Wheaton Criminal Defense Attorney

Criminal Defense Lawyer in Wheaton, Illinois

As a dedicated criminal defense attorney in Wheaton, Illinois, I understand the immense pressure and fear that come with facing criminal charges. Whether you are charged with a misdemeanor or a felony, the stakes are high, and the consequences can be severe. My goal is to provide comprehensive legal representation, ensuring that your rights are protected at every step of the legal process. I will now cover the various aspects of criminal defense, from the initial arrest to the trial process, and the importance of having experienced legal counsel by your side.

Understanding Criminal Offenses and Relevant Statutes

Criminal offenses in Illinois are governed by a range of statutes, each addressing different types of crimes and their associated penalties. Below, we will discuss several common criminal offenses, the relevant statutes, and the penalties that can result from a conviction.

Assault and Battery

Assault and battery are serious offenses that can lead to significant legal consequences. Illinois law distinguishes between simple assault and aggravated assault, with the latter involving more severe circumstances such as the use of a weapon or causing significant bodily harm. Aggravated battery, which can include battery of a child, an unborn child, a law enforcement officer, or an elderly victim, is treated with even greater severity. The statutes governing these offenses include 720 ILCS 5/12-1 (assault) and 720 ILCS 5/12-3 (battery).

Arson

Arson involves the intentional burning of property and is considered a serious felony in Illinois. The law, under 720 ILCS 5/20-1, covers various degrees of arson, including residential arson and arson on federal property. The penalties for arson can range from several years in prison to life imprisonment, depending on the circumstances and whether the act caused injury or death.

Drug Crimes

Drug offenses encompass a wide range of activities, from possession and trafficking to manufacturing and distribution. Illinois has strict drug laws, outlined in 720 ILCS 570, that address the possession, sale, and distribution of controlled substances such as heroin, cocaine, marijuana, and prescription drugs. Penalties for drug crimes can include lengthy prison sentences, substantial fines, and mandatory drug education or treatment programs.

Domestic Violence

Domestic violence charges are taken very seriously in Illinois. The laws, under 720 ILCS 5/12-3.2 and 720 ILCS 5/12-3.3, cover offenses such as domestic battery, aggravated domestic battery, and domestic assault. Convictions can result in imprisonment, mandatory counseling, restraining orders, and a permanent criminal record that affects various aspects of life, including employment and housing.

DUI/Drunk Driving

Driving under the influence (DUI) is a common but serious offense in Illinois. The statute 625 ILCS 5/11-501 governs DUI laws, outlining penalties for driving with a blood alcohol concentration (BAC) over the legal limit of 0.08%. Consequences of a DUI conviction can include fines, jail time, license suspension, and mandatory participation in alcohol education programs.

Federal Crimes

Federal crimes are prosecuted under federal law and can include offenses such as federal assault, extortion, interstate stalking, kidnapping, mail fraud, manslaughter, and unlawful possession of firearms. Federal charges often carry harsher penalties than state charges, including longer prison sentences and higher fines. Defending against federal charges requires a deep understanding of federal statutes and procedures.

Property Crimes

Property crimes, such as vandalism, criminal defacement of property, criminal trespass to land, and criminal damage to property, are governed by various statutes in Illinois. These offenses can result in fines, restitution, community service, and imprisonment. The severity of the penalties often depends on the extent of the damage and the value of the property involved.

Theft and Fraud

Theft and fraud offenses encompass a wide range of activities, including identity theft, credit card fraud, retail theft, possession of a stolen motor vehicle, receiving stolen property, and theft of government property. Illinois statutes such as 720 ILCS 5/16-1 (theft) and 720 ILCS 5/17-1 (fraud) outline the penalties for these crimes, which can range from fines and restitution to lengthy prison sentences.

Sex Crimes

Sex crimes, including aggravated sexual battery, internet child exploitation, predatory criminal sexual assault of a child, child pornography, criminal sexual abuse, and criminal sexual assault, are governed by statutes such as 720 ILCS 5/12-12. Penalties for sex crimes are severe, often including long prison sentences, mandatory 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, are covered by Illinois traffic laws. Penalties for traffic violations can include fines, license suspension, community service, and imprisonment, especially if the violation results in injury or death.

Violent Crimes

Violent crimes, including murder, robbery, burglary, home invasion, manslaughter, involuntary manslaughter, kidnapping, human trafficking, and vehicular hijacking, are some of the most serious offenses under Illinois law. Statutes such as 720 ILCS 5/9-1 (murder) and 720 ILCS 5/10-1 (kidnapping) outline severe penalties, including long prison sentences, life imprisonment, and even the death penalty.

White Collar Crimes

White collar crimes, such as bribery, check fraud, computer fraud, counterfeiting, credit card fraud, embezzlement, federal bank fraud, forgery, insurance fraud, money laundering, and visa fraud, are governed by various statutes. Penalties for white collar crimes can include fines, restitution, and imprisonment, as well as significant damage to one’s professional reputation.

Weapons Charges

Weapons charges, including 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, are covered by statutes such as 720 ILCS 5/24-1. Penalties for weapons charges can include imprisonment, fines, and a permanent criminal record.

