Best Criminal Defense Lawyers Chicago, IL Of 2024

• Thomas M. Breen
• David L. Friedberg
• Hal M. Garfinkel
• Stephen M. Komie
• Lori Levin
• Saani Mohammed
• Todd S. Pugh
• Stephen L. Richards
• Mitchell Sexner
• Nenye E. Uche

A criminal defense lawyer is a licensed attorney who defends the rights and interests of individuals accused of criminal offenses. They provide crucial assistance by offering strategic advice and legal representation to their clients at all stages of the criminal justice process, from the time of their arrest through trial and any potential appeals.

Experienced attorneys build a strong defense by challenging the evidence and arguments presented by the prosecution, developing credible alternate theories and presenting any justification that may reduce their client’s culpability. They also negotiate with prosecutors for reduced charges or favorable plea deals.

Criminal defense attorneys play a vital role in ensuring that individuals receive a fair and just legal process and that the system itself continues to operate fairly. Their expertise in criminal law and their commitment to protecting the constitutional rights of their clients can greatly impact the outcome of a case, potentially leading to a reduction of penalties or even exoneration and ensuring that all individuals receive the due process they are entitled to by law.

Public Defender vs. Private Criminal Attorney

The Sixth Amendment of the Constitution guarantees the right to have a lawyer represent you during interrogation, trial and sentencing. This right is guaranteed any time you are imprisoned or face imprisonment of at least one year. If you cannot afford to hire a private attorney, the government will appoint an attorney to provide legal representation on your behalf.

In Illinois, most counties employ a dedicated staff of full-time public defenders. The Cook and DuPage County Public Defender’s Offices represent indigent defendants in Chicago charged with violating Illinois criminal laws. The Federal Defender for the Northern District of Illinois represents individuals facing federal charges in Chicago.

Public defenders are experienced in criminal law and have extensive knowledge of the local legal system. However, the number of cases they handle limits the time and attention they can devote to each case. Defendants may not like the attorney assigned to them, who may not have experience in their type of case.

A private defense attorney has more time and resources to dedicate to a case, which generally results in a more tailored (often more effective) defense strategy. However, private attorneys can be expensive, and they do not always have the time or desire to take on your case.

Should You Represent Yourself in a Criminal Case?

While it is legal to represent yourself in a criminal case, it is generally not advisable. Representing yourself, known as appearing “pro se,” has many challenges. The legal system has many rules and procedures that can be difficult to navigate without legal training. Prosecutors and judges are well-versed in the law, putting self-represented individuals at a serious disadvantage.

Even in small cases, like minor traffic violations or simple misdemeanors, consulting with an attorney for advice and guidance can help you understand and possibly mitigate the long-term effects of a conviction or plea. For more serious charges, hiring an experienced criminal defense attorney is essential if you want to avoid severe legal consequences.

A criminal case based on violation of Illinois state law is brought in the county courthouse that has jurisdiction where the alleged crime happened. Although most of Chicago is in Cook County, a few parts are in DuPage County.

• Cook County’s criminal division is headquartered in southwest Chicago at 26th and California, with five additional divisions at courthouses throughout the city and suburbs.
• DuPage cases are handled at the 18th Judicial Circuit courthouse in Wheaton.

Cases based on alleged violations of federal law are handled at the Dirksen Federal Courthouse in downtown Chicago.

In general, the legal process for adult criminal cases in Illinois is as follows.

