Criminal defense

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.

August 28, 2019

Man Accused of Killing 9-Year-Old Denied Right to Represent Himself

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

25-year-old Dwight Doty told a Chicago judge that since the trial involved him and he knew what was going on better than anyone else, he should be allowed to represent himself at trial. The judge denied his request. Doty is accused of killing a 9-year-old boy execution-style.

The judge told Doty that he believed his pro se defense motion was just a bid for delay. When a defendant petitions the court to represent themselves, the judge must sign off on the motion before allowing it to proceed. Famous individuals who represented themselves unsuccessfully include Colin Ferguson and Ted Bundy. In both cases, you had defendants with enough presumed intelligence to carry on the task of questioning witnesses. Both proved to be monumental disasters, however.

A judge in a criminal trial has a vested interest in ensuring that the proceedings are carried out fairly. In this case, the judge grilled Doty on his education and asked him why he thought he was qualified to try a case against two skilled defendants. Doty did not seem to have a good answer to that question, but was that good enough for the judge to deny his motion?

August 23, 2019

Mother and Daughter Charged in Grisly Slaying

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

It is the kind of crime that you see documentaries about on TV: A mother and daughter duo are charged with two counts of first-degree murder after police say that they killed an expectant mother and cut the baby from her womb. They have been charged with both the murder of the mother and the baby that she carried.

According to police, the women cut the baby from the mother’s womb and then delivered it to the hospital. Clarisa Figueroa, a former certified nursing assistant, passed the baby off as her own.

Police contend that the two plotted for weeks to steal Marlen Ochoa’s baby. They further contend that the Figueroas met Ochoa in a Facebook group called Help a Mother Out. The Figueroas offered to help Ochoa purchase new clothes for her baby. Police claimed that this lured her to their home where they proceeded to murder her and take her baby. The elder Figueroa, who had her tubes tied prior, claimed that she was also pregnant, going so far as to post pictures of the ultrasound.

August 21, 2019

19-Year-Old Charged in Abortion Clinic Threat

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

One of the problems with social media, anonymous interactions, and our current political climate is that people who are mere profiles are “less real” than they are when you are facing them in person. For some reason, people feel emboldened to make threats against institutions that they do not like online much more frequently than they would in person.

Recently, a 19-year-old man was charged with threatening to slaughter doctors, patients, and visitors of a Chicago abortion clinic. The threats were made over a social media site known as iFunny where users can share humorous or amusing memes with one another. Of course, afterward, Farhan Sheikh claimed the entire thing was a joke. But making a hoax threat is still illegal.

However, Sheikh basically threatened to slaughter anyone he saw at an abortion clinic that was about four miles away from his house and then warned FBI agents that his account was not satire and that they should take his threats seriously. Obviously, not very funny.

August 16, 2019

Man Accused of Sexually Assaulting Woman He Met on Dating App

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

There are quite a few threads in this one. According to police, 28-year-old Jason Taylor posed as a rideshare driver to assault a woman he met on Tinder. Police say that Jason Taylor used a false identity on the app and appeared to be stalking college students.

Police also say that Taylor began chatting with two Northwestern students who later refused to meet with him. He then began harassing them online.

In the case of the woman whom he did allegedly assault, it is unclear what their interaction was prior to the event. Taylor is being questioned in connection with a number of other sexual assaults that occurred around the Evanston area and beyond. Northwestern police are asking that anyone with information come forward at this time.

August 14, 2019

Man Fires Weapon Outside VA Hospital

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

Bernard Harvey, an Indianapolis man, has been charged with unlawful possession of a weapon by a felon the day after he discharged it outside a VA hospital several times before entering the hospital. This, of course, created a panic as the man entered with the semi-automatic rifle. No one was harmed during the event.

Harvey will be charged in federal court and under federal law for restrictions involving felons who illegally possess weapons.

Felon in Possession of a Firearm

August 7, 2019

Former Union Boss Charged With Extortion

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

John Coli Sr., a former Teamsters union boss, has been charged with extortion. Coli Sr. has an interesting reputation. Known for his brash and uncompromising language, he once told an attorney in a deposition to go “fudge” themselves. For years, controversy surrounded many of his decisions. He was accused of nepotism, cronyism, and having ties to criminal organizations.

According to the FBI, Coli was recorded urging a West Side film studio to dump one of its executives after the exec refused to pay him extortion money. Coli used gay slurs to describe the man as a rat and a whistleblower. Interestingly, however, Coli then pleaded guilty to the corruption charge and offered his own testimony in exchange for a lenient sentence.

Coli was accused of extorting over $300,000 from the aforementioned film studio by threatening labor strikes. Major television shows such as Empire and Chicago Fire are filmed at the studio as well as major films.

August 2, 2019

Man Pleads Not Guilty to Sexual Assault/Child Pornography Charges

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

At the same time that Illinois has eliminated the statute of limitations on sexual assault, an Oak Forest man is accused of predatory sexual assault of a minor, possession of child pornography, and 23 other felony crimes related to those two main counts. The sexual assault is alleged to have been perpetrated against a minor under the age of 13.

Jason Akai was indicted earlier this month and can face between six and 30 years for each felony count of criminal sexual conduct toward a minor. He was also charged with 19 counts of felony possession of child pornography, which would tack on another 15 years.

Alongside Akai, Kimberly Schubert is being charged with predatory criminal sexual assault of a minor under the age of 13 and felony possession of child pornography. Schubert has also pleaded not guilty to the charges.

July 31, 2019

Woman Faces Charges of Identity Theft of Empire Star

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

Chicago police have arrested and charged Alicia Newby who allegedly stole the identities of several people, purchased thousands of dollars of merchandise online, and had the merchandise mailed to dummy addresses. One of the people whose identities she stole was Taraji P. Henson, who is a star in the hit television series Empire.

Alicia Newby is also the mother of six and has another child on the way. Newby is being represented by a court-appointed attorney. She is being charged with one count of continuing a financial crime enterprise. She has been released on $10,000 signature bail but is being monitored electronically and has been forbidden from contacting either victims of her alleged crimes or witnesses whom the prosecution intends to call.

Prosecutors Say Newby Managed to Hack Henson’s Email