Criminal defense

October 4, 2019

Man Found in Connection With Year-Old Rape Investigation

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

A man entered a 43-year-old woman’s apartment through a back door that she had left open to get some air and sexually assaulted her. A year passed with no suspects. Now, DNA links Christopher Nelson to the crime. He has been denied bail.

Decades of CSI-style TV shows have led the American public to believe that DNA evidence is unimpeachable. Indeed, it provides law enforcement with its best means of tracking individuals to certain crimes. DNA links Nelson to the crime and the woman he assaulted also picked him out of a lineup.

Understanding DNA Evidence in Rape Cases

October 2, 2019

Man Who Drove SUV into Mall Charged with Terrorism

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

Javier Garcia, the 22-year-old man who drove an SUV into the Woodfield Mall in Schaumburg, has been charged with terrorism. Illinois State Law defines terrorism as any act that causes more than $100,000 worth of damage to a building with five or more businesses inside of it. Unluckily for Garcia, malls apply. He faces a second count of criminal property damage.

Investigators say that this was a planned attack and that Garcia had searched for the Woodfield Mall, including aerial shots of the mall. He seemed particularly interested in Sears for some reason, but no motive for the act has yet been unearthed.

Those who were there on the scene when Garcia drove his SUV through the mall recall the vehicle barrelling through kiosks and shoppers running panicked for their lives. Garcia was caught on video browsing in Sears, then he left the building and drove his vehicle into the store. Police said that Garcia narrowly missed a children’s train that had children riding on it. While no one was hit by the car itself, three people had to be taken to the hospital with minor injuries.

September 27, 2019

Chicago College Student Accused of Being a Spy

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

If you are into intrigue, the case against Chicago exchange student Ji Chaoqun has got to be one of the most fascinating developments in recent memory. Ji is accused of being a Chinese spy tasked with gathering information on eight Chinese nationals working for major U.S. aerospace companies and many of whom have worked for Department of Defense contractors.

Officials believe that Ji met with handlers in China where he was tasked with uncovering biographical information on these individuals and attempting to recruit them for the Chinese government. Officials say that China was attempting to steal U.S. secrets related to aerospace engineering and Ji was meant to help turn the eight scientific experts against the U.S. and leak our secrets to the Chinese government.

The student now finds himself embroiled in an international conspiracy.

September 25, 2019

Defense Presses for Mistrial in the Tyshawn Lee Murder Trial

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

One of the most carefully watched criminal trials in recent memory hit a snag when defense attorneys claimed that the prosecution withheld evidence in the Tyshawn Lee murder trial. Two men are charged with murdering the 9-year-old boy in a gang-related killing. The two are accused of targeting the boy because they believed his father had been involved in an attack targeting one of the defendant’s family members.

What Did the Prosecution do?

Essentially, the prosecution failed to provide evidence that police had stopped two young men that fled the scene of a music video being shot. The gun that killed Tyshawn Lee was later recovered from that incident. During the trial, police suddenly remembered that they had made this stop and informed prosecutors. Prosecutors handed this information over to the defense while the trial was underway, and the defense was rightfully upset to be learning about it well into the trial.

September 20, 2019

Will Criminal Charges be Filed Against Lincoln Park Nursing Home?

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

Cook County State’s Attorney Kim Foxx will decide whether or not to press charges against employees at a Lincoln Park nursing home who swindled a resident with dementia out of $700,000. Public Guardian Charles Golbert took custody of 98-year-old Grace Watanabe removing her from the care of Symphony Residences.

Watanabe was removed in 2018 after her bank noticed a series of unusual withdrawals and alerted authorities. Currently, there is a civil action against the Nursing Home naming individual staff members who attempted to drain the woman’s bank account dry. Those close to the woman, however, are hoping that criminal charges are filed against those who directly perpetrated the theft. Criminal charges would take precedence over civil charges and that case would be prosecuted first. If the defendants in the criminal case lose in court, it severely limits their ability to defend themselves in civil court.

