Criminal defense

January 6, 2023

SAFE-T Act Put on Hold Amid Legal Battles

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

The SAFE-T Act was set to go into effect on January 1st of the new year. However, the no-cash bail provision of the bill was deemed unconstitutional by an Illinois judge. The Illinois Supreme Court put a halt on the legislation, which will likely force legislators to revisit some of the provisions of the bill.

While those on the right have derided the legislation as being soft on crime and making the streets less safe, the left believes that the criminal justice system unfairly favors those with money. Ending cash bail is one way to make the system fairer. However, it is not clear that either side is correct, and in all of the confusion, necessary reforms are falling by the wayside.

Had the Supreme Court not stepped in to block the legislation, cash bail would have survived in the counties that sued to block the measure. With some counties participating and others not, the court blocked the legislation until it could review it more carefully and determine if any of the provisions of the law violated the state constitution.

December 30, 2022

New Junk Science Being Used by Police to Destroy Lives

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

Over-the-phone lie detection is the latest junk science employed by the FBI and police departments across the country. While experts familiar with the work say it should not be used to convict individuals, it is being used to analyze 911 calls to determine whether the calls are honest or false.

Today, the Karen phenomenon and swatting have police on high alert for false calls. But it isn’t swatting and Karens that are being stopped. Often, it’s people who “say the wrong thing,” according to this method of analyzing speech patterns. And that could be anyone, even the victim of domestic violence or sexual assault.

What You Need to Understand

December 28, 2022

911 Call Analysis Used to Convict Man of Murder

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

A recent television series documented a case in the United States revolving around a man accused of murdering his wife. In the criminal case, the prosecution used testimony from an expert witness to claim that the man staged the 911 call and was actually himself the murderer. He was convicted based on the testimony of a sergeant who interpreted the 911 call as being staged. A jury convicted the man on that basis.

The basis for the witness’s testimony is a little-known method of lie detection promulgated by police departments and the FBI. According to these departments, you can tell if a person is lying by interpreting linguistic cues and stress in their voice. Of course, there is little scientific basis for this, and there has been no testing to determine the veracity of these claims. That’s not the problem, however.

In most cases, we would laud anyone who wanted to endeavor to determine if there was any method to determine if someone was lying by studying their vocal cues. That’s not what’s happening here, however. Instead, the police departments are assuming that they can do this without subjecting their procedures to peer review. Even those most familiar with the theory have publicly stated it should not be used to convict individuals. Nonetheless, there have been 100 cases (at least) throughout the U.S. in which 911 call analysis or vocal stress interpretation.

December 21, 2022

Father of Highland Park Suspect to Face Charges for Sponsoring Gun License

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

The father of Highland Park shooter Robert Crimo III will face seven counts of reckless conduct after sponsoring his son’s gun license. Robert Crimo Jr. surrendered himself to police after the charges were announced. Only an individual can face a crime related to reckless conduct. The government, of course, would never file charges against itself for authorizing the license to Crimo III. However, that is exactly what happened.

The prosecutor for the state told the press that parents are in the best position to determine whether or not their child should have a gun. However, this is equivalent to shifting the responsibility of licensing to the parents and away from the government. It would be an admission that the licensing process does not work and relies entirely on parents to determine if their children should be allowed access to weapons. In this case, the boy was 19 when his gun license was sponsored.

Analyzing the Prosection’s Arguments

December 16, 2022

Man Indicted on Hate Crime Charges for Threats Made at Jewish High School

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

A poorly-adjusted Chicago man approached a Jewish high school and began making threats against students and a rabbi who performed security at the school. The man made several Holocaust-related provocations at students and faculty and, at one point, began goosestepping and doing a Nazi march. When police arrived at the scene, the defendant was still doing the Nazi march. He was then taken into custody.

He has since been charged with a hate crime and is being held on a $100,000 bond. He must post $10,000 before he can be released from custody. If he fails to post the $10,000, he will remain in jail until his case is decided.

Analyzing the Defense

December 14, 2022

Mother Faces Charges of Cyberbullying Teens and Daughter

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

In a bad mood? Want to turn it around with a little cyberbullying? Think again. A Michigan woman is facing charges related to cyberbullying teenage students, including her own daughter, according to authorities. The woman is facing five counts, including, most importantly, stalking a minor.

