move you through the system.

Hiring a lawyer early shows you take the situation seriously. It may be the difference between explaining a misunderstanding and trying to fight a felony in court.

Free Consultation. No Arrest Necessary. Just Answers.

At The Law Offices of David L. Freidberg, we help good people in bad situations every day. If you suspect you’re under investigation, or if police have contacted you about an accusation, don’t wait for charges to be filed.

Call us 24/7 for a free, confidential consultation at (312) 560-7100 or toll-free at (800) 803-1442. We’ll listen to your story, explain your rights, and take immediate steps to protect your future.

We serve clients throughout Chicago, Cook County, DuPage County, Lake County, and Will County. If you need help, we’re ready.

If you are being investigate for a crime in Chicago or anywhere in Illinois, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling criminal cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.

Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.