Golbert Asks for Criminal Charges Against Five Employees

September 18, 2019

Feds Take on JPMorgan Execs in RICO Case

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

JPMorgan executives tasked with managing the bank’s precious metal investing are now the target of an extremely aggressive investigation in which some of these executives are being charged under RICO. Federal prosecutors agreed that the move was aggressive and rarely used in banking conspiracy cases, but also noted that the alleged price-fixing and racketeering occurred over eight years. JPMorgan pleaded guilty to price-fixing and the major players, at least the ones who were caught, now face serious criminal charges.

Prosecutors also allege that Michael Nowak, the main player in the federal investigation, ripped off market participants and clients in order to control the prices of gold, platinum, silver, and palladium. Two other traders were charged, as well.

Spoofing

September 11, 2019

Man Acquitted of Making Threats Against Federal Agents

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

The FBI filed federal charges against a 34-year-old Morton Grove man who they claimed made threats to kill FBI agents over the phone. However, Matthew Berger was acquitted of all five charges of sending threatening communications to a federal officer.

Berger has an interesting rap sheet. He has been in federal custody since his arraignment in December and will now be transferred to a Cook County facility for allegedly pulling a fire alarm in a police station.

The ‘Guy is Annoying but Didn’t Commit a Crime’ Defense

September 6, 2019

Man Charged in Road Rage Murder

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

Liltony M. Van has been charged with first-degree murder after a road rage incident turned fatal. According to reports, the other man, Marquist Boyd had a baseball bat on him and brandished it. Van pulled out a handgun and shot Boyd in the head. It is unclear whether or not Van owned the gun legally, but the only other charge against him is criminal trespass to a vehicle.

To date, 28 states have passed some version of a “stand your ground” law, with Florida’s being the most notable. In Florida, if an individual has reasonable cause to believe that another person is going to harm or injure them, they are within their rights to use lethal force against that individual. If this altercation took place in Florida, it may be hard to even get it before a jury. This is because if a defendant raises a “stand your ground” defense during an indictment, the prosecutor must overcome a burden of proof to follow up with a jury trial. Furthermore, if the case is allowed to proceed to a jury, the defendant may use a stand your ground defense to the charges.

As permissive as Florida’s law is, it is not a proverbial ace in the hole against charges that involve any altercation, and Illinois’ law is less permissive still. Here, we will take a look at what kind of chances Liltony M. Van would have with a self-defense plea.

September 4, 2019

The Marijuana Algorithm That Will Clean Your Record

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

As Illinois moves to become the latest state to legalize the recreational use of marijuana, many individuals who have criminal records for possession are about to see those records expunged. Under the new law, possession of up to 30 grams of marijuana at a time is authorized by law. Possessing greater quantities, however, is still considered criminal under Illinois Cannabis Regulation and Tax Act.

Law enforcement will use an algorithm to go through all the criminal records in Chicago and expunge any record of possession of marijuana that was at or below 30 grams. Those who have been caught with 500 grams or less can also have their records expunged, but they are required to petition the court to do so. 500 grams is over a pound, so this would be considered trafficking territory.

If you have a conviction for under 30 grams, then you do not have to do anything at all. The court will take care of it automatically and issue you a notice that your record has been expunged. Anything over 30 grams will require you to petition the court for an expungement.

August 30, 2019

Homeless Man Allowed to Represent Self in Murder of Off-Duty Cop

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

Judges have broad discretion when it comes to allowing defendants to represent themselves. In a recent case, a judge denied a pro se petition by Dwight Doty to represent himself in the slaying of a 9-year-old boy whose father was a member of a rival gang. But another recent case outlines the perils of getting what you wish for.

Jovan Battle, a homeless man who was accused of murdering an off-duty police officer was convicted after a jury determined he was culpable for the death of an officer and the wounding of his friend. While the case would have likely resulted in a conviction of some kind, it did not have to result in a first-degree murder conviction and several armed battery counts for which Battle will spend the rest of his life in prison. In fact, Battle never pulled the trigger or opened fire on anyone.

According to prosecutors, Battle mistook the police officer for some another person with whom he had had a fight earlier that night. He directed one of the two other men he was with that night to their car and that man opened fire, killing the officers and injuring his friend. Of course, none of that should have been disclosed to police during the interrogation, and yet all of it was, so it formed the basis of their first-degree murder charge against Battle.