Criminal defense

January 4, 2019

New Law on Texting and Driving Now in Effect in Illinois

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

The Chicago Tribune recently published a report on the new Illinois laws that went into effect starting January 1, 2019. In all, more than 250 pieces of legislation are now on the books, ranging from gun control to sexual harassment to synthetic marijuana. One particular law will affect anyone with a driver’s license and a smartphone: There are now stricter penalties for anyone caught texting while driving, though many of the same prohibitions remain the same. An Illinois criminal defense attorney can explain how the new sanctions may affect your rights if you are cited for texting while driving, but an overview of the law may help you avoid a ticket.

Illinois Current Prohibition on Cell Phone Use While Driving

Before getting to how the new law changes the penalties for texting while driving, it is important to understand what types of conduct are unlawful. Currently, any driver under the age of 18 years is barred from any cell phone use while behind the wheel. Drivers 19 and older can use a phone while driving, but only via voice-activated and hands-free functions.

December 28, 2018

What is a Sex Offender Registry?

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

If you have been arrested after being charged with a sex crime, your life may never be the same. In society, the opinion of sex crimes, particularly those committed against children, is very strong and very negative. Law enforcement has a similar attitude when in pursuit of or apprehending someone accused of a sex crime. The majority of sex crime convictions result in the mandatory registration as a sex offender. Needless to say, the impact of that is serious and permanent.

An aggressive defense is needed if you hope to protect any semblance of your freedom, future, or reputation after being charged with a sex crime. A sex crime defense lawyer in Chicago will be able to help you construct a sound defense, which may include:

Demonstrating you were wrongfully accused: Is the accused making false allegations? Did they lie to protect their own reputation? Are you and the accused involved in a child custody case or going through a divorce?

December 26, 2018

Defending Against Drug Possession and Distribution Charges

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

Though the number of drug arrests in Chicago is down, drug crimes in Chicago are still a serious problem. The fight against drug possession charges is a difficult one if police find enough evidence to support their claim. But an additional charge of intent to distribute is typically attached when the individual charged has a sizable amount of a single drug or multiple drugs. The amount is what warrants the impression that the drugs are meant to be sold.

With the addition of intent to distribute, the initial charge is amplified with more severe penalties that are life changing. With the right legal representation, it is possible to defend yourself against the charges.

If charges of drug possession and intent to distribute are leveled against you, it is essential you hire legal counsel immediately. Whether you are facing drug charges that involve marijuana, prescription drugs or cocaine, a drug crime defense lawyer in Chicago will work with you to achieve the best outcome for your situation by pursuing possible defenses such as:

December 21, 2018

How to Defend Yourself Against Entrapment

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

A Chicago woman was arrested at a Plainfield massage parlor, where she was an employee, for offering to perform sex acts on undercover police officers for money.

47-year-old Yinyan Gao was employed by Plainfield Massage. The Will County Cooperative Police Assistance Team investigated the business after being informed of several customer complaints stating Gao allegedly propositioned them inappropriately when the customers came in for massages.

Numerous undercover police officers visited the business to receive a massage from Gao. During the sessions, Gao allegedly propositioned the officers and gave them the impression she would perform sex acts for money.

December 19, 2018

The Different Forms of Criminal Homicide

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

A Chicago resident was charged with killing his mother on Christmas Eve.

A representative from the Chicago Police Department stated 25-year-old Robert Wallace allegedly left the body 67-year-old Betty Wallace in a garbage can a short distance from her home on the far south side of the city.

Employees of Streets and Sanitation found the mother’s body on December 24th when removing trash in Morgan Park at the 108000 block of South Prospect Avenue. According to police, she had sustained blunt trauma injuries to the head and her legs showed signs of stab wounds.

December 7, 2018

The Penalties for Gun Possession in Chicago

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

The state of Illinois has some of the harshest penalties for weapon violations in the country. However, if you possess a valid FOID (Firearm Owner’s Identification) card, you are allowed to own a gun. It is important to keep in mind that having a FOID card does not mean you are legally permitted to carry a gun with you at all times.

Unless your gun is in an appropriate case, in a condition where it can not be fired, and you are on your way to the firing range or moving, it is best not to carry a gun, especially in Chicago. To do so, you will need a concealed carry permit, and even then there are circumstances and locations in which you are not allowed to bring a weapon.

If you are facing weapons charges, contact a gun crime defense lawyer to help you with your case.

November 30, 2018

Clarifying the Meaning of Probation Violation

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

The simplest way an individual can violate his or her probation in Chicago is getting arrested on new charges. Other scenarios involve people fail to complete provisions of their probation such as contacting their probation officer, taking a court-ordered drug test, or finishing community service hours. The list of violations goes on to include failing to follow through with a drug and alcohol treatment program and failing to pay fines.

Across the border in Indiana, 45-year-old Steven Sells was sent back to prison on December 6th for violating his probation. Sells was previously arrested on charges related to dealing methamphetamine. He failed to submit to a drug test and missed an appointment with his probation officer.

A probation violation defense attorney in Chicago can help if you face such charges. He or she will work with the court to help you avoid the most serious consequences and repercussions.

November 28, 2018

Investigating White Collar Crime

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

White collar crimes are those that are financially motivated and nonviolent. The term “white collar” refers to the group of individuals who often committing this sort of illegal activity- government officials or business professionals. Crimes of this nature typically involve embezzlement, forgery, or other means of theft by deception. The tools of the white collar criminal are lies and deceit.

One of the most famous cases regarding white collar crime involved Bernard “Bernie” Madoff. The Department of Justice has disbursed nearly $2 billion back to investors who lost money in his Ponzi scheme.

However, the difference between a mistake and a lie is not clear. When a business transaction goes awry, agencies of law enforcement often misconstrue honest intentions for malicious intent. Far too frequently, innocent people are prosecuted and arrested for white collar crimes based on ambiguous evidence.

November 23, 2018

Penalties for Prostitution in Chicago

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

In the state of Illinois, it is illegal to exchange a sex act for anything that has value. The charges brought against the defendants in prostitution cases are determined by their role as promoter, seller, or buyer.

For example, on November 1st, a man from Bellwood was accused of forcing a woman into prostitution in 2016 and 2017.

The crime of prostitution is only applicable to a seller who agrees to perform or knowingly offers sex acts for anything of value, which is cash in most cases. For the buyer, the criminal charges of solicitation and meaningfully patronizing a prostitute are applied.

November 21, 2018

Kidnapping Defined in Illinois

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

A man from Central Illinois was sentenced to 48 years in prison for the death of another man during a kidnapping.

Danny Smith Jr., a 30-year-old from Peoria, was given a prison sentence of 48 years after the death of 41-year-old Maunds Bryant of Normal Illinois. Smith allegedly kidnapped Bryant to steal Bryant’s recent lottery winnings. Bryant and his family won $420,000 from the Illinois State Lottery. After the abduction, Smith demanded $25,000 in ransom.

Smith, according to prosecutors, kidnapped Bryant and Bryant’s stepfather. During the course of the crime, Bryant fell. He sustained a head injury from which he later died.