How Criminal Cases Begin and the Investigation Process

Criminal cases typically begin with a complaint or report to law enforcement. This can result from a traffic stop, a domestic disturbance, a routine patrol, or a tip from a concerned citizen. Once law enforcement is involved, they will conduct an investigation to gather evidence and determine whether there is probable cause to make an arrest.

The investigation process can involve various methods, including interviewing witnesses, collecting physical evidence, conducting surveillance, and reviewing documents. Law enforcement officers may also use forensic techniques, such as fingerprint analysis, DNA testing, and digital forensics, to build their case.

Once sufficient evidence is gathered, law enforcement will present their findings to the prosecutor’s office. The prosecutor will review the evidence and decide whether to file formal charges. If charges are filed, the defendant will be taken into custody or issued a summons to appear in court.

The Arrest Process

The arrest process begins when law enforcement officers have probable cause to believe that a crime has been committed. This can occur at the scene of the crime or after an investigation has been conducted. During an arrest, the officer will inform the suspect of their rights, commonly known as Miranda rights, which include the right to remain silent and the right to an attorney.

The suspect will then be taken into custody and transported to a police station or detention facility for booking. The booking process involves recording the suspect’s personal information, taking fingerprints and photographs, and conducting a search for weapons or contraband. The suspect will be held in custody until they can appear before a judge for an initial hearing, also known as an arraignment.

Penalties and Punishments if Convicted in Illinois

The penalties for criminal convictions in Illinois vary depending on the severity of the offense and the defendant’s prior criminal history. Penalties can include fines, restitution, community service, probation, and imprisonment. In some cases, the court may impose additional penalties, such as mandatory counseling, drug treatment programs, or electronic monitoring.

For misdemeanor offenses, penalties typically include fines of up to $2,500 and imprisonment for up to one year. Felony offenses carry harsher penalties, with fines ranging from $25,000 to $100,000 and imprisonment for one year to life, depending on the class of felony and the specific circumstances of the case.

In addition to these penalties, a criminal conviction can have other long-term consequences. A conviction can result in a permanent criminal record, which can affect employment opportunities, housing options, and eligibility for certain professional licenses. It can also impact personal relationships and social standing within the community.

The Criminal Trial Defense Process in Illinois

The criminal trial defense process in Illinois begins with the initial hearing, where the defendant is formally charged and enters a plea of guilty, not guilty, or no contest. If the defendant pleads not guilty, the case will proceed to the pretrial phase, where both the defense and prosecution gather evidence, file motions, and engage in plea negotiations.

During the pretrial phase, the defense attorney will review the evidence, interview witnesses, and develop a defense strategy. This may involve filing motions to suppress evidence, dismiss charges, or obtain additional discovery materials. The goal is to identify weaknesses in the prosecution’s case and work towards a favorable resolution for the defendant.

If the case proceeds to trial, both sides will present their evidence and arguments before a judge or jury. The prosecution must prove beyond a reasonable doubt that the defendant committed the crime. The defense attorney will challenge the prosecution’s evidence, cross-examine witnesses, and present evidence to support the defendant’s case.

If the defendant is found guilty, the court will impose a sentence based on the severity of the offense, the defendant’s prior criminal history, and any aggravating or mitigating factors. The defense attorney may advocate for leniency, such as probation or community service, to minimize the impact of the conviction on the defendant’s life.

The Benefits of Having an Attorney

Having an experienced criminal defense attorney by your side is crucial when facing criminal charges. An attorney can provide invaluable assistance by protecting your rights, developing a strategic defense, and working towards achieving a favorable resolution.

An attorney can help you understand the charges against you, the potential penalties, and the legal process. They can also negotiate with the prosecution for reduced charges or alternative sentencing options, such as probation or community service. In addition, an attorney can represent you in court, challenging the prosecution’s evidence and presenting a robust defense on your behalf.

Potential Legal Defenses

Defending against criminal charges requires a strategic approach tailored to the specifics of the case. Potential legal defenses can include challenging the legality of the arrest, questioning the accuracy and reliability of evidence, and demonstrating that the defendant did not commit the crime.

One effective defense is to challenge the legality of the arrest. The Fourth Amendment protects individuals from unreasonable searches and seizures, meaning that law enforcement must have probable cause to make an arrest. If the arrest was made without probable cause, any evidence obtained as a result may be inadmissible in court.

Another defense is to question the accuracy and reliability of evidence. This can involve challenging the validity of witness testimony, the accuracy of forensic tests, or the integrity of physical evidence. The defense attorney may also present evidence that contradicts the prosecution’s case, such as an alibi or evidence of self-defense.

FAQs about Criminal Defense in Illinois

What should I do if I am arrested?
If you are arrested, it is important to remain calm and cooperate with law enforcement officers. Exercise your right to remain silent and ask for an attorney. Avoid making any statements or answering questions without your attorney present.

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.

What are my rights if I am charged with a crime?
If you are charged with a crime, you have several rights, including the right to remain silent, the right to an attorney, the right to a fair and speedy trial, the right to confront and cross-examine witnesses, and the right to be presumed innocent until proven guilty.

Why Choose Us?

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 Elgin, 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 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.