Experienced Criminal Defense Attorneys in Chicago
Aggressively Fighting For Your Rights
Defending Your Future
“Regardless of the type of charge you are facing, we treat every case with the seriousness it deserves. These matters can affect your livelihood and (in some cases) your freedom. We know this. Results matter to you. They matter to us. We will fight VERY aggressively to get the results that you need, to protect you and your future. Ask around. It’s who we are.”
— Founder of McDermott Law Group: David McDermott
Steps in a Criminal Defense
As we see it, regardless of the criminal charge that you are facing (i.e. drug and/or gun cases, murder, attempt murder, deceptive practices, home invasion, robbery, burglary, battery, assault, fraud, criminal trespass, damage to property, theft, etc) there are four quintessential (a fancy way of saying “necessary”) steps:
Meeting(s). It is imperative to meet with our client (and/or others) who can help us to understand, as best as possible what occurred or is alleged to have occurred. These types of meetings generally take place throughout the entire process of the case and often prove invaluable.
In all criminal cases, the state/prosecution has an affirmative obligation (once the request has been made by the defense) to turn over all evidence (including police reports, lab results, witness statements, video and/or audio recordings, pictures, etc) that it has in its possession. This evidence is referred to as “Discovery”. The accused (our client) is entitled to see and/or review all of this evidence prior to proceeding with a plea, hearing, or trial. It should be noted that, with certain types of cases, the defense also has an obligation (once the request has been made by the state/prosecution) to turn over all evidence in support of its case as well.
Once we have met with our client (and/or any possible witnesses) and reviewed the discovery tendered by the state/prosecution, we then evaluate the strengths and weaknesses of the case to determine how best to proceed. Sometimes we find ourselves in a position to proceed to hearing before our client has to decide between a plea or trial. For example, we often find ways to challenge the constitutionality of the search of our client (and/or his or her property) and/or his or her arrest. If we’re able to successfully prove (after hearing) that our client’s constitutional rights have been violated, often some or all of the evidence will be suppressed (thrown out), often resulting in the dismissal of some or all of the charges.
Once we’ve had an opportunity to meet with our client (along with any necessary witnesses), review discovery, evaluate and/or frame out a defense and proceed with any hearings (if applicable), we then have to discuss the pros and cons between entering into a plea versus proceeding to trial. A plea is an agreed upon resolution to the case that is negotiated by the defense and the state/prosecution, subject to the court’s approval. A pretrial conference (when/where available) takes place (usually) back in chambers (the judge’s office). This is where the defense attorney(s) and the state/prosecutor(s) meet with the judge (generally outside of the presence of the defendant and general public) to discuss the mitigating (favorable to the defendant) and aggravating (unfavorable to the defendant) factors concerning the defendant and/or his or her case.
At the conclusion of this discussion, the judge gives a recommendation regarding the disposition of the case (i.e. what he/she will likely order if the defendant is found guilty). Unlike a plea agreement which is subject to the court’s approval, with a pretrial conference, the defendant knows that the court has already approved the sentence (supervision, probation, jail, etc). Finally, the defendant may want to proceed with a trial. Trials can be done in the presence of a judge only (a bench trial) or the presence of a judge and jury (jury trial). With the latter option, the judge will rule on any objections made by the state or defense, but the jury will decide the case (i.e. the defendant’s guilt or innocence).
Case-Specific Questions
Stay calm, do not resist arrest, and politely request an attorney before answering any questions. Anything you say can be used against you.
Yes, even if you’re innocent, a lawyer ensures your rights are protected, and they can help prevent misunderstandings or missteps that could harm your case.
Costs vary based on the complexity of the case, the attorney’s experience, and the anticipated time commitment. Many lawyers offer payment plans or flat fees for certain cases.
Felonies are more serious crimes that often result in imprisonment of more than one year, while misdemeanors are less severe and typically involve shorter jail time or fines.
It’s not advisable to speak to the police without an attorney. Even innocent statements can be misconstrued or used against you.
Post-Case Questions
A conviction can lead to fines, jail time, probation, or community service. Your attorney can work to minimize penalties or appeal the conviction if applicable.
Yes, you can appeal based on legal errors, insufficient evidence, or procedural issues. Your lawyer will determine if an appeal is viable.
It may, especially for certain jobs. Expungement or record sealing may help mitigate this impact.
Focus on fulfilling legal obligations like probation, seek support, and work with your attorney to address long-term effects like record sealing.
A criminal conviction can impact your ability to travel internationally, as some countries may deny entry based on certain charges. Additionally, conditions of probation or parole may restrict travel. Consult your attorney to understand the specific limitations related to your case and how to address them.
Legal Process Questions
At an arraignment, you’ll hear the charges against you, enter a plea, and possibly discuss bail.
The timeline depends on the complexity of the case, court schedules, and whether it goes to trial. Your attorney can provide an estimate after reviewing your situation.
While it’s legally allowed, it’s not recommended. Criminal law is complex, and an experienced attorney is essential to achieving the best outcome.
Probation is a court-ordered alternative to jail, while parole is early release from prison under supervision.
The prosecution must prove your guilt beyond a reasonable doubt. Your attorney will work to challenge the evidence and create doubt.
Rights and Protections
You have the right to remain silent, the right to an attorney, and the right to avoid self-incrimination.
In most cases, police need a warrant, but there are exceptions like probable cause or consent. Consult an attorney if your property was searched.
Inform your attorney immediately. Violations of your rights can lead to evidence being suppressed or your case being dismissed.
Depending on the charges and state laws, some records may be expunged or sealed. Your attorney can guide you through the process.
Yes, you have the right to remain silent. Politely inform the officer that you are exercising your Fifth Amendment right. However, in some states, you may need to provide basic identification information. Always consult with an attorney before providing any additional information.
We are proud of our WINS.
CBS (here) and other news networks covered one of our all-time favorite self-defense cases, where our client was found NOT GUILTY on all 12 charges where he had to defend himself with a firearm against a fist. We fought hard to keep Billy out of jail and to restore his life and liberties.
At the conclusion of a rather lengthy bench trial, our client (a concealed carry holder) was found NOT GUILTY on all 12 counts (most of which were charged as attempt murder).
Millie's Story