The woman’s own daughter and her boyfriend reported getting harassing messages to authorities which spurred forth the investigation, which lasted a year. Ultimately, the culprit turned out to be the girl’s own mother.

The mother used VPNs and other methods to hide her identity. At one point, she attempted to obscure her IP address in a manner that would lay the blame on classmates of her daughter. The woman was also working as a basketball coach at the time. Law enforcement says that the VPN exposed the defendant’s IP address for a fraction of a second before connecting. Indeed, you must connect your VPN prior to going onto the internet. If you do it after connecting, you will expose your actual IP while the VPN is unconnected or if it goes out. VPNs are not foolproof. A network interruption could expose your IP. Alternatively, not all VPNs are created equally. In this case, the woman’s IP was exposed.

November 30, 2022

Chicago Man Charged With Attacking Cops in January 6th Riot

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

A Chicago man is facing criminal charges for his role in the January 6th protest-turned-riot on Capitol Hill. He is facing federal charges, including assaulting a federal law enforcement officer, destruction of government property, and civil disorder.

Thus far, over 950 have faced charges related to January 6th. Arrestees hail from all 50 states. This individual earned the online handle “RailMixer” after he used a broken piece of metal railing to ram the doors of the Capitol.

The defendant can be seen on video swinging a metal railing or bicycle rack to bring down the doors of the Capitol. He is also seen swinging his arms at police officers. The man won some acclaim from the internet for his conduct that day, and his image was circulated along with the tag “railmixer.” Eventually, these images made their way to the FBI website, where they were requesting information on the January 6th rioters. The FBI began interviewing associates of the eventual defendant, and through an attorney, the defendant reached out to the FBI.

November 23, 2022

Defendant Goes to Prison for Stalking R. Kelly Victim

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

A defendant has been sentenced to 20 months in federal prison after his role in stalking and harassing an R. Kelly victim and her mother. The man described himself as a manager and advisor for the beleaguered pop star and threatened the mother and her daughter after they filed a civil lawsuit against Kelly. The harassment appeared to be a means of keeping the victim silent on the matter and preventing the lawsuit from moving forward.

According to investigators, the defendant threatened to publicly release sexual photographs of the victim if she did not withdraw her lawsuit. The defendant allegedly sent the photos to the victim’s lawyer and the victim herself, stating that he “would seek criminal charges.” It is unclear what criminal charges he would seek or what criminal charges were available for him. He is now convicted of stalking.

The defendant is also accused of setting up a Facebook page called “Surviving Lies,” a play on the documentary “Surviving R. Kelly,” which was broadcast by Netflix and discussed the lives of the survivors. During a podcast interview, the defendant displayed sexually explicit images of the victim on screen.

November 18, 2022

Violent Crime Reductions by Decade

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

Since the late 80s, the United States has shown significant reductions in violent crimes and murders. The numbers continued to decline even as the U.S. population gained 100 million new members.

In 1960, the violent crime rate was about 160 incidents per 100,0000 people. By the end of the ‘60s, the number would more than double to 328 incidents per 100,0000 people. By the end of the ‘80s, there were almost 700 incidents per 100,000 people. The number peaked in 1991 when the U.S. reported over 750 violent crimes per 100,000 people.

But after 1991, the number started going down. In 1992, it decreased by only one percentage point, but by the end of the decade, the number had dropped to 523 violent crimes per 100,000 people. By 2009, we were below 500, at 431. In 2014, we hit a 40-year low at 372 violent crimes per 100,000 people. In 2019, we were at 379.

November 16, 2022

Pretrial Fairness Act

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

It is no secret that criminal justice reform feels like a slap in the face to police officers. It stands to reason, then, that some police departments would refuse to implement provisions passed in 2021.

In 2021, Illinois passed the Pretrial Fairness Act, which extended privileges to those awaiting trial and under electronic monitoring. Among other things, it allowed individuals to leave their houses for essential business. During certain periods of certain days, they were allowed to leave the house to run errands.

However, Cook County has been denying essential days to those who also work. The measure was implemented unilaterally by the Cook County sheriff, and many believe that it is a violation of the law, if not the letter of the law, then at least the spirit of the law. But perhaps that is the point.