Being charged with a crime in Joliet is frightening, but a charge is only an accusation — not a conviction. Every criminal case has potential defenses, and the right strategy depends on the facts, the evidence, and how the police and prosecutors handled your case. As a former Will County prosecutor, Attorney Jack Zaremba knows how the State builds these cases and where they break down. This page explains the main defenses available under Illinois law and how they are used to win dismissals, acquittals, and reduced charges in Will County.
You Are Presumed Innocent — the State Must Prove Its Case
In the American legal system, a person charged with a crime is presumed innocent until the State proves guilt beyond a reasonable doubt. You do not have to prove your innocence, testify, or present any evidence at all — the entire burden rests on the prosecution. “Beyond a reasonable doubt” is the highest standard in the law: if the judge or jury has any reasonable doubt about your guilt after weighing the evidence, the result should be a not-guilty verdict. You also have the right to remain silent during police questioning, and that silence cannot be used against you. Building a defense almost always begins here — by holding the State to its burden rather than helping it meet that burden.
Challenging How the Police Gathered Their Evidence
Some of the most powerful defenses never reach a jury — they are won before trial by attacking how the evidence was obtained. The Fourth Amendment protects you from unreasonable searches and seizures, and the Fifth and Sixth Amendments protect you during questioning. When police cross those lines, your attorney can file a motion to suppress evidence or a motion to quash arrest, asking the Will County court to throw out:
- Evidence from an unlawful traffic stop, search, or seizure
- Statements taken in violation of your Miranda rights
- Evidence seized after an arrest made without probable cause
When key evidence is suppressed, the State is often left without enough to proceed, leading to reduced charges or an outright dismissal. As a former prosecutor, Attorney Zaremba knows exactly which procedural shortcuts officers take and how to expose them.
Attacking the State’s Evidence
Even when the evidence is admitted, it can be challenged on its merits:
- Witness credibility — inconsistent statements, faulty memory, bias, or a motive to lie.
- Forensic and lab reliability — improper testing, contamination, or a broken chain of custody for drugs, blood, or DNA (often central to drug crimes cases).
- Breath and field sobriety testing — calibration failures and improper administration in DUI cases (see our DUI defense strategies).
- Mistaken eyewitness identification — one of the leading causes of wrongful convictions.
The goal is to create reasonable doubt: if the State’s evidence is unreliable, it cannot meet its burden.
Affirmative Defenses Under Illinois Law
Sometimes the defense is not “I didn’t do it” but “the law justifies or excuses what happened.” Illinois recognizes several affirmative defenses, including:
- Self-defense and defense of others (720 ILCS 5/7-1) and defense of a dwelling (720 ILCS 5/7-2) — using reasonable force against an imminent threat, frequently raised in assault & battery and domestic violence cases.
- Necessity (720 ILCS 5/7-13) — committing an offense to avoid a greater, imminent harm.
- Entrapment (720 ILCS 5/7-12) — being induced by law enforcement to commit a crime you were not predisposed to commit.
- Insanity (720 ILCS 5/6-2) — lacking the substantial capacity to appreciate the criminality of your conduct.
- Involuntary intoxication (720 ILCS 5/6-3) — being intoxicated without your knowledge or against your will.
- Mistake of fact or lack of criminal intent — many offenses require the State to prove you acted “knowingly” or “intentionally.”
Affirmative defenses are fact-intensive and must be supported with evidence, which is why early investigation matters.
Alibi and Mistaken Identity
An alibi defense shows you were somewhere else when the crime occurred, supported by witnesses, records, video, or phone data. Closely related is the mistaken-identity defense, where the State has simply charged the wrong person. Both attack the heart of the prosecution’s case — that you are the person who committed the offense.
When the Best Defense Is a Negotiated Outcome
Not every case should go to trial. Sometimes the strongest result comes from negotiation — a reduction to a lesser charge, court supervision that avoids a conviction, or a diversion program. A first-offense offender, for instance, may be eligible for court supervision that keeps the matter off their record, and a favorable resolution can later open the door to expungement or record sealing. Knowing how the State values a case — the perspective of a former prosecutor — is the key to negotiating from strength rather than fear. This often matters in cases like retail theft, where a first-time client’s long-term record is the real issue.
Why a Former Will County Prosecutor Makes the Difference
Most defense attorneys have only ever seen criminal cases from one side. Jack Zaremba spent years as a Will County prosecutor and an Illinois Assistant Attorney General before moving to the defense in 2009. He knows how charging decisions are made, how plea offers are evaluated, and where investigations go wrong — and he uses that insider knowledge to build the strongest possible defense for clients across every area of criminal defense. His office is in downtown Joliet, steps from the Will County Courthouse, and he handles every case personally.
Frequently Asked Questions
Does every criminal charge have a defense?
Yes. Even when the evidence seems strong, there are almost always avenues to challenge the case — how the evidence was obtained, whether the State can prove every element beyond a reasonable doubt, or whether a negotiated resolution is the better outcome.
Do I have to prove that I am innocent?
No. The burden is entirely on the prosecution to prove guilt beyond a reasonable doubt. You are not required to testify or present any evidence, and your silence cannot be used against you.
What is a motion to suppress?
It is a request asking the court to exclude evidence that police obtained illegally — for example, through an unlawful search or a Miranda violation. If the motion is granted, that evidence cannot be used at trial, which can cripple the State’s case.
What is the difference between a dismissal and a not-guilty verdict?
A dismissal ends the case before trial, often because evidence was suppressed or the State cannot proceed. A not-guilty verdict comes after a trial when the State fails to prove guilt beyond a reasonable doubt. Both mean there is no conviction.
Can my case be resolved without going to trial?
Often, yes. Many Will County cases are resolved through negotiated reductions, court supervision, or diversion. Whether that is the right move depends on the strength of the State’s case and your goals.
Contact a Joliet Criminal Defense Attorney
If you are facing criminal charges in Joliet, Will County, or Grundy County, the defense you build now will shape the rest of your life. Contact the Law Offices of Jack L. Zaremba, P.C. at 815-740-4025 for a free consultation — available 24 hours a day.