Common Questions About Criminal Defense

Have Questions? We Have Answers.

When you’re facing criminal charges, you probably have dozens of questions. Below are answers to the most common questions we hear from clients. If you don’t see your question here, call us at (309) 999-1177 for a confidential consultation.

General Criminal Defense Questions

Do I really need a lawyer if I’m innocent?

Yes, absolutely. Even innocent people need legal representation. The criminal justice system is complex, and prosecutors don’t always see things the way you do. Without an attorney, you could make statements that hurt your case, miss critical deadlines, or fail to preserve important defenses. An experienced attorney protects your rights and builds the strongest possible defense.

Should I talk to the police without a lawyer?

No. Politely exercise your right to remain silent and request an attorney. Anything you say can and will be used against you—even innocent explanations can be twisted by prosecutors. Say only this: “I want to speak with my attorney.” Then stop talking until your lawyer is present.

What if I already talked to the police?

Don’t panic—but call an attorney immediately. While statements you’ve already made can be used against you, an experienced attorney can often challenge these statements or minimize their impact. The sooner you get legal representation, the better we can protect your rights going forward.

Will I go to jail if I’m convicted?

Not necessarily. Many criminal charges—especially for first-time offenders—can result in probation, community service, treatment programs, or other alternatives to incarceration. Even in serious cases, an experienced attorney can often negotiate reduced sentences or alternative sentencing options.

How long does a criminal case take?

It varies. Simple misdemeanors may resolve in weeks or months. Complex felony cases can take a year or more. Factors include: case complexity, court schedules, plea negotiations, and whether the case goes to trial. We work efficiently but never rush when your freedom is at stake.

What’s the difference between a felony and a misdemeanor?

Severity and penalties. Felonies are serious crimes punishable by more than one year in prison. Misdemeanors are less serious, with maximum sentences up to one year in jail. Felony convictions also carry more severe long-term consequences—loss of voting rights, difficulty finding employment, and restrictions on firearm ownership.

DUI-Specific Questions

What is the 46-day deadline for DUI cases?

Critical deadline for your license. You have only 46 days from your DUI arrest to request a hearing to contest your driver’s license suspension. Miss this deadline and your license is automatically suspended. This is separate from your criminal case—you must defend both. Learn more about DUI defense →

Should I have refused the breathalyzer test?

It’s complicated. Illinois has an “implied consent” law—refusing the test results in automatic license suspension (often longer than if you fail the test). However, refusal means no BAC evidence against you in your criminal case. This decision has pros and cons that vary by situation. An attorney can help you understand the implications after the fact.

Can I get my DUI charge reduced?

Possibly. Depending on the circumstances—your BAC level, prior record, whether anyone was injured, and how the evidence was collected—an experienced DUI attorney may be able to negotiate reduced charges or even dismissal. Common strategies include challenging the traffic stop, questioning breathalyzer accuracy, or negotiating for reckless driving instead of DUI.

What happens to my insurance after a DUI?

Your insurance rates will likely increase significantly. You may also be required to file an SR-22 certificate (proof of financial responsibility) with the state for three years. Some insurance companies may drop you entirely, requiring you to find high-risk coverage. This is why fighting DUI charges aggressively is so important.

Working With an Attorney

How much does a criminal defense attorney cost?

Legal fees vary based on case complexity, charges, and work required. We offer a confidential consultation to discuss your case and provide a clear fee structure. Many clients find that hiring an experienced attorney early saves money by avoiding harsher penalties, longer sentences, or complications from inadequate representation.

What happens during a confidential consultation?

We’ll review the charges against you, discuss the facts of your case, explain your legal options, and outline potential defense strategies. This is your opportunity to ask questions, understand the legal process, and decide if we’re the right fit to represent you. Everything you share is protected by attorney-client privilege.

How do I pay for a criminal defense attorney?

Most criminal defense attorneys accept payment plans, credit cards, or financing options. Some clients use savings, family help, or refinance assets. While legal fees are a consideration, the cost of NOT having experienced representation—jail time, lost employment, permanent criminal record—is far higher.

Can you guarantee I won’t go to jail?

No ethical attorney can guarantee specific outcomes. Every case is unique, and results depend on evidence, circumstances, and court decisions. However, with 30 years of experience, we’ve successfully helped countless clients avoid jail, get charges reduced, or secure favorable outcomes. We’ll give you an honest assessment of your case.

The Legal Process

What happens at my first court appearance?

Your first appearance (arraignment) is when you’re formally notified of charges and enter a plea. You’ll likely plead “not guilty” to preserve all your options. The judge may set bail conditions. Having an attorney present at your first appearance is critical—they can argue for reasonable bail and begin building your defense immediately.

What is a plea bargain?

A plea bargain is a negotiated agreement where you plead guilty to reduced charges in exchange for a lighter sentence or other concessions. Most criminal cases resolve through plea negotiations rather than trial. An experienced attorney knows how to negotiate favorable plea deals that minimize consequences.

Should I accept a plea deal or go to trial?

This depends entirely on your case. Factors include: strength of the evidence, potential trial penalties versus plea offer, costs of trial, and your personal circumstances. Your attorney will explain all options and help you make an informed decision. We always prepare for trial while negotiating the best possible plea.

What is discovery in a criminal case?

Discovery is the process where both sides exchange evidence. Your attorney receives police reports, witness statements, lab results, video footage, and other evidence the prosecution plans to use. This is critical—we review all evidence to find weaknesses in the state’s case and build your defense strategy.

After Conviction

Can I appeal my conviction?

Yes, but strict deadlines apply. You have 30 days from sentencing to file a direct appeal. After that window, you may still file a post-conviction petition (usually within 3 years) based on constitutional violations or newly discovered evidence. Appeals are complex—you need an experienced appellate attorney. Learn more about appeals →

Can my criminal record be expunged or sealed?

Some records can be expunged or sealed. Expungement erases the record entirely. Sealing hides it from most background checks. Eligibility depends on: the offense, how long ago it occurred, your criminal history, and whether you completed all sentencing requirements. Not all convictions qualify, but many do.

What if I violated probation?

Contact an attorney immediately. Probation violations can result in your original sentence being imposed (possibly jail time). However, an attorney can often negotiate to keep you on probation with modified conditions or minimal consequences. Don’t ignore probation violations—they won’t go away.

How long does a conviction stay on my record?

In Illinois, criminal convictions are permanent unless expunged or sealed. They don’t automatically disappear after a certain number of years. This is why fighting criminal charges is so important—a conviction can follow you for life, affecting employment, housing, education, and more.

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