• Arrest. An arrest by law enforcement officers may follow an investigation, tip or the observance of a crime.
• Booking and Processing. After arrest, the suspect is brought to a police station for booking, which includes fingerprinting, recording personal information and taking a mugshot.
• First Appearance (formerly Bond Court). An arrested person will have a First Appearance hearing before a judge within 48 hours. The time and place depends on the location of the arrest, the nature of the accusation and the day of the week.In 2023, the Illinois Pretrial Fairness Act eliminated the requirement for defendants to deposit cash bail or obtain a bail bond to be released from custody before trial. In most cases, defendants are informed of their next court date and allowed to leave. However, if a judge determines a defendant poses a public safety or willful flight risk, they may be sent to jail until their case goes to trial.
• Filing Formal Charges. Prosecutors will file a document called an “information” to formalize misdemeanor charges on behalf of the state against the defendant. The decision to approve most felony charges is made using grand jury proceedings, in which prosecutors present evidence in secret to a panel of jurors. If enough jurors believe the evidence is sufficient to proceed, they issue an “indictment” formalizing the charges.
• Arraignment. At this court hearing, the defendant is informed of the charges against them and asked to enter a plea of guilty, not guilty or no contest.
• Negotiations. Negotiations and plea bargain discussions usually begin immediately after charges are filed and remain ongoing while the parties prepare for trial.
• Discovery. Both sides will gather and exchange evidence in support of their case, including questioning witnesses, examining physical evidence and conducting lab tests and forensic analysis.
• Pretrial Motions. The defense and prosecution may file motions related to the case, such as motions to suppress evidence, dismiss charges or change venue.
• Pretrial Hearings. Court hearings may be held to address various issues, including the admissibility of evidence, scheduling or other pretrial matters.
• Trial. If the parties cannot negotiate a plea agreement, the court conducts a trial. Both sides present evidence and call witnesses to testify, after which the judge or jury enters a verdict of guilty or not guilty.
• Sentencing. If the defendant is found guilty, the court holds a separate sentencing hearing to determine the punishment, which may include fines, probation, imprisonment or other penalties.
• Appeals. A convicted defendant has the right to appeal the verdict or sentence to a higher court if there are legal grounds to do so.
• Post-Conviction Relief. In some cases, individuals may seek post-conviction relief, which can include motions to vacate a conviction or other legal remedies.

This general outline can vary depending on the nature and complexity of each case and the venue of the proceedings. Representation by an experienced Chicago criminal defense lawyer is crucial at each step of the process to protect your rights and ensure a fair trial.

Resolving a Criminal Case in Illinois

In the state of Illinois, as in other states, many criminal cases are resolved using plea bargains. In a plea bargain, the defendant agrees to plead guilty in exchange for a reduced sentence or a more lenient outcome. Plea agreements can help expedite the legal process and reduce the burden on the court system. However, in these situations defendants may feel pressured into giving up their rights or pleading guilty to crimes they didn’t commit.

If a defendant enters into a plea bargain or is found guilty at trial, they may be subject to a number of different penalties, including probation or prison. Probation is a sentencing option that allows individuals to return to their homes under certain conditions, such as regular check-ins with a probation officer, electronic monitoring, drug testing or other supervision.

In some cases, individuals sentenced to prison for a crime may be eligible for parole. This is a form of supervised release that occurs after an individual has served a portion of their prison sentence. In Illinois, parole is generally managed by the Illinois Department of Corrections. The amount of time served in prison before a person is eligible for parole and the length of parole varies. Sentencing requirements and guidelines in Illinois consider various factors, including the type and severity of the crime, prior criminal history and statutory mandates.

Expungement is a legal process that allows individuals to have their criminal records cleared or sealed, effectively removing certain past arrests, charges or convictions from their publicly available criminal record. The eligibility and process for expungement varies depending on the specific circumstances of each case and the type of offense.

Illinois’ Cannabis Regulation and Tax Act decriminalized cannabis under state law and provided automatic expungement for minor cannabis offenses that did not result in conviction. Minor cannabis offenses that resulted in a conviction may be pardoned by the Governor, expunging the record and removing it from public databases. State’s attorneys can also request that a case be expunged.

For non-cannabis cases, individuals may be eligible for expungement if they were arrested but not charged, charged with a misdemeanor or certain minor felonies or have completed court supervision or certain types of probation. Convictions for more serious offenses are generally not eligible for expungement but may be eligible for record sealing.

Expungement and sealing can be a complex legal process. Consulting with a Chicago criminal defense lawyer with experience in this area of law can help ensure you are eligible and navigate the requirements accurately. Expungement can reduce the stigma associated with a criminal record, helping individuals secure employment, housing and other opportunities.

Choosing a criminal defense attorney is a crucial decision that can significantly impact the outcome of your case. With so many to choose from, several key factors can help you make the best selection.

