Criminal Defense

Being charged with a crime is frightening, and part of the fear comes from not knowing what happens next. This page explains how a criminal case moves through the Illinois courts and what a defense lawyer does at each stage. It is general information, not advice about your case.

What happens after an arrest

Police may arrest a person with or without a warrant. After an arrest you have two rights that matter more than any others: the right to stay silent, and the right to a lawyer. You do not have to explain, apologize or clear anything up. Saying that you want a lawyer is not an admission of anything, and it is not rude.

Illinois no longer uses cash bail. A judge decides instead whether a person waits for trial at home or in custody, and on what conditions. That decision is made quickly, often within a day or two of the arrest, and it is one of the first places where having a lawyer present changes what the court hears.

How a case is put together

A criminal case in Illinois is either a misdemeanor or a felony. Misdemeanors are handled in one courtroom from beginning to end. Felonies start with a preliminary hearing or a grand jury, where the State has to show there is enough evidence to go forward, and only then move to the courtroom where the case is tried.

Between those dates most of the work is invisible from the outside. We ask the State for its evidence — reports, body camera footage, 911 recordings, forensic results — and we read all of it. We look at how the stop was made, how a search was carried out, how statements were taken, and whether the people who took them followed the rules. Where something was done improperly, we file a motion and ask the judge to keep that evidence out.

What resolving a case can look like

Not every case ends in a trial, and not every case should. Charges are sometimes dismissed. Sometimes the right result is a negotiated plea to a lesser charge, or a supervision or diversion program that leaves no conviction behind. Sometimes the honest answer is that the State cannot prove its case and the matter belongs in front of a jury. Which of these fits depends on the facts, on your record, and on what you need to protect — a job, a professional license, a visa, a family.

If you are not a United States citizen

A criminal charge and an immigration case are separate proceedings, but each affects the other. A plea that looks harmless in criminal court can make a lawful permanent resident removable, or block an application years later. Because this office handles criminal defense and immigration together, we look at the immigration consequences before anything is agreed, not afterwards.

Matters in this area

• Driving under the influence, and the license suspension that runs beside it
• Domestic battery and orders of protection
• Theft, retail theft, burglary and damage to property
• Sex offense allegations, including cases still under investigation
• Child abduction and interference with parenting time

The next step

Bring the papers you were given — the ticket, the complaint, the release conditions, the notice with your court date — and we will read them with you. If your first court date is close, say so when you call. A first consultation is a conversation, and you will leave it knowing what the next date is for.