Criminal Law FAQs

A criminal defense lawyer protects you at every stage of a case, from the moment you think you might be investigated through trial or resolution. That includes advising you on what to say (or not say), dealing with police and prosecutors, investigating the facts, filing motions, negotiating possible resolutions, and, if necessary, taking the case to trial.
You should contact a lawyer as early as possible and ideally before speaking to police. I’ve seen many cases where charges could have been avoided or improved if a suspect had a lawyer involved early. Waiting almost always limits your options.

The main difference is the seriousness of the charge and the potential penalties.
A misdemeanor is less serious and can carry up to 364 days in jail, along with fines, probation, or supervision. A felony is more serious and can result in a prison sentence, often for years, along with long-term consequences like a permanent criminal record.
Even though misdemeanors are considered “less serious,” they can still have major consequences, so they should be treated seriously from the start.

In Cook County, the process usually starts with an arrest or a notice to appear in court. From there, a judge determines conditions of release. The case then moves through court dates where evidence is reviewed, motions may be filed, and negotiations may take place.
Some cases are resolved through dismissal or agreement. Others proceed to trial, either before a judge or a jury. At every stage, there are opportunities to challenge the case and improve the outcome, which is why strategy early on matters.

No. You have the right to remain silent, and in most situations, that is the safest choice.
If police want to question you, the best thing you can do is politely say that you want a lawyer and stop answering questions. Many people think they can explain their way out of a situation, but in reality, statements often end up being used against them.

You have several important rights, including:
the right to remain silent
the right to an attorney
the right to be treated fairly and humanely
the right to be presumed innocent
the right to a hearing and a defense
One of the most important rights is the ability to have a lawyer present before answering any questions. Exercising that right can make a significant difference in your case.

Missing a court date can result in a warrant being issued for your arrest. Violating bond or release conditions can lead to being taken back into custody or having stricter conditions imposed.
If something happens and you miss a date or think you may be in violation, it’s important to address it immediately. These situations can often be managed, but ignoring them usually makes things worse.

In Illinois, the system has changed significantly, and traditional cash bail is no longer the focus. Instead, the court looks at whether a person should be released and under what conditions.
The judge considers factors like the nature of the charge, prior record, ties to the community, and whether the person is considered a risk to others or a flight risk. In some cases, it is possible to argue for less restrictive conditions or for release if the initial decision was too harsh.

In many cases, yes. Illinois law allows for expungement or sealing of certain cases, depending on how the case was resolved and your overall record.
Some cases can be completely erased (expunged), while others can be hidden from public view (sealed). The eligibility rules can be technical, so it’s important to review your specific situation wit an experienced criminal defense attorney.

A plea bargain is an agreement between the defense and the prosecution to resolve a case without going to trial, usually with reduced charges or penalties.
Whether you should consider one depends on the strength of the case, the risks of trial, and your personal goals. In some situations, a negotiated resolution makes sense. In others, it’s better to fight the case. The key is making an informed decision based on all the facts. This is where an experienced criminal lawyer can guide you to the best decision.

State charges involve violation of state law. Federal cases involve violations of federal law and are prosecuted in federal court. State case in Chicago go to one of the various criminal court locations while federal cases are handled downtown at the Dirksen Federal Building.
Both state and federal charges can be very serious and so it is critical to speak to a qualified criminal defense attorney before proceeding.

Criminal charges can have consequences beyond the courtroom.
They can affect employment, professional licenses, housing, and, in some cases, immigration status. Certain charges or convictions can lead to license suspension or immigration consequences, even if the penalties in court seem relatively minor.
That’s why it’s important to look at the full picture, not just the immediate case.

The earlier a lawyer gets involved, the more opportunities there are to influence the outcome.
Early involvement can help protect your rights, prevent damaging statements, guide you through the process, and in some cases, even prevent charges from being filed. Waiting often means reacting to a situation instead of shaping it.

Bring anything related to your case, including:
police reports or paperwork
court notices
bond or release documents
any evidence, messages, or photos
a timeline of what happened
Even if you don’t have much, just be prepared to explain what happened as clearly as you can.

Honesty and communication are the most important things.
Your lawyer needs to know all the facts—good and bad—to properly defend you. It’s also important to stay in contact, follow advice, and provide any information or documents requested.
The strongest cases are built when the attorney and client are working together with complete trust and clear communication.

I have nearly 30 years experience handling criminal law cases. I spent the first 8 years of my career as a criminal prosecutor. I have spent the last 22 years defending clients in court. I believe my experience as both a prosecutor and a criminal defense attorney make me uniquely qualified to obtain the best results.

I only handle criminal law cases. That is what I know and what I have done for 30 years. If you are facing criminal charges and your freedom is one the line, it is best to hire an attorney that focuses only on criminal cases.

I have handled a wide range of criminal cases over the course of my career, from the most serious offenses, including murder and criminal sexual assault, to less serious charges such as retail theft, and everything in between.
A significant portion of my practice involves cases like domestic violence, weapons charges, drug offenses, and theft-related crimes. Because of my background as a former Cook County prosecutor, I’ve seen these cases from both sides, which helps me anticipate how they will be handled and how best to defend them.

