Chicago Criminal Lawyer Blog

December 8, 2021

Ahmaud Arbery Killers Convicted of Felony Murder, Malice Murder

by Law Offices of David L. Freidberg, P.C.

Kyle Rittenhouse has been eating up the headlines, but a recent verdict in favor of the prosecution may salve any lingering misgivings about his acquittal. Three men have been charged with the murder of Ahmaud Arbery in Georgia. The men approached Arbery on the street believing that he was loitering around a home that was under construction so that he could find something to steal. The men detained Arbery under a centuries-old citizen’s arrest law that has since been repealed after furor over the Arbery case.

Travis McMichael was convicted of malice murder, which is similar to first-degree murder in Illinois. It was the strongest conviction the prosecution was able to attain. McMichael’s son was charged with felony murder as was a third man who broke the case wide open by publishing a video of the murder.

But the case almost did not make it to trial. Now, the first prosecutor who was presented with the case is facing charges of prosecutorial misconduct for her role in preventing the case from going to trial. The state’s attorney general has charged the prosecutor with prosecutorial misconduct and corruption. She recused herself from the case when it became known that she and the McMichaels knew one another. She is accused of attempting to influence the prosecution of the case in favor of the defendants.

December 3, 2021

Woman Charged in Death of Mother Faces Trial in U.S.

by Law Offices of David L. Freidberg, P.C.

A Chicago-area woman is facing charges for the murder of her mother in Indonesia. She spent the last seven years in an Indonesian prison on the same charges. She is believed to have killed her mother with the help of her boyfriend at the time. Authorities believe that the daughter and her boyfriend killed the mother and then stuffed her into a suitcase. The two exchanged text messages on how and when to kill the mother. The defendant has pleaded not guilty to the charges but waived a release hearing that would have allowed the judge to set bond. She will remain in federal prison until January when her next hearing is set.

Does double jeopardy apply to foreign prosecutions?

No. It is only intra-circuit, which can make things frustrating and confusing. If, for example, a defendant is charged under state law and the jury comes back with a verdict of not guilty, the federal government can step in and re-prosecute the charges. This almost never happens unless the issue is extremely high-profile and the stakes in a conviction are extremely high.

December 1, 2021

Two Brothers Face Federal Charges for Fencing Stolen Electronics

by Law Offices of David L. Freidberg, P.C.

Two Chicago-area brothers are facing charges related to the fencing of stolen merchandise from their electronics store. The brothers are believed to have knowingly acquired the stolen merchandise, which is important for their successful prosecution. Authorities say that the merchandise was stolen from railcars and then sold to the brothers by thieves. They then repackaged laptops, fitbits, and other electronic devices for sale in other states and countries.

Transportation of Stolen Goods

There are several statutes that the brothers can be charged under, but in this case, they are only being charged with selling and transporting the stolen goods, not with actually stealing them. You can bet that if federal prosecutors had evidence of the brothers stealing the goods or being involved in the theft, that the charges would have been much higher. That is because theft of interstate commercial goods are prosecuted under The Hobbes Act which is an anti-organized crime and racketeering legislation that allows for enhanced penalties related to the interference of interstate commerce. In this case, the brothers avoided penalties under the Hobbes Act because they did not use force or coercion to acquire the goods.

November 26, 2021

Chicago Officer Facing Charges for Firing at SUV Thief

by Law Offices of David L. Freidberg, P.C.

Under the law, police officers face the same consequences for committing crimes that the general public does. The issue that comes into play is the fact that police officers have more ability to manipulate the law to their advantage than the general public does. When they commit crimes, they understand how an investigation will unfold, they can cover their tracks, and they have the support of their brothers in blue to back them up.

Recently, an off-duty Chicago police officer was charged with discharging her weapon at Sam’s Club when a team of thieves attempted to swipe her SUV. She was in the parking lot with her husband when the theft occurred. The officer opened fire on the thieves and has since been charged with a crime: Reckless discharge of a weapon. Did she really commit a crime?

Analyzing the Charges

November 22, 2021

Could Rittenhouse Face Federal Charges After Acquittal?

by Law Offices of David L. Freidberg, P.C.

One thing many folks are not aware of is that double jeopardy, the legal concept by which an individual can only be tried once for the same crime, does not apply across jurisdictions. While it is exceedingly rare for the federal government to pursue a prosecution that was already lost at the state level, it is much more likely in cases when the defendant is acquitted. It is also more likely in cases where the federal government has a valid reason to pursue the charges under federal law, and the cases they do pursue after failed state prosecutions tend to be high-profile high-stakes cases like Rittenhouse’s trial.

The jury was made aware by the judge that if they convicted Rittenhouse on any of the homicide charges, it would reduce the likelihood of a second trial filed by the federal government. On the other hand, it increased the possibility that Rittenhouse would be convicted in this trial. In other words, the jurors were instructed as to the consequences of their decision.

What Federal Charges Could Rittenhouse Face?

November 19, 2021

Prosecution Goes for Mistrial in Rittenhouse Murder Trial

by Law Offices of David L. Freidberg, P.C.

