Chicago Criminal Defense Lawyer

When you are facing criminal charges, your freedom, future, and reputation are all at risk. Whether you have just been arrested or you are under investigation, having a knowledgeable and aggressive Chicago criminal defense lawyer by your side can make a critical difference. The attorneys at Price Benowitz have years of experience defending clients against a wide range of charges. We understand the stakes, the system, and how to fight for your rights every step of the way.

Why It Is Important To Hire a Defense Attorney

Very few people plan to need a defense attorney. Most crimes are the result of impulsive decisions with little forethought. Of course, if you are a suspect who did not commit the crime, you have no reason to think you will be suspected or will eventually need a defense lawyer.

As a result, many people are under pressure when they choose a defense attorney. You need someone to represent you. Ideally, you find a lawyer before ever undergoing interrogation, since defense attorneys can protect your rights in an interrogation. While you may be entitled to a court-appointed lawyer, that only occurs after you are charged with an offense. Having an attorney before that happens can help you avoid charges, especially in instances of innocence.

Learning you are the suspect in a crime or facing criminal charges can be terrifying. A criminal defense lawyer can help you navigate the legal system in Chicago and stand up for your rights.

Meet Sean O’Brien, our Chicago Criminal Defense Partner


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Most people realize they need a lawyer after being charged with a crime. In reality, you need a defense attorney as soon as you realize you may be a suspect in a crime. If you are in a group that is often blamed for crimes—such as the spouse of a murdered person or a member of a minority group—it may be in your best interest to retain legal representation before any contact with the police.

A Chicago lawyer at Price Benowitz can help you, regardless of where you are in the criminal justice process. Our attorneys could help you avoid charges by working with the police as soon as you become a suspect. They may be able to secure pretrial release. If you are guilty of the crime and the state has sufficient evidence to prove its allegations, our lawyers may be able to negotiate a lower sentence or arrange for pretrial diversions.

Schedule a free case evaluation to learn more about how we can help you.

Criminal Cases We Handle

We provide aggressive legal representation for individuals facing a wide range of criminal charges, including:

A criminal charge can have serious consequences, but you don’t have to face it alone. The Chicago attorneys at Price Benowitz are ready to fight for your rights and provide the strong defense you deserve in your criminal case.

The Right to Remain Silent

One of the most essential rights for criminal defendants is the right to remain silent. While few countries compel suspects to speak to the police, they may use silence as evidence of guilt. In the United States, a defendant’s unwillingness to speak to the police cannot be used against them in court.

A Chicago criminal defense attorney will encourage all suspects to use the right to remain silent. Before speaking to the police about a criminal matter, a person should speak to a lawyer about their rights. Even if a person only thinks they are a witness to a crime, they may actually be a suspect. Consulting with legal counsel before speaking to the police can help a person understand the potential ramifications of talking to the police.

Often, an attorney will encourage their client to speak to the police but will control the direction of the conversation. Police officers are trained in interrogation techniques that will lead to confessions. Sometimes, these are false confessions—many innocent people are in prison because of these false confessions. A lawyer’s presence can help curtail these coercive methods.

The right to remain silent benefits not just the innocent but also the guilty. The police may lie to defendants about the type of evidence they have. A skilled attorney can challenge assertions of proof and prevent clients from making incriminating statements.

Getting Pretrial Release

One of the most critical functions of a criminal defense lawyer in Chicago is to secure pretrial release for their clients. Individuals who are incarcerated before trial have a hard time meaningfully participating in their defense. If released, they can meet more freely with their attorney and develop evidence to help challenge their guilt.

Additionally, pretrial release is less disruptive to a person’s life. For most people, pretrial incarceration will lead to job loss, financial destruction, disruption to their family life, and more. If the charged crime is minor, the pretrial detention period may even exceed any sentence they will receive. A lawyer who works hard to get their client released before trial can help them avoid some of these negative consequences.

What To Do Immediately After an Arrest

If you have been arrested, the actions you take immediately afterward can significantly impact your case. First and foremost, do not speak to the police. Anything you say can and will be used against you. Politely invoke your right to remain silent and ask for an attorney. You are under no obligation to explain yourself, justify your actions, or answer questions without legal counsel present.

You should also be aware of your Miranda rights. These include the right to remain silent and the right to an attorney. If these rights are not read to you during your arrest, it could be used as a strong defense.

As soon as possible, contact an experienced criminal defense lawyer in Chicago. Sean O’Brien at Price Benowitz is available to provide urgent legal support and can step in early to protect your rights. Early legal intervention can sometimes prevent formal charges altogether or reduce their severity.

A Step-by-Step Guide to the Criminal Justice Process

Understanding what happens after an arrest can help you feel more prepared and less overwhelmed. The criminal justice process is a structured series of steps that begins the moment you are taken into custody and continues until your case is resolved. 

The Arrest

The arrest occurs when a law enforcement officer has probable cause to believe you committed a crime or has a legally issued arrest warrant. 