• Experience and Expertise. Look for an attorney with extensive experience in criminal law, ideally someone with experience defending the type of charges you’re facing. Many Chicago criminal defense lawyers have backgrounds working as prosecutors or public defenders. Experience often equates to a deeper understanding of local courts, prosecutors and judges.
• Reputation and Track Record. Research the lawyer’s reputation and track record, including their success rate in cases similar to yours. Online reviews, referrals and testimonials can provide valuable insights. Recognition and respect by their peers are additional indicators of an attorney’s skills and professionalism.
• Communication and Accessibility. Ensure the lawyer is accessible and responsive, as effective communication is vital for a successful attorney-client relationship. Your lawyer should keep you informed and address your concerns promptly. If it is more comfortable for you to communicate in another language, find an attorney who speaks it fluently.
• Local Knowledge. A lawyer well-versed in Chicago’s legal landscape can navigate the intricacies of local laws and court procedures effectively, preventing delays and giving you a potential advantage in your case.
• Individual Attention. Big defense firms (or overworked solo practitioners) may not be able to give your case the attention it deserves. Look for an attorney who genuinely prioritizes your best interests and is committed to providing a personalized defense strategy tailored to your needs and circumstances.
• Fee Structure and Transparency. Discuss the attorney’s fee structure upfront and ensure it aligns with your budget. A reputable lawyer will provide a clear, written agreement with no hidden costs. Many Chicago criminal defense lawyers also offer payment plans or sliding scale fee schedules.
• Trial Experience. While many cases are resolved through negotiation and plea bargaining, having an attorney with trial experience can be invaluable if your case goes to court. They should be well-prepared to mount a vigorous defense at trial.
• References and Recommendations. Although lawyers are bound by client confidentiality rules, you may request references or recommendations from past clients. Firsthand experiences can offer valuable insights into the lawyer’s capabilities and professionalism.
• Professional Associations and Affiliations. Lawyers who are members of professional organizations or associations related to criminal law often stay updated with the latest legal developments and best practices.
• Compatibility and Trust. Trust your instincts and choose an attorney with whom you feel comfortable. A strong attorney-client relationship can positively influence the outcome of your case.
• Record of Ethical Conduct. Ensure the lawyer has a clean disciplinary record and adheres to ethical standards. You can check this with the Illinois Attorney Registration & Disciplinary Commission.
• Clear Strategy. During your initial consultation, the lawyer should provide a clear and viable strategy for handling your case, including potential outcomes and timelines.

By considering these key features and conducting thorough research, you can increase your chances of selecting a Chicago criminal defense lawyer who meets your needs.

Here are some helpful resources and contact information for individuals involved in criminal defense matters in Chicago:

1. Chicago Police Department (Non-Emergency):

   • Contact 311 (within Chicago) or (312) 746-6000

   • Chicago Police Department Website

2. Obtaining Chicago Police Department Reports and Records:

   • To request police reports, contact the Records Inquiry Section

   • To obtain other police records, including arrests and incident reports, contact the Records Division

3. Illinois Department of Corrections (IDOC):

   • Provides information about inmates and their incarceration status.

   • Illinois Department of Corrections

4. County Clerk’s Offices:

   • Handles court records, including case information, upcoming court dates and documents.

   • Cook County Clerk’s Office Website

   • 18th Judicial Circuit/DuPage County Court Contact Information

5. Court Locations:

   • List of Cook County Criminal Courts on the Cook County Sheriff’s Office website

   • First Appearance Hearing (previously Bond Court) locations

6. Illinois Legal Aid Services:

   • Provides legal information, resources and tools to find an attorney.

   • Illinois Legal Aid Online

7. Chicago Legal Clinic:

   • A non-profit organization that provides low-cost legal assistance and resources.

   • Chicago Legal Clinic Website

8. Chicago Bar Association Lawyer Referral Service:

   • Helps individuals find qualified attorneys for their legal needs.

   • CBA Lawyer Referral Service

9. Public Defender’s Offices:

   • Provides legal representation to individuals who cannot afford an attorney.

   • Cook County Public Defender’s Office Website

   • DuPage County Public Defender’s Office Website

   • Illinois State Appellate Defender’s Office Website

   • Federal Defender for the Northern District of Illinois Website

10. State’s Attorney’s Offices:

    • Offers information on prosecution and victim services.

    • Cook County State’s Attorney’s Office Website

    • DuPage County State’s Attorney’s Office Website

11. Illinois Attorney Registration & Disciplinary Commission:

    • Provides information on attorney ethics and disciplinary actions.

    • IARDC Website

Please note that the availability of these resources and the information they provide may change over time. Verify the details on the respective websites or contact the relevant offices for the most up-to-date information.

To come up with the best criminal defense lawyers in Chicago of 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.

Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:

• Legal experience
• Special licenses and certifications
• Ethics and bar disciplinary measures
• Legal thought leadership
• Education and employment background
• Scholarly lectures and writings
• Awards and honors

Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.

Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.

One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.

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