Criminal defense

April 29, 2020

Bail Charities Under Fire as Released Commit New Crimes

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

There has been a great deal of discussion recently over the role bail plays in American society. Political pundits who are rallying against bail reform cite instances of re-offense while the suspect is awaiting charges for another crime. Political pundits in favor of bail reform argue that the system is patently unfair and individuals charged with nonviolent crimes rot in jail for a year while the wheels of justice slowly turn.

Now, one charity is being scrutinized by the media after providing bail to inmates who then turned around and offended again.

Habitual Criminal Activity

April 22, 2020

Some Detainees Get Released From Jail Amid COVID-19 Fears

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

Those who are in prison awaiting trial for crimes for which they have been accused are considered innocent until proven guilty. Yet the law has a vested interest in holding some detainees until trial—especially if they are considered either flight risks or a danger to the community.

Despite that, one Chicago criminal defense attorney was able to get over a dozen Chicago inmates released amid the COVID-19 epidemic.

Prisons and Jails are Responsible for Inmate Safety

April 15, 2020

Man on Parole for Shooting Accused of Murder

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

You do not need to have a law degree to know that shooting someone while on parole is a parole violation. Nonetheless, Kyle S. Carter was accused of this crime after a drug deal went sour at an Aldi grocery store on Chicago’s west side.

Carter has now been charged with first-degree murder, possession of more than 15 grams of cocaine, and armed robbery. If convicted, he will most likely spend the rest of his life behind bars.

What Happened?

April 10, 2020

COVID-19 Bail Motions in the Age of Quarantine

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

Both Harvey Weinstein and R. Kelly have filed motions with the court for temporary release during the coronavirus outbreak citing health hazards. Weinstein and Kelly are both older with Weinstein being the more vulnerable of the two due to a recent surgery and more advanced age. Both were denied bail by the courts.

But can others be expected to get their bail denied during the COVID-19 outbreak?

The Virus is a Problem for Prisons

April 8, 2020

Pregnant Chicago Teen Murdered After Testifying at Trial

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

Treja Kelley was asked to take the stand against the man who had killed her cousin. After she helped the state secure a guilty verdict, a $5,000 bounty was placed on her head. A few months after she testified, Kelley was shot and killed. She was 18 years old, and she was pregnant.

The man who is accused of killing her, Kevarian Rogers, allegedly bragged about “nailing the girl” who testified against somebody. Rogers is now facing first-degree murder charges for the death of the young woman.

Social Media Posts Will be Used to Convict Him

April 3, 2020

Kelly Asks Court to Release Him Amid Coronavirus Fears

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

R. Kelly has been denied a request to seek release from jail during the coronavirus outbreak. The disgraced singer’s attorneys filed a request for bond with the U.S. District Court in Chicago. Attorneys for Kelly claimed that because of his advanced age (53) he was at high risk of contracting and suffering severe symptoms of the coronavirus. Kelly’s attorneys also stated that hand sanitizer and soap are difficult to find at the present moment and that inmates are kept in small cells and are not practicing social distancing.

Nonetheless, the court rejected Kelly’s request and the embattled pop star is not elderly enough to be considered in the high-risk group. Kelly had also undergone a recent surgery for a hernia, but the court ruled that it did not place him in a substantially higher risk group than others. Lastly, federal authorities reported that the prison has enough soap and hand sanitizer for everyone. The final nail in the coffin was that there were no reports of the virus among inmates.

Prosecutors Cite Kelly as a Flight Risk

March 27, 2020

Sick People Could be Fined for Going Outside

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

Each state has its own laws when dealing with quarantine orders. There are also federal laws that lay out penalties for violating a quarantine order. These laws vary widely from one state to another. In some places, like Florida, you can be charged with a misdemeanor and face six months in county jail.

The City of Chicago and the State of Illinois have their own measures in place for meting out punishment for those who violate a quarantine order. In this article, we will take a look at what the law says about staying indoors during this difficult period.

All Sick People: Shelter in Place

March 25, 2020

Missouri Man Charged with Making Terror Threat in Grocery Store

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

In the age of the coronavirus, crime still exists even as the courts are mostly shut down across the United States and especially here in Illinois. In fact, throughout much of the U.S., the criminal justice system is on pause. However, in Missouri, one man has been charged with making terrorist threats after he videoed himself licking deodorant in a Missouri Walmart.

Cody Lee Pfister was arrested by the Warrenton police department after posting the video to social media on March 11. The Warren County Prosecutor’s Office has charged him with making terrorist threats in the second degree. The allegations read something like: Pfister knowingly caused a false belief or fear that a condition or danger was present that involved a danger to life. He did this with reckless disregard of the risk of stirring panic, evacuation, quarantine, or closure.

Making a Terrorist Threat in the Second-Degree

March 18, 2020

Shomari Legghette Unsurprisingly Convicted of First-Degree Murder

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

A Chicago jury has convicted Shomari Legghette of the first-degree murder of Chicago police officer Paul Bauer. Legghette attempted to say that the shooting was in self-defense, but the jury listened to evidence that Bauer had pursued Legghette after other officers called in suspicious activity around the Thompson Center. Bauer was in uniform at the time of the shooting but was wearing a jacket over his uniform, bolstering the defense’s argument that Legghette had no reason to believe that Bauer was a police officer.

Bauer pursued Legghette on foot and a fight broke out. The two ended up tumbling down the stairs. The prosecution asked jurors to focus on the 25 seconds between when the fall happened and the sound of gunfire. Much of the incident was caught on video. Prosecutors said that Legghette should have figured the situation out when he saw Bauer with handcuffs and noticed his police radio on full volume.

Legghette Fails to Testify

March 13, 2020

Lake County Councilman on Trial for Domestic Battery

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

Monday, a judge delayed the trial of former Lake County councilman Jamal A. Washington. Washington is being charged for the third time with domestic battery. The initial date had been set for April, but Washington’s attorney asked for a continuance because he plans on calling more witnesses than he had originally listed.

The 46-year-old Washington has been convicted twice of domestic battery. In this case, Washington is accused of striking Gary Councilwoman LaVetta Sparks-Wade and holding her against her will for nearly 16 hours in her own home.

The continuance will allow the prosecution to depose the witnesses prior to the trial and allow the defense to introduce what is more than likely to be exculpatory evidence on Washington’s behalf.