Yes. With over 30 years of experience in Cook County, I’ve worked with many of the judges and prosecutors across different courthouses and branch courts.
While judges and prosecutors do change over time, I make it a point to stay current and maintain professional relationships. Just as important, I understand how different courtrooms operate because procedures, expectations, and even negotiation styles can vary depending on the location and the people involved.
That familiarity can make a meaningful difference in how a case is approached and resolved.

My first obligation in every case is to do everything I can to keep my client out of jail. Beyond that, I focus on positioning the case so that it does not follow the client for the rest of their life whenever possible.
From the very beginning, I’m doing two things at once. I’m preparing the case as if it may go to trial by analyzing the evidence, identifying weaknesses, and thinking ahead strategically. At the same time, I’m working to obtain the best possible resolution through negotiation so the client has a real choice.
That way, if an offer is made, the client can make an informed decision about whether to accept it or proceed to trial.

That decision depends on the strength of the evidence, the client’s background, and the potential consequences.
If the case against a client is very strong—for example, if there is a statement or clear evidence—then the best approach may be to focus on mitigation. That can include presenting the client in the best possible light through character letters and background information to try to achieve the most favorable outcome.
On the other hand, if the case is weak and there is a strong chance of success at trial, I may recommend fighting the case.
Every situation is different, and my role is to walk the client through the risks and benefits so they can make the right decision for themselves.

Any lawyer who tries to give you a simple win-loss record is not giving you a meaningful answer. I believe I am one of the best lawyers in Cook County and I get outstanding results. That being said, every case is different, and “success” depends on the circumstances. What is considered an excellent result in one case could be unacceptable in another.
For example, I recently handled a double murder case where my client received a sentence of five years and will likely serve less than that. Under those circumstances, that is an outstanding outcome. That same result in a minor case would not be considered successful.
The focus should always be on achieving the best possible outcome based on the facts, the law, and the client’s situation.

I start by listening. My consultations are thorough, and I take the time to understand exactly what happened from the client’s perspective.
From there, I explain the process so the client knows what to expect and doesn’t feel in the dark. As the case progresses, I make it a priority to communicate regularly and update the client as soon as I learn anything new.
My goal is to make sure the client is fully informed and involved in the key decisions, without being overwhelmed by unnecessary details.

Staying current is essential in criminal defense. I regularly review new case law and legal developments to make sure I’m aware of any changes that could affect my clients.
I also stay in contact with other experienced criminal defense attorneys. We often discuss strategy, share insights, and compare experiences in different courtrooms. If there’s a judge or situation that requires a different perspective, I’m not hesitant to consult with colleagues—and they often do the same with me.
That ongoing exchange of information helps ensure that I’m always bringing the most up-to-date and effective approach to each case.

In most cases, I charge a flat fee rather than billing by the hour. I find that clients are much more comfortable knowing upfront what the cost will be, rather than worrying about being billed every time they call or ask a question. Typically, I structure the fee based on whether the case is resolved without a trial or whether it proceeds to trial. If a client prefers an hourly arrangement, I can discuss that, but most people prefer the predictability of a flat fee.

I lay out all fees clearly in a written agreement at the beginning of the case so there are no surprises.
In most situations, the flat fee covers the work necessary to resolve the case short of trial. If the case is set for trial, there is usually an additional agreed-upon fee.
In some cases, it may be necessary to hire an investigator or an expert witness. Those costs are separate, but they are always discussed with the client in advance, and I would only bring in outside help with the client’s approval. I also make every effort to keep those costs reasonable and only use them when they are truly beneficial to the case.

I offer free consultations, and I do not rush them.
Some consultations are quick, but many last 30 minutes to an hour or longer. I want clients to have the opportunity to fully explain their situation and ask questions without feeling pressured or cut off.

Yes, I do offer payment plans.
Typically, there is an initial payment, often referred to as a retainer and then the remaining balance can be paid over time. In smaller cases, such as retail theft, the full fee may be paid upfront. In more serious cases, such as felony matters, a payment plan is often appropriate.

I do require an initial payment before I begin representing a client in court.
Because I generally work on a flat-fee basis, the fee we agree on is the fee for handling the case. That means there typically is not a situation where part of the fee is refunded, since it is not based on hourly billing.

Communication is a priority in every case.
I make it a point to update clients as soon as I receive any new information from the court, prosecutors, or police. I don’t want clients wondering what’s happening with their case—they should always feel informed and up to date.

If you hire me, you will work directly with me. I handle my cases personally. I will be the one speaking with you, answering your questions, and appearing with you in court. You won’t meet with me initially and then be handed off to someone else.

I make every effort to respond quickly, often within minutes.
If I’m in court or unavailable, I return calls as soon as I can, always on the same day. My office lets callers know that I aim to respond within about 15 minutes, and in most cases, that’s exactly what happens.

You are always welcome to reach out for updates at any time.
At the same time, I take the initiative to contact clients whenever there is any development in the case. Even small updates are important, and I make sure clients are kept informed throughout the process.

