Criminal defense

September 14, 2018

Common Defenses to Second Degree Murder Charges

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

When faced with a murder charge in Chicago, you have options. You do not have to immediately admit to the crime. You also do not have to take your chances with a jury to see if it will convict you. Murder is a serious charge, if not the most serious charge, so you need to have a skilled criminal defense attorney by your side to craft a strong defense to the charge. Today, we will examine the common defenses to second degree murder charges so you can fight for your freedom.

Claim Insanity

You have likely heard it on the news before and it might be a good defense for you to attempt if charged with second degree murder, and that is to claim insanity. Even if claiming insanity is permitted in your jurisdiction, it does not mean that it will clear you of the responsibility associated with second degree murder. You could be issued a guilty verdict with mental illness attached to it, which means you still knew what you did was wrong. In other jurisdictions that permit full insanity, if you can prove your mental illness, then you will not be held accountable for the crime.

September 12, 2018

What are the Traits of a Strong Criminal Defense Attorney?

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

Facing a criminal charge in Chicago can ruin your life if you do not know where to turn. Relying on the public defender will not always put you in the best situation. You need to consult with an experienced private criminal defense attorney so you can best fight the charges levied against you. Working with a criminal attorney who is experienced with the crime you have been accused of committing will help you build a defense that can lead to the charges being either dropped or reduced. Let’s examine the traits of a strong criminal defense attorney so you know what to look for when choosing an attorney to represent you.

Experience That Speaks for Itself

One of the first things you need to look for is the attorney’s experience. It is understandable that an attorney has to start his or her career somewhere, but do you want it to be with your case? Now is not the time to risk your freedom just to give a newly minted attorney a shot at winning his or her first case. The strongest criminal attorneys will have a track record that speaks for itself.

September 7, 2018

What Happens if I Violate Probation?

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

It can be very difficult for someone to live while on probation. Probation is issued to those who are charged with a crime but wind up not being sentenced to jail time. Probation is also issued to people who are released from jail ahead of their sentence being completed. A violation of probation can be problematic for the person serving it. Let’s take a look at what happens if you violate your probation so you can be prepared for what is to come.

Violation is Not Discovered

It is entirely possible that you could violate the terms of your probation and have it go undiscovered by the prosecutor assigned to the case. If this is the case, the prosecutor will not be able to file a motion to revoke your probation, which would send you back to jail or to jail for the first time. It is not uncommon for this to happen based on the terms of your probation and what is considered a violation. Even though this is possible, you should still adhere to the terms so you do not risk going to jail.

August 22, 2018

The Different Types of White Collar Crimes

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

White collar crime is most common in the corporate world. It is a group of crimes that are typically committed by business people who have access to insider information, funds, assets, and other items. Those who commit a white collar crime can face years in prison if convicted and if they are not able to reach a deal with the prosecutor assigned to the case. Let us take a look at the different types of white collar crimes.

Securities Fraud

Securities fraud is one of the most common types of white collar crime committed today. This white collar crime occurs almost exclusively in the corporate world. The most common form of securities fraud is that of insider training. Insider trading occurs when a person who has information about the company for which they work and uses it to their financial advantage.

August 17, 2018

How Will a Felony Conviction Change My Life?

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

When you are facing felony charges in Chicago, you will likely be scared about what is to come. Even if you have been charged with a crime in the past, facing a felony charge can be life changing. A felony conviction can lead to years in prison, thousands of dollars in fines, restitution, and many other penalties. Even after you have served your time, you could very well still struggle to return to a normal life. Today, we will take a look at how a felony conviction can change your life.

Post-Conviction

Once your trial is complete and you are found guilty of the felonious crime, you will begin your post-conviction life. This is one of the more difficult parts of life as a convicted felon. This part of your life starts with sentencing. You could very well wind up with the maximum recommended sentence from the judge. Or, you could be sentenced to a handful of years in prison. The judge will take into account statements made by the plaintiff, the victim’s family, and any statement you make.

August 15, 2018

Understanding Plea Bargaining and How it can Help You

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

Plea bargaining is an important part of the legal system. It is one of the most common, if not the most common way cases end. Not every case will end in front of a judge and a jury. A large number of them are dropped or end with a plea deal. So, what is a plea deal? A plea deal is an agreement between the prosecutor on the case and your criminal defense attorney. Let us take a look at plea bargaining and how it can help your situation.

Two Types of Plea Bargaining

There are two types of plea bargaining that attorneys talk about – charge bargaining and sentencing bargaining. Charge bargaining occurs when your attorney negotiates with the prosecutor to reduce the charges or drop some of them in exchange for your guilty plea to a different charge. Sentencing bargaining occurs when your attorney and the prosecutor negotiate a lighter sentence in exchange for you pleading guilty or no content to the charges levied against you.

August 10, 2018

Examining Assault and Battery Cases

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

Assault and battery cases occur on a daily basis in Chicago. If you are ever charged in such a case, it is important for you to know what you face moving forward. For starters, you should never defend yourself in court when it comes to even minor or misdemeanor charges. There is no reason you should mess with your freedom or your rights. Let’ us take a look at assault and battery cases in today’s post so you know what to expect if you ever face these charges.

Definition of Assault

The most common definition of assault is when one person threatens to harm another or incites the fear of harm in another person. It could also include the intent to injure another person. For the most part, contact with the victim is not necessary for someone to be charged with assault. That is why you do not need battery to be present for assault be a charge, while on the other hand battery requires assault for both charges to be issued.

August 8, 2018

Common Defenses to Drug Charges

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

Drug charges are some of the most common criminal charges issued in the Chicago area. Even if you are no stranger to drug charges, you will want to know the different defenses you can use to fight the charges levied against you. It does not take much to fight a drug charge in Chicago, but you should always protect your rights with the help of an experienced criminal defense attorney. Your freedom is something you should never take for granted by nonchalantly accepting whatever charges were filed against you. Let us take a look at the most common defenses to drug charges in today’s post.

Someone Else’s Drugs

One of the most common defenses to a drug charge when caught in possession of drugs is that the drugs belonged to someone else. So many people use this defense as soon as the police officer initiates the contact. They carry this defense with them to their criminal defense attorney’s office and then in front of a judge if the case gets that far. This will require quite a bit of evidence to prove.

August 1, 2018

Representing Yourself in a Criminal Case is Never a Good Idea

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

Facing criminal charges in Chicago is always a scary situation, even if you have been charged with a crime in the past. Each instance is different because you never know what could come of the charges. One of the most important things you need to know is that representing yourself in a criminal case is never a good idea and you will see why with the reasons explained in this post.

Lack of Law Knowledge

First and foremost, you will not have the depth of knowledge of the law that a criminal defense attorney has. This is one of the most important skills you should have if defending yourself in court. It is likely you have no legal education, which means you will have trouble with legal terminology, court proceedings, how to introduce evidence and what to argue in defense of your rights in order to remain a free person. Your lack of knowledge of the law will not be tolerated in the least bit by the judge.

July 27, 2018

Marijuana Possession During a Traffic Stop in Chicago

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

In June of 2018, Chicago police discovered over 1,500 pounds of marijuana during a traffic stop. The street value of the drugs is just over $10 million. The use of a drug dog from the narcotics unit helped police make this discovery.

The vehicle was stopped for suspicion of trafficking narcotics, which is why the drug dog was on hand. The drugs were en route to Chicago from California. The driver was charged with possession of over 5,000 grams of cannabis. Now, many people are raising issue with the legitimacy of the traffic stop.

The Issue