Chicago Criminal Defense FAQs
Navigating the criminal justice system in Chicago can be stressful and confusing—especially if you or a loved one is facing an arrest, investigation, or serious charges.
At Pissetzky Law LLC, we believe that knowledge is power. Our experienced attorneys have compiled answers to the most frequently asked questions about criminal defense, your rights, the court process, and how we can help protect your future.
Whether you’re seeking information for yourself or someone you care about, our FAQs below are designed to provide clarity and guidance every step of the way.
Questions Asked By Our Chicago Criminal Defense Clients
Q: What does a criminal defense attorney do?
A: A criminal defense attorney represents individuals charged with crimes. We protect your constitutional rights, negotiate with prosecutors, argue for bond, file motions to suppress evidence, and defend you at trial.
Q: When should I hire a criminal defense lawyer?
A: Immediately. The sooner you get legal representation, the better your chances of protecting your rights and building a strong defense—even before charges are filed.
Q: What types of cases do you handle?
A: We handle criminal matters including drug offenses, gun charges, sex-based offenses, homicide, white-collar crimes, federal offenses, and more.
Q: I haven’t been charged yet, but police want to talk—should I go?
A: No. You should never speak to the police without a lawyer present. Anything you say can be used against you. Remember, the police are not on your side. Call us before speaking to them. We can negotiate immunity or cooperation agreements only when it’s truly in your best interest.
Q: The police searched my phone/car/home—was that legal?
A: Not always. If the search violated your Fourth Amendment rights, we may be able to suppress that evidence. We will review the evidence to determine if a motion should be filed based on a violation of your rights.
Q: What if there’s video or witness evidence against me?
A: We investigate the reliability of all evidence. Video can be misinterpreted, and witnesses may be biased or mistaken. We challenge weak or illegally obtained evidence.
Q: Will I have to go to trial?
A: Not necessarily. The decision of whether to take your case to trial rests in your hands. Many cases are resolved with dismissals, plea deals, or pretrial motions. But if your case is going to trial, we’re fully prepared to fight in court.
Q: How long does a criminal case take?
A: It depends on the complexity of the case, how quickly we receive the discovery from the prosecution and the court’s schedule. Some cases resolve in weeks; others may take months or longer, especially in felony or federal court.
Q: What if I’m innocent?
A: Innocent people still need aggressive legal defense. We gather evidence, file motions, and challenge the prosecution every step of the way to protect you.
Q: Can I avoid jail time?
A: In many cases, yes. Options may include probation, diversion programs, or conditional discharges—especially for first-time offenders. We fight for alternatives to incarceration whenever possible.
Q: How much do you charge?
A: Fees depend on the complexity of your case. We offer consultations, and we’re transparent about costs and payment plans.
Q: Do you handle federal cases?
A: Yes. We represent clients in both state and federal court, including grand jury subpoenas, investigations, and appeals.
Q: How is a felony different from a misdemeanor?
A: Felonies are more serious crimes punishable by a sentence in prison. Illinois categorizes felonies from Class 4 (least severe) to Class X (most severe), with Class X and certain murder charges carrying decades or life in prison.
Misdemeanors are less serious and are punishable by local incarceration, probation, supervision or conditional discharge. You cannot be sentenced to prison for a misdemeanor.
Q: Do I really need a lawyer if I haven’t been charged yet?
A: Absolutely. In criminal cases, early legal help can be the difference between charges being filed or dropped. If police or federal agents are investigating you, contact a lawyer immediately—before speaking to anyone.
Q: Will I be indicted or have a preliminary hearing?
A: In Illinois, felony charges begin with a preliminary hearing or grand jury indictment. Both determine whether there’s probable cause to proceed. Preliminary hearings are held in open court with your attorney cross examining the police officer, whereas grand jury proceedings are confidential, and only the prosecutor and the police are present.
Q: Can charges be dropped before trial?
A: Sometimes, yes. Charges may be dismissed if evidence is suppressed, key witnesses back out, or the State’s case falls apart. We work aggressively to challenge the prosecution from day one.
Q: The police found drugs or a gun—do I have any defense?
A: Yes. Possession must be proven beyond a reasonable doubt, and any illegal search or seizure may lead to evidence being suppressed. We evaluate every search warrant, arrest, and confession for constitutional violations.
Q: What if there are eyewitnesses or surveillance footage?
A: Eyewitnesses are often mistaken, and video footage may lack context.
Q: What is a Class X felony, and how is it sentenced?
A: A Class X felony is among the most serious in Illinois. In most cases, it carries a sentence range of between 6–30 years in prison, with no possibility of probation. Some charges, such as homicide or drug trafficking, carry even higher maximum and minimum penalties.
Q: How long does a felony case take in Illinois?
A: Felony cases often take several months to a year or more. Serious felonies may involve pretrial motions, forensic evidence, expert witnesses, and multiple court dates. We work efficiently while building the strongest possible defense.
Q: Can I get probation on a felony in Illinois?
A: Not for Class X felonies or many violent offenses—these carry mandatory prison time. But for some lower-level felonies (Class 1–4), probation or special programs like TASC may be an option.
Q: What if I have prior felony convictions?
A: Prior convictions can increase sentencing ranges and affect eligibility for probation. Some repeat offenses carry mandatory enhancements or extended terms. We evaluate your full record to negotiate or litigate strategically.
Q: What makes your firm different?
A: We have decades of experience defending high-stakes felony charges in Cook, DuPage, Will, Lake, and surrounding counties. We treat every case as if it’s going to trial—and we prepare to win.
Q: What is a detention hearing?
A: In serious felony cases, especially those involving violence or firearms, the State may file a motion to deny bond under the Illinois Pretrial Fairness Act. This leads to a detention hearing, where prosecutors argue that the defendant should be held without release pending trial.
Q: Can the judge deny bond completely?
A: Yes, under the SAFE-T Act, judges now have discretion to detain defendants pretrial without monetary bond if the State proves by clear and convincing evidence that the person is a danger to the public or a flight risk. This applies in serious felonies such as:
- Murder
- Armed robbery
- Aggravated unlawful use of a weapon (AUUW)
- Aggravated battery with a firearm
- Gun possession by a felon
- Domestic violence with prior convictions
Q: What can a defense attorney do at a detention hearing?
A: A defense lawyer can:
- Argue that the State failed to meet its burden of proof
- Present favorable information (employment, family, lack of criminal history)
We fight aggressively at these early stages to secure release or negotiate for non-custodial conditions, such as electronic monitoring (EM).
Q: What should I do if my loved one is held at Cook County Jail?
A: Call a criminal defense attorney immediately—before the hearing, if possible. We can appear at the detention hearing, challenge the State’s motion, and work to get your loved one released. Time is critical.
Q: What happens if the judge denies release?
A: If detained, your loved one will be held at the Jail. Your attorney may still file motions later to reconsider detention or challenge unconstitutional procedures.
Q: Can detention be appealed?
A: Yes. Pretrial detention decisions can be challenged by filing an appeal in the Illinois Appellate Court, but this must be done quickly and requires strong legal grounds. We can assess and file that appeal if necessary.
Q: How do I find out if someone is in Cook County Jail?
You can search for an inmate using the Cook County Sheriff’s Inmate Locator at https://inmatelocator.ccsheriff.org. You will need the person’s full name, date of birth, or booking number.
Questions? Contact Us.
If you are looking for a Chicago criminal defense attorney to help you – or if you have additional questions not answered on this page – please call us at 312-239-8292 or contact us online.