I’m flexible and will communicate in whatever way is most comfortable for you.
Many clients prefer text messages because they are quick and convenient. Others prefer phone calls or in-person meetings. Whatever your preference, I make sure to respond promptly and keep communication easy.

Yes. In many cases, charges can be reduced or even dismissed before a case ever reaches trial. That can happen through legal motions, negotiation with the prosecutor, or because of weaknesses in the evidence.
The earlier a lawyer gets involved, the more opportunities there may be to influence that outcome.

Being “charged” is a general term that means the State has formally accused you of a crime.
In Illinois, some cases are filed by what’s called an “information,” meaning the prosecutor files the charge directly. Other cases go through a preliminary hearing, where a judge decides if there is enough evidence to proceed. More serious cases may go to a grand jury, which can return an indictment.
All of these are different ways of formally bringing charges, but they all lead to the same place, the criminal court process.

Probation is a sentence that allows you to remain in the community under court supervision instead of going to jail or prison. It usually comes with conditions, such as reporting to an officer, completing classes, or avoiding further trouble.
Parole, on the other hand, applies after someone has been in prison and is released early under supervision. Violating either probation or parole can result in additional penalties, including jail or prison time. Parole is now referred to as mandatory supervised release.

A conviction can affect much more than just the immediate penalties.
It can impact employment, professional licenses, housing opportunities, and, in some cases, immigration status. It can also remain on your record for years or even permanently, depending on the offense.
That’s why it’s important to think beyond the short-term and consider how a case will affect your future.

You should speak with a lawyer before doing anything else.
Do not contact the police to “clear things up,” and do not make statements without legal advice. Early involvement by a defense attorney can sometimes prevent charges from being filed or limit the damage before a case begins.

In many situations, yes. You generally have the right to refuse consent to a search unless police have a warrant or a legal basis to search without one. If you are asked for permission, you can politely say no.
That said, you should never physically interfere. Simply make it clear that you do not consent.

Miranda rights include your right to remain silent and your right to an attorney before questioning.
Police are required to advise you of these rights before conducting a custodial interrogation. This means if the police have a suspect that is not free to leave and they want to ask questions about a crime, they must read the suspect their rights. If they fail to do so, it may affect whether your statements can be used against you in court but it does not automatically mean your case is dismissed.

No. Even if you are completely innocent, it is usually not in your best interest to speak with the police without a lawyer. People often believe they can explain their way out of a situation, but statements can be misunderstood or used against them later.
The safest approach is to request an attorney and not answer questions.

At an arraignment, you are formally advised of the charges and enter a plea.
A preliminary hearing is where a judge determines whether there is enough evidence for the case to proceed. A pre-trial conference is where the defense and prosecution discuss the case, exchange information, and explore possible resolutions.
Each stage plays a different role, and a lawyer can use each one to challenge the case and work toward the best outcome.

Being falsely accused is serious, but it does not automatically mean a case will be dismissed.
The focus becomes exposing inconsistencies, challenging the credibility of the accusation, and presenting evidence that supports your side. Many cases turn on credibility and evidence, and a strong defense can make a significant difference.

You should dress neatly and conservatively, similar to how you would for a job interview.
In court, be respectful, listen carefully, and follow your lawyer’s guidance. First impressions matter, and how you present yourself can influence how you are perceived by the judge and others in the courtroom.

Yes, in most cases you have the right to change attorneys.
However, timing matters. Changing lawyers close to a court date or trial can be more complicated and may require court approval. It’s important to address concerns early if you’re considering making a change.

A public defender is a licensed attorney appointed by the court to represent individuals who cannot afford to hire a private lawyer.
Public defenders are often skilled and dedicated, but they typically handle a high volume of cases. A private attorney generally has more time to devote to a case and may offer more direct communication and individualized attention.

No, you have the right not to testify.
Whether or not you should testify is a strategic decision that depends on the specific facts of the case. That decision is made carefully, after reviewing all the evidence and considering the risks and benefits.

Yes.
In appropriate cases, mental health or substance abuse issues can be an important part of the defense or resolution. Courts may consider treatment-based alternatives, and presenting that information properly can make a meaningful difference in the outcome.

Yes, a lack of prior record is often an important factor.
Judges and prosecutors typically take into account whether someone has a clean background. In many cases, that can lead to more favorable outcomes, including reduced charges, supervision, or other alternatives like deferred prosecution.

Everything you discuss with your attorney is protected by attorney-client privilege.
I take that responsibility seriously and handle all communications and case information with discretion. Protecting your privacy is an essential part of representation. That being said, when a person is arrested the information is often made public and information about the case can be obtained through the public access computers set up at most court locations. Additionally, courtrooms are open to the public (not juvenile courts). Therefore, it is possible that when a person attends court others will learn some details about their case.

Expungement means the record is erased, as if the case never occurred.
Sealing means the record still exists but is hidden from the public and most employers. Which option is available depends on the type of case and how it was resolved. Even a case that is expunged may be seen by the highest levels of the federal government. For example, even if a case is dismissed and expunged, the immigration department can typically see the arrest. That being said, expungement is an outstanding too for a person to be able to freely enter the job market and pursue most other endeavors.