March 22, 2019

Man Will Stand Trial for the Dismemberment of a Child

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

In one of the more disturbing criminal trials of late, Kamel Harris will stand trial for the murder and dismemberment of a 2-year-old boy. The boy’s remains were found in the Garfield Park Lagoon. While the prosecution had extended a plea deal to Harris, the family put a stop to it amid concerns that their child was not being served justice.

Many states throughout the U.S. have recently passed some variation of a Victim’s Rights legislation that gives individuals who have been harmed by a defendant or their families more say in how the case is prosecuted. Critics of the legislation noted that defendants have only been accused of crimes, not convicted of them. It remains unclear what sort of impact victim’s rights legislation (Marsy’s Law) will have on the ability of defendants to get fair criminal trials.

What are the Charges?

March 20, 2019

Dismissed Case Shines a Dark Light on Quality of Chicago P.D. Forensics

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

Our criminal justice system was founded on the idea that it is better to let a man go free than to imprison him unjustly. For that reason, prosecutors are held to a very high standard of proof. In many cases, this proof is acquired using scientific means. However, sometimes these means are not so scientific and other times the methods of quality control are severely flawed.

In 2016, Judged Stuart Katz dismissed a complaint against a Chicago juvenile when fingerprint evidence was brought against him. The forensic officer involved in matching the prints was castigated in court after the Judge found a number of methodological flaws in the man’s work. The judge accused the Sergeant of being “oblivious” and “not caring about educating himself” in his own field or work. He went onto say that there appeared to be no audits or any method of verification and that they did not follow the basic procedures set forth by the FBI. The judge determined that the entire department needed to clean up its act or they would find it very difficult to enter forensic evidence into the record during future trials.

The FBI is Just as Bad

March 15, 2019

Robert Kraft Refuses Plea in Solicitation Lawsuit

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

Is it ever worth it to take a plea? Not if you are Robert Kraft, the owner of the Super Bowl Champion New England Patriots. The prosecution offered Kraft a sweetheart deal on two misdemeanor solicitation charges. If Kraft agreed to state that “he would have been proven guilty had the case gone to trial” then the prosecution would drop all the charges. But Kraft and his attorney, smelling blood in the water, wants to force the prosecution to actually prove their case in court or dismiss the charges outright. Why?

Everyone knows that Kraft did exactly what he is being accused of, but the problem is not that he did it, it is how the prosecution came by the evidence that he did it. Essentially, police officers have Robert Kraft on video receiving sexual favors from working girls at the Orchids of Asia Day Spa. So, why is he not dead to rights, and why is the prosecution extending him such a great deal?

In order to understand that, we have to delve a little deeper into how they came by that information.

March 13, 2019

R. Kelly Puts Accusers on Trial in Sexual Abuse Case

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

R. Kelly has been in the headlines again for all the wrong reasons. The documentary entitled Surviving R. Kelly has made major waves across the nation. Now, R. Kelly finds himself on trial once again for crimes that he claims he did not commit. What is his strategy? Putting the victims on trial. Criminal defense attorneys believe that no matter how much a defendant’s crimes upset our sense of social justice and basic decency, they are entitled to a defense under the law. But Illinois makes it very difficult for defendants like R. Kelly to attack their accusers in court.

Illinois Rape Shield Law

Illinois’ rape shield law (725 ILCS 5/115-7) covers specific types of sex crimes. These include:

March 8, 2019

A Little-Known Law on the Books Related to Prostitution

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

South suburban Orland Park was home to a massage parlor that was recently closed. One of the masseuses has been charged with prostitution. 53-year-old Jihua Dun allegedly propositioned an undercover police officer, offering to perform a sex act in exchange for money. The former employee of Ty Spa gave the massage to the officer on March 7.

Law enforcement was prompted by complaints from patrons. According to a press release by the Orland Park Police Department, certain spa employees were “unlawfully touching” and propositioning customers. After allegedly propositioning the undercover officer, investigators entered the business and arrested Dun. She was released after posting bond and will appear in court mid-April.