Booking

Booking involves being taken to a police station, photographed, fingerprinted, and formally processed. At this stage, your personal belongings will also be taken and held by the authorities.

Initial Hearing

The initial hearing, commonly referred to as Bond Court, takes place within 48 hours of your arrest. During this court appearance, a judge will review your case and determine whether bail is appropriate and, if so, how much you must pay to be released from custody while your case proceeds. 

Filing of Charges

The prosecutor then evaluates the evidence and formally files charges against you. This step is crucial because it determines what offenses you will need to defend against.

Arraignment

During arraignment, you will appear in court to hear the charges formally read and to enter a plea. You may plead guilty, not guilty, or no contest. 

Discovery and Pretrial Motions

During discovery, your defense attorney gains access to the evidence the prosecution intends to use. Your lawyer may also file legal motions aimed at limiting or dismissing certain evidence, which can significantly impact the strength of the case against you.

Plea Negotiations

After discovery, the parties may enter plea negotiations. Your attorney might work with the prosecution to reach a plea agreement that reduces the severity of the charges or the potential penalties. However, if no acceptable deal is reached, the case will move to trial. In most criminal cases, you have the right to a trial by jury, where the prosecution must prove your guilt beyond a reasonable doubt.

Verdict and Sentencing

Finally, the process concludes with the verdict and sentencing. If you are found not guilty, you are free to go, and the charges are dismissed. If you are convicted, the judge will impose a sentence, which can include fines, probation, or jail time depending on the severity of the offense and other factors. 

Throughout each stage of the criminal justice process in Chicago, having a skilled defense attorney like Sean O’Brien is critical to protecting your rights and achieving the best possible outcome.

Types of Criminal Charges

The attorneys at Price Benowitz represent clients facing a broad spectrum of criminal charges in both state and federal court. Each type of offense carries unique legal considerations and penalties.

Assault & Battery

Assault involves threatening harm, while battery involves physical contact. Aggravated battery includes serious bodily harm or the use of a weapon.

Domestic Violence

Charges may include physical, emotional, or psychological abuse against a partner or family member. These cases may also involve orders of protection and child custody matters.

Drug Offenses

Charges may involve drug manufacturing, distribution, or trafficking. The penalties often depend on the type and quantity of the substance.

DUI & DWI

Driving under the influence can lead to license suspension, fines, and jail time. Repeat offenses carry harsher consequences.

Firearm & Weapons Charges

Illinois has strict gun laws. Possessing an unlicensed firearm or carrying a weapon unlawfully can result in felony charges.

Student Defense

College students may face criminal and disciplinary action. We defend against accusations such as controlled substance offenses, theft, and assault.

Theft & Property Crimes

These include shoplifting, burglary, and robbery. Misdemeanor theft is for items under $500, while felony theft involves greater value or aggravating factors.

Vehicular Hijacking & Possession of a Stolen Vehicle

These charges involve taking or having a vehicle without permission. Aggravated vehicular hijacking includes using force or a weapon and carries serious consequences. Being caught with a stolen vehicle can lead to felony charges and harsh penalties.

Traffic Violations & Reckless Driving

Serious traffic offenses can result in heavy fines, license suspension, or jail time.

These charges often involve complex investigations and high-stakes legal proceedings. A conviction can lead to long-term imprisonment, a permanent criminal record, and significant personal and professional consequences. If you are facing criminal allegations in Chicago, it is critical to have a defense attorney who can thoroughly examine the evidence, challenge the prosecution’s case, and advocate for your rights at every stage.

Key Differences Between Federal and State Charges

Most criminal cases in Chicago are prosecuted in Illinois state courts, where charges range from misdemeanors to serious felonies. However, certain crimes are prosecuted at the federal level, particularly when they involve crossing state lines, violate federal statutes, or occur on federal property. Federal jurisdiction often applies to cases involving:

  • Large-scale drug trafficking operations
  • Weapons offenses involving interstate transport
  • Offenses involving federal agencies or employees
  • White-collar crimes such as wire fraud and embezzlement
  • Internet-based crimes like identity theft or child pornography

Federal cases differ significantly from state cases. They are typically investigated by powerful agencies like the FBI, DEA, ATF, or the Department of Homeland Security, and the prosecution is handled by U.S. Attorneys rather than local district attorneys. The legal procedures are more complex, the sentencing guidelines more rigid, and the penalties generally more severe. If you are under investigation or have been charged with a federal crime, early intervention is essential.

A skilled attorney understands the high stakes involved in federal cases. With experience defending clients in Chicago in both state and federal court, the criminal defense lawyers at Price Benowitz can evaluate the nature of your charges, determine if federal jurisdiction applies, and build a strategic defense to safeguard your rights throughout the process.

Common Defenses in Criminal Cases

Every case is unique, but several legal defenses may apply to your situation.

