Criminal Defense
DuPage County Criminal Defense Lawyer
An arrest does not have to define your future. Michelle Moore spent six years prosecuting cases for the DuPage County State's Attorney before opening her own practice in 2001. For more than 25 years since, she has used that inside knowledge to defend people charged with misdemeanors and felonies across the Chicago suburbs.
A former prosecutor on your side
Most people facing a criminal charge want to know three things: what happens next, what the worst case is, and how to make it go away. Michelle answers all three plainly in your first conversation.
Because she has charged and tried cases herself, Michelle knows how prosecutors decide which cases to push, which ones to reduce, and which ones to dismiss. She looks for the problems in the State's case, such as an unlawful stop, an illegal search, a weak identification, or a missing piece of evidence, and uses them to get you the best result available, whether that is a dismissal, a reduced charge, supervision, or a not-guilty verdict at trial.
She also looks at the person behind the case. When underlying issues like substance use or mental health played a role, Michelle works to connect clients with treatment and present that to the court, which can lead to better outcomes and fewer repeat problems.
Criminal charges Michelle defends
Michelle handles cases in state court and in municipal courts throughout DuPage, Will, Kane and Cook Counties.
Misdemeanors
Retail theft, criminal damage to property, disorderly conduct, resisting arrest, trespass, and other Class A, B and C misdemeanors.
Felonies
Class 4 through Class X felonies, including burglary, aggravated battery, weapons offenses, and the most serious charges, including murder.
Drug charges
Possession of a controlled substance, possession with intent to deliver, paraphernalia, and cannabis offenses that are still illegal under Illinois law.
Domestic battery & orders of protection
Domestic battery charges and the orders of protection that often come with them, which can affect your home, your children, and your firearms rights.
DUI & driving offenses
DUI, aggravated DUI, driving while suspended or revoked, and leaving the scene. See DUI & traffic defense.
Ordinance violations
Offenses charged under a village or city code instead of state law. See municipal ordinance defense.
Asset forfeiture
Cars, cash and property seized in connection with an arrest. Strict deadlines apply. See civil asset forfeiture.
Appeals & clemency
Challenging a conviction or sentence on appeal, and petitions for executive clemency. See appeals.
What happens after an arrest in Illinois
Arrest and pretrial release
Illinois no longer uses cash bail. Most people are released with conditions, such as appearing in court or having no contact with certain people. A prosecutor can ask a judge to detain someone in more serious cases.
First appearance
The charges are read, a not-guilty plea is entered, and the next court date is set. Michelle files her appearance and requests the evidence.
Discovery and investigation
Michelle reviews police reports, body-camera and squad video, lab results, and witness statements, and does her own investigation where needed.
Pretrial motions
If evidence was obtained through an unlawful stop, search or interrogation, Michelle can move to suppress it. Winning a motion can end a case.
Negotiation or trial
Many cases resolve with a dismissal, reduction, supervision or diversion. When the right result requires it, Michelle takes the case to a bench or jury trial.
Protecting your record
After the case, Michelle can advise you on expungement or sealing so the arrest does not follow you.
Criminal defense questions
What is the difference between a misdemeanor and a felony in Illinois?
A misdemeanor carries a possible sentence of less than one year, served in county jail, and is classified as Class A, B or C. A felony carries a possible sentence of one year or more in the Illinois Department of Corrections and ranges from Class 4 (least serious) up to Class X and first-degree murder. Both can affect employment, housing, professional licenses and immigration status.
Do I have to pay bail to get out of jail in Illinois?
No. Since September 18, 2023, Illinois no longer uses cash bail. Under the Pretrial Fairness Act, people are released before trial unless the prosecutor files a petition and a judge finds they must be detained. Release usually comes with conditions, such as appearing in court, having no contact with certain people, or avoiding certain places. Violating those conditions can lead to detention, so follow them carefully.
Should I talk to the police about my case?
Politely decline until you have a lawyer. You have the right to remain silent and the right to an attorney. Say clearly, "I want to speak with a lawyer," and then stop answering questions. Statements made to "clear things up" are among the most common evidence used against people. This also applies to phone calls from jail, which are recorded.
What happens at my first court date?
Your first appearance is usually an arraignment or initial appearance. The charges are formally read, you enter a plea of not guilty, and the court sets the next date. Your attorney can file an appearance, request the police reports and video (discovery), and sometimes handle the date without you, depending on the charge and the courtroom. Never miss a court date. A missed date can lead to a warrant.
Can my charges be dropped or reduced?
Often. Charges can be dismissed when the evidence is weak or was obtained unlawfully, and they are frequently reduced through negotiation. Some cases qualify for supervision, deferred prosecution, or diversion programs that avoid a conviction. Michelle spent six years as a DuPage County prosecutor, so she knows how prosecutors evaluate cases and what moves them.
Can I get my arrest or conviction expunged?
Many Illinois records can be expunged (destroyed) or sealed (hidden from most background checks). Arrests that did not lead to a conviction, supervision, and many misdemeanor and felony convictions may qualify after a waiting period. DUI and certain violent and sex offenses are excluded. Michelle can review your record and tell you what is possible.
Tell Michelle about your case
The more Michelle knows up front, the faster she can tell you where you stand. Fill in what you can. Leave anything blank you are unsure about, and bring your paperwork (ticket, bond or release papers, police report) to your consultation.
Charged, ticketed, or hurt? Talk to Michelle today.
Your first consultation is free. The sooner you call, the more options you usually have, especially when there is a court date or license deadline coming up.