DeKalb, IL Criminal Defense Lawyers

Attorneys for DUI, Drug Crimes, and Other Criminal Charges in DeKalb, Illinois

Attorney Spotlight

Michael J. Rutcosky

• 20+ years of experience
• History of defending clients in criminal cases throughout Illinois
• Experience handling criminal cases in state and federal courts
• Representation of clients in Illinois Secretary of State hearings
• Former consultant for the New York City Department of Education

Meet Our Team

Billing and Fee Structures

We work to ensure that our fees are reasonable and affordable for all of our clients. To discuss our fee structures and learn about payment options, contact us at 630-665-7300.

When you have been arrested, you may be confused about the accusations against you, and you will likely be worried about the potential consequences you may face. Criminal charges are a serious matter, and a conviction could have far-reaching effects on your freedom, your reputation, and your future opportunities. Whether you have been accused of a misdemeanor or a felony, you will need to determine what options for defense may be available. While this situation can be overwhelming, an experienced attorney can provide you with guidance on the best steps you can take to resolve your case successfully.

At Mirabella, Kincaid, Frederick & Mirabella, LLC, our lawyers work with clients who have been charged with crimes in DeKalb. We provide our clients with effective legal guidance and aggressive advocacy, developing customized strategies based on the circumstances of each individual case. We will inform you of your rights, help you understand the available options for defense, and work to achieve a favorable outcome to your case.

Why Legal Representation Matters After an Arrest or Criminal Charge

After an arrest, you may be unsure about what steps to take next. You may believe that you can explain what happened or provide information that could be helpful to police while demonstrating your innocence. However, it is important to understand that speaking with law enforcement officials without legal counsel can lead to mistakes that could be incriminating. Your explanations or anything else you say could be viewed as a confession that will be used against you in court.

You should always remember that you have the right to remain silent and the right to an attorney. Before answering questions, providing information, or saying anything to police, you should first consult with a lawyer. You can politely state that you will not answer any questions without having your attorney present. At Mirabella, Kincaid, Frederick & Mirabella, LLC, our criminal defense attorneys can help you by:

• Providing legal advice to make sure you can avoid self-incrimination.
• Challenging improper police conduct or constitutional violations, such as unlawful searches or interrogations.
• Identifying weaknesses in the prosecution's case and gathering evidence to demonstrate your innocence.
• Negotiating plea agreements when necessary or pursuing a dismissal or acquittal.
• Advocating for reduced charges, alternative sentencing, probation, or diversion programs when appropriate.

Types of Criminal Charges Our Team Can Help Address

We provide representation for clients in a wide range of criminal cases, including:

• Drug Crimes: Charges related to controlled substances may include possession, possession with intent to deliver, distribution, manufacturing, or trafficking. Illinois law imposes severe penalties that will typically be based on the types and amounts of drugs involved in a case. Our lawyers can examine the legality of searches performed by law enforcement, the validity of evidence, and the diversion or treatment options that may be available.
• Property Crimes: Theft, burglary, retail theft (shoplifting), and vandalism are offenses that may result in misdemeanor or felony charges based on the value of property that was allegedly stolen or damaged. Our attorneys may defend against these charges by challenging identification, intent, or ownership of property.
• Violent Crimes: Allegations of assault, battery, robbery, domestic violence, or homicide can lead to serious penalties for those who are convicted of these offenses. Our lawyers will investigate the events leading to an arrest, evaluate witness statements, and build a strong defense to help prevent a violent crime conviction.
• DUI (Driving Under the Influence): Offenses involving driving while intoxicated by alcohol, marijuana, prescription drugs, or controlled substances can result in long-lasting penalties, including license suspension, fines, and jail time. Our attorneys can help defend against DUI charges by examining whether a traffic stop was lawful, whether chemical testing was accurate, and whether the defendant's rights were violated during an arrest.
• Traffic Violations: Speeding tickets and other traffic offenses can add points to a person's driving record, which can result in license suspension or increased insurance costs. More serious violations, such as reckless driving, may lead to criminal charges that could result in jail time, high fines, or other penalties. Our lawyers can provide representation in cases involving traffic offenses, and we will work to reduce the penalties our clients may face.

Clearing a Criminal Record Through Expungement or Sealing

A criminal record can follow a person long after a criminal case has been resolved. Convictions for misdemeanors or felonies may affect a person's ability to find employment or housing, their ability to obtain or keep a professional license, and other areas of their life. Fortunately, Illinois law provides options that may allow people to clear their records through expungement or record sealing.

Expungement will remove information about an arrest or criminal case from a person's record, completely eliminating these details from their criminal history. Cases that resulted in dismissal, acquittal, or certain types of supervision or diversion may be eligible for expungement.

Record sealing does not erase information from a criminal record, but it will hide the information from public view, limiting access to these records to law enforcement, courts, and some employers. Many misdemeanor and felony convictions may be eligible for sealing, depending on the nature of the offense and the time that has elapsed since the case ended.

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can help clients determine their eligibility for expungement or record sealing. We can prepare and file petitions for expungement or sealing with the appropriate court, and we can represent clients at hearings and address objections from prosecutors or other parties. We will provide knowledgeable guidance throughout this process, working to ensure that our clients can receive a fresh start.