Unlawful Search and Seizure

If evidence was obtained without a legally issued warrant or probable cause, a defense attorney can challenge it and have it excluded from court.

Mistaken Identity

Eyewitnesses are notoriously unreliable. Legal counsel can challenge identification procedures or present alibi evidence on your behalf.

Lack of Intent

Many crimes require intent. If you did not intend to commit a crime, that can be an effective defense.

Self-Defense

If you used force to protect yourself or someone else, an attorney can argue that your actions were legally justified.

Duress or Coercion

Being forced to commit a crime under threat can absolve you of liability in some cases.

The criminal defense attorneys at Price Benowitz in Chicago thoroughly examine the evidence, interview witnesses, and collaborate with investigators to identify the strongest possible defense strategy.

Consequences of a Criminal Conviction

A criminal conviction can have consequences that go far beyond jail time or fines. The long-term impact can affect nearly every area of your life. Employment opportunities may disappear, as many employers are hesitant to hire someone with a criminal record. Housing can also become harder to secure, with landlords often denying rental applications based on background checks. 

For non-citizens, a conviction can trigger serious immigration consequences, including deportation, denial of entry, or revocation of a green card. Licensed professionals like teachers, nurses, or real estate agents may face disciplinary action or lose their credentials altogether. 

Even beyond these tangible effects, the social stigma of a conviction can damage your reputation and follow you for years to come. This is why it is critical to take criminal charges in Chicago seriously and fight them with the help of an experienced defense attorney like Sean O’Brien. Whether it is securing a dismissal, winning an acquittal, or negotiating a favorable plea deal, the right defense can help you protect your rights and your future.

Expungement and Record Sealing

If you have been arrested or convicted of a crime, that record can follow you for years. Fortunately, Illinois offers options to clear your record. Expungement erases the record completely and is available for arrests that did not lead to conviction as well as certain qualifying offenses. Record sealing is also a viable option; it hides the record from public view while still allowing law enforcement and certain employers to access it.

Not all offenses are eligible, and the process can be complex. Sean O’Brien and the criminal defense lawyers at Price Benowitz in Chicago can help determine your eligibility, gather the necessary documents, and file your petition. Clearing your record can improve your chances of employment and housing, while providing peace of mind.

Frequently Asked Questions (FAQs)

Facing criminal charges often raises important questions about your defense options, costs, and the legal process.

How much does a criminal defense lawyer cost in Chicago?

Costs vary based on the complexity of the case. Price Benowitz offers a free case evaluation to review your case and discuss potential fees. We also offer payment plans.

What should I bring to my case evaluation?

Bring any documents you have, such as the police report, court summons, bail papers, or a list of witnesses. The more information we have, the better we can assess your case.

How long does the process take?

It depends. Some cases resolve quickly with a plea deal or dismissal. Others may take months or even longer if they go to trial. An attorney can give you a better idea based on the facts of your case.

What is the difference between a public defender and a private defense attorney?

Public defenders are assigned by the court if you cannot afford an attorney. While many are skilled, they often carry heavy caseloads. Hiring a private defense attorney like Sean O’Brien ensures personalized attention and consistent communication.

If you have more questions or need personalized guidance, do not hesitate to schedule a free consultation.

The Importance of Early Legal Representation

One of the biggest mistakes people make is waiting too long to contact a defense lawyer. The earlier you have legal representation, the better your chances of a favorable outcome. An attorney can protect your rights during police questioning, challenge evidence, and possibly prevent charges from being filed at all.

Sean O’Brien at Price Benowitz understands the urgency of criminal matters. He is available to act quickly, advise you on your next steps, and start building your defense before the prosecution gains an advantage. Whether you are facing allegations or have already been charged with a crime in Chicago, having the right criminal defense lawyer from the beginning can make the difference between a conviction and a case dismissal.

Work With a Chicago Criminal Defense Attorney Today

Navigating the criminal justice system is a daunting experience, especially when your future, freedom, and reputation are on the line. Whether you are under investigation, have already been charged, or simply fear becoming a suspect, having an experienced Chicago criminal defense lawyer on your side can make all the difference. From protecting your rights during police questioning to negotiating plea deals or securing pretrial release, legal representation is not just helpful—it is essential.

At Price Benowitz, we understand the pressure and uncertainty that come with criminal allegations. That is why we are committed to offering strategic, personalized defense at every stage of your case. We do not just respond to charges—we work proactively to prevent them. Our team knows how the system works, how prosecutors build their cases, and how to dismantle weak or unfounded claims.

Whether you are facing a misdemeanor, a serious felony, or simply want legal advice before speaking to law enforcement, our attorneys are here to help. We will listen without judgment, examine your case from every angle, and craft a defense strategy tailored to your unique circumstances.

Criminal charges can affect your job, relationships, finances, and mental health. But you do not have to face this process alone. With the right legal support, you can make informed decisions, protect your rights, and pursue the best possible outcome. Contact us today for a free case evaluation.

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