The Kyle Rittenhouse murder trial took an interesting turn this week. When a judge excludes a certain line of questioning from a criminal case, neither side can ask questions that would put a witness in the position of answering that question. In this case, the judge excluded evidence that Rittenhouse was going to the protest to defend property. The prosecution had Rittenhouse on the ropes when they broached that line of questioning. Before Rittenhouse could answer through tearful sobs, the judge shut down the proceedings, rebuked the prosecutor, and sent the jury out of the room.

The defense’s objection raised the point that the trial was not going well for the prosecution. By asking questions that had been specifically prohibited by the judge, the prosecution (the defense claimed) was attempting to cause a mistrial that would have allowed the prosecution to start all over again, perhaps with a better theory of what happened and stronger supporting evidence that could be made. The defense then also moved for a mistrial with prejudice. That would have meant that the trial could not have ever been retried by the prosecution and Rittenhouse would be presumed innocent of the charges for the remainder of his life.

Understanding What is Happening

November 17, 2021

The Justifiable Use of Force and the Duty to Retreat

by Law Offices of David L. Freidberg, P.C.

With the Kyle Rittenhouse trial now entering its waning hours, much and more has been written about the justifiable use of force in self-defense situations. In the Rittenhouse case, the prosecution is failing to overcome the statutes that make exceptions for the lethal use of force in certain situations.

The prosecution had hoped to introduce evidence that Rittenhouse had gone to the riot in order to “defend property,” but was rebuffed from introducing that evidence. Further, the prosecution was unable to uncover any social media evidence that indicated that Rittenhouse went there for the purpose of doing armed combat with “commies.” That would have been the smoking gun (no pun intended) they needed to pursue a strong prosecution against Rittenhouse. Unfortunately, they never uncovered that smoking gun. And while we can all question why Rittenhouse was allowed to enter a war zone with a gun and the type of parenting failures that had to go into that decision, the jury will not be able to take that into account.

That means that the prosecution is stuck arguing that Rittenhouse did not act in self-defense once he got to Kenosha. Since the one guy was going after his gun and the other guy tried to hit him with a skateboard, the prosecution will likely not overcome their burden of proof.

November 12, 2021

Kyle Rittenhouse Murder Trial Enters Second Week

by Law Offices of David L. Freidberg, P.C.

Kyle Rittenhouse, the teen charged with murder of two people during race riots in Wisconsin, has entered the second week of his trial to determine if the teen should face adult penalties for the deaths. Meanwhile, a political war is brewing over whether or not Rittenhouse did anything wrong or even illegal. With polarization on both sides of the issue, some believe that Rittenhouse was doing his best to protect his country from armed mobs. Others believe that Rittenhouse went out there looking for a fight. Depending on who you believe, you may be inclined to think Rittenhouse is guilty or innocent.

Despite media claims, Wisconsin does not place restrictions on the ownership or possession of weapons by 17-year-olds. Rittenhouse broke no law by carrying the rifle and his defense team maintains that he acquired the rifle in Wisconsin meaning he did not transport the rifle over state lines. The only question before the jury is whether or not Rittenhouse was justified in discharging the weapon.

The Question of Self-Defense

November 10, 2021

Three Defendants Arrested After Cocaine is Seized on Plane

by Law Offices of David L. Freidberg, P.C.

The federal government has seized a private plane and 100 kilograms of cocaine from a suspected Mexico-to-Chicago pipeline. 80 kilos were seized from a vehicle in Chicago and another 20 were found in a hotel room. The plane was seized as part of the investigation. Authorities believe that the plane made its way to the Gary International Airport by way of Houston. The drugs were eventually found here in Chicago. Three men are now facing charges related to drug trafficking.

Private Jets and Drug Trafficking

Despite the cost of private jets, they are becoming much more popular among cartels and other traffickers. Private jets can look like personal business jets, so they provide good cover in plain sight. In many cases, these planes are coming from Brazil, which has been red-flagged as a major narco hotspot after mechanics found cocaine on a plane that had radioed for help.

November 5, 2021

Four Men Charged With Trafficking Guns From St. Louis to Chicago

by Law Offices of David L. Freidberg, P.C.

When you think of gun trafficking charges, you generally think of hit TV shows like The Sons of Anarchy. On the show, the bikers formed an uneasy alliance with the Irish Republican Army who manufactured guns for sale on American streets. The bikers made alliances with the cartel and were generally a mass distributor of weapons to criminal organizations. In other words, they dealt in quantity. While gun trafficking like this does occur, it is much more likely that weapons trafficking charges will take on a more modest form.

In one local case, four men were charged with the illegal sale of weapons on the streets to individual buyers. The guns were purchased at gun shows around the country, distributed to a St. Louis defendant who moved the guns into Chicago, where they were distributed to a street-level dealer who sold the guns on the black market. All of this is outside the regulatory framework of gun sales. That makes it illegal. However, it is much easier to pull off a scheme like this than it is to be responsible for managing international distribution over the ocean. Hence, it is much more common to see weapons trafficking charges take this form rather than criminal organizations acting as logistics to gun manufacturers.

From the Street Level Up