Criminal defense

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.

November 16, 2018

Defining Theft Charges in Chicago

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

A teenager from Rosemont is facing multiple felony charges for credit card theft.

18-year-old Salvador Nunez was charged with 30 felonies for using stolen credits card at various northwest suburban Rosemont locations. Rosemont police stated Nunez was charged with 15 Class 3 felonies for stealing someone’s identity and an additional 15 for the unlawful use of a credit card.

The most serious offense in the category of criminal charges is a felony. Felonious acts also carry with them the most severe penalties. The degree of the punishment depends on the class of the felony committed. According to Illinois law, they range from the least serious, a Class 4, to the most serious, a Class X.

November 14, 2018

Clarifying Domestic Violence Laws in Chicago

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

A man from Aurora with a history of domestic abuse was convicted of punching and strangling his girlfriend while their child was in her arms.

The Kane County State’s Attorney’s office stated that 30-year-old Daniel Benson, Jr. allegedly assaulted his girlfriend after the pair had an argument. The victim was holding their child when Benson punched her in the ribs while in the kitchen of their home. The girlfriend then ran to the living room in an attempt to put the child in a bassinet.

Benson punched her again causing her to fall to the ground. According to police, Benson then strangled her for approximately 30 seconds, but stopped when he heard police.

November 9, 2018

Defense Strategies for a Murder Charge

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

A man from McHenry was given a 40-year prison sentence for murder.

33-year-old Anthony Harrison tried to take his own life. Unsuccessful, he called 911 and reported that he killed his wife. Two days prior to the call, Laura Harrison was murdered at their home. Upon arriving at the scene, police found her body. She had been beaten, stabbed, and strangled.

Police later discovered that the husband, a few hours after the crime, bought several items to destroy or conceal evidence of the murder. Harrison also had the intention of burning down his house with his wife’s body inside.

November 7, 2018

Gun Battery in Chicago

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

A man who was shot during a fight on the red line has been charged with aggravated battery.

Chicago police said that while fighting, one man shot the other in the stomach. The victim, 38-year-old Roy Lee, was able to wrestle the gun away and beat the shooter with it. Both were taken to the hospital.

In a bizarre turn of events, Lee was charged with aggravated battery/use of a deadly weapon. The man who shot Lee had a license to carry a concealed firearm. At this point, it is unclear if the shooter will face charges, as well.

November 2, 2018

Possible Defenses to Involuntary Manslaughter Charges

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

Involuntary manslaughter is a common charge in the Chicago area. It is typically levied against an individual who was involved in an incident in which someone died because of his or her actions. Involuntary manslaughter is not murder. It is also different from voluntary manslaughter. It typically means that the defendant did not mean or wish to cause the death of the victim, but that their actions, which were negligent, led to the victim’s death. Let us take a look at the possible defenses to involuntary manslaughter charges in today’s post.

The Incident Was an Accident

One of the most commonly used defenses to involuntary manslaughter charges is that the incident was an accident. Accidents can still happen when there is no recklessness or negligence present. To argue that the incident was an accident and involved no negligence or recklessness, the criminal defense attorney will need to show that the defendant was acting appropriately at the time of the incident and that he or she did not know the actions taken were dangerous.