The business license for the spa was immediately revoked after the arrest. The future of Ty Spa depends on the outcome of a pending hearing before Village officials. According to police, three years ago, a spa called Zy Massage was listed at the same address. It was also shut down because two employees were charged with prostitution. A police spokesperson said it was common for a new unrelated company to open in a location previously occupied by the same type of business for commercial purposes.

March 6, 2019

The Difference Between Homicide and Murder

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

A man involved in a bizarre love triangle was charged with murder after a shooting in Evanston. Sandoval Cobian, 38 years old, is facing murder charges after allegedly shooting his romantic rival in the north suburb. The Chicago native was charged with two counts of first-degree murder, as reported by Evanston police.

On Friday, March 15, officers found Angel Miranda, 33 years old, suffering from multiple gunshot wounds to the abdomen and chest. He was located behind a residence in the 1800 block of Simpson Street and pronounced dead at the scene, according to the Cook County medical examiner’s office.

Miranda, who was a resident of the Little Village neighborhood of Chicago, was visiting his girlfriend. She found him shot and called authorities. Investigators later learned Cobian and Miranda were romantically involved with the same woman. Police reported that Cobian shot Miranda because of jealousy and a “romantic rivalry.” Cobian was ordered held without bail. His next court date is set for the end of March.

March 1, 2019

What You May Not Know About Domestic Violence Laws in Illinois

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

Because domestic violence is a very real and pervasive threat in the U.S., the Illinois legislature has concentrated on making domestic violence laws more stringent. Law enforcement in the state has created dynamic new policies. Prosecutors are now responsible for enforcing new laws in addition to ones that are already on the books.

Many people do not realize that the state files the criminal charges for domestic violence, not the victims. It is important that you have a clear understanding of the laws governing domestic violence and what may be ahead if you are convicted of such a crime. A Chicago domestic violence attorney can help assess your case and guide you through building your defense.

What You May Not Know About Domestic Violence Laws in Illinois

February 27, 2019

How Society is Affected by White-Collar Crime

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

White-collar crime may consist of various charges at both the state and federal level. The stereotype of an individual engaging in white collar crime may be the high-level corporate executive in a tailored suit who sacrifices the future of his company for personal gain. But a crime of this nature could be perpetrated by anyone in the office, from a mailroom clerk all the way up to the C-suite.

Additionally, a white-collar crime does not have to be committed by a person in a corporation or even someone employed. The criminal may be a charming neighbor who cons an individual out of his or her retirement savings. Offenses like credit card theft or counterfeiting do not typically involve violence, but they do have a serious impact on individuals, society, and the economy.

A white-collar criminal defense attorney can provide a level of protection against the severity of the penalties associated with these types of charges.

February 20, 2019

How Chicago is Reducing the Rate of Violent Crime

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

Many residents of Chicago and the surrounding area view violent crime as something completely out of their control. Fighting violent crime in Chicago takes the coordinated effort of police and residents of the city.

So far this year, shootings and homicides have a downward trend according to police. To date, there have been 44 homicides compared to 80 at this point in 2018. That is a decrease of 55%. In January and February of this year, there were 214 shootings. The first two months of 2018 experienced 282. The number of people who were shot decreased to 253 in 2019 from 345 last year. There have been 40% fewer homicides compared to the same period last year.

Though the numbers have been dropping, Chicago is still plagued with a disproportionate amount of crime when compared to many other cities around the country. A violent crimes defense lawyer will be able to help with your case if you have been charged or arrested.

February 15, 2019

How Criminal Sexual Assault is Defined in Illinois

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

An employee from the Waukegan School District was charged in late February with grooming and sexually assaulting a 13-year-old girl, as stated by Chicago police and district officials.

26-year-old Gabriel Valadez was arrested at the administrative offices of Waukegan District 60. According to police, Valadez would chat with the girl using FaceTime. Authorities do not know how the accused met the girl, but their conversations took place through the app and online. Chicago Police Department policy prohibits providing information about victims, so they declined to mention where the girl was from.

Since 2007, Valadez worked in the district offices as an administrative assistant. He submitted his resignation a week after his arrest. District officials were quick to point out that Valadez was never assigned to work in their schools and had no direct contract with students. As a result, they did not provide any information about the situation to parents.