Criminal defense

June 14, 2018

Aggravating Factors for Carjacking Crimes in Chicago

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

Although crime has been on the decline in Chicago as of late, carjacking is still a common occurrence throughout the city. Due to the nature of a city/urban environment, many people live in close quarters who are using vehicles for their commute, leading to the prevalence of this particular crime. Car jacking crimes can take on many different forms. For example, carjacking is nearly always more of a serious offense than car theft due to the vehicle being taken by force or intimidation, or sometimes both. Certain actions leading up to the illegal obtainment of the vehicle may qualify as an aggravating factor to your offense.

Under Illinois law, an aggravated carjacking is sentenced as a class X felony, which is a mandatory six to 30 years in prison, while a plain carjacking offense is a class 1 with a four-to-15-year minimum sentence.

Armed and Dangerous

June 12, 2018

Wrongfully Convicted in Chicago? Get Justice

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

If you have had to serve a prison sentence, then you know the significant emotional and psychological toll you and your family have had to endure, not to mention the loss in terms of time and money. In Chicago, unfortunately, too many citizens are being jailed for crimes they did not commit. The city currently is dealing with dozens of cases from the past in which citizens were wrongly convicted and imprisoned. At the same time, innocent victims, with the help of experienced attorneys, can pursue justice and potentially receive lucrative payouts from the city for having their rights violated years or even decades prior.

The Implications of a Wrongful Conviction

Legally speaking, when police officers arrest and prosecute someone for a crime in Chicago, the law requires probable cause. Yet, too often, the city’s law enforcement officers engage in false arrests, malicious criminal prosecution, and wrongful convictions. As a result, too many innocent people end up spending months and sometimes years in prison for crimes they did not commit.

June 7, 2018

The Law on Vigilante Justice in Chicago

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

Chicago is notorious for its growing crime rate. This has resulted in strict Illinois laws to curb violent crime enacted in the recent past. While the crime rate does not show any signs of abating, it has led to a surge in vigilantes in the region. Vigilante justice is the action taken by a single person or a group outside of the police department to enforce law and order. While vigilantes like Superman and Batman are welcomed on screen, they are not so welcomed in real life.

Vigilante Justice for Protecting Neighborhoods

In a city known for its rampant crime, having vigilantes makes sense, but this is acceptable only when the vigilantes limit themselves. Resorting to violent retaliatory crime is a surefire way to be punished.

June 5, 2018

Two Decades of Gun Control Laws

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

Gun control laws have been in a considerable state of flux for many years. Although in Illinois you are allowed to exercise your second amendment right to possess a firearm for self-defense, many still get in tangles with the law (see here for details on what warrants a charge of an unlawful use of a firearm or here for details regarding more serious affairs).

There are many reasons for this, but an undoubted central source would have to be the many changes to the laws governing guns over the years. More specifically, the last couple of decades have seen significant changes. The following are sections of significant change within the last 20 years of gun law history.

1998

May 31, 2018

Young Players and Sports Betting: The Law in Chicago

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

Effective betting control acts and legislation involve a lot of moving parts within the sporting business, IRS, and in the judicial system. These acts call upon players, judiciary, and most importantly the general public. They require the active participation of all these key players in order to make betting safe and profitable to all involved parties. As a result, it is important for legislation to clearly highlight what qualifies as a legal bet and what does not.

Traditional Gambling or Online Gambling

Over the past few years, online gambling has grown out of the shadows to dominate over traditional gambling. This skyrocketing trend of online betting is largely attributed to technological advancements that allow young gamblers to place their bets from virtually anywhere in the world. An example is the futuristic stock market-like platforms that are fueled by massive networks of internet devices ranging from microchips to smart devices that crunch real-time data and present it to the potential gambler.

May 25, 2018

The Right to a Fair Trial in Chicago

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

A fair trial is one in which the jury or judge imparts judgement without any partiality towards anyone. The various rights linked with a fair trial are explained in Article 10 of the Declaration of Human Rights, in the Sixth Amendment to the United States Constitution.

Any government’s key role is to maintain law and order in society. It is their duty to give fair punishments to a criminal while delivering justice. All of this comes with a great responsibility since convicting someone of an unlawful act is a serious step that will impact the rest of that person’s life.

Thus, the right to a fair trial ensures that people can feel protected and safe. They can know that the law is certain and fair for everyone in the nation. This also means that the government cannot abuse its power and thus can separate the guilty and the innocent.

May 23, 2018

What Does Life on Parole Mean?

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

You have probably familiar with the concept of parole. Chances are, you have also come across someone serving their sentence on parole, as well (but you may not have known it). Basically, parole means releasing the prisoner into the community before his or her actual sentence is completed, provided that the prisoner agrees to certain terms and conditions as prescribed by the parole board. As long as they adhere to the law and follow all the rules, the parolees can complete the rest of their sentences while living on the outside.

While life on parole is certainly a lot better than life in prison, it is certainly not without limitations. Parole is only granted to inmates who have completed at least the minimum amount of their sentence and have demonstrated ideal behavior during their time in prison. After acquiring parole, parolees still have to follow strict rules in order to maintain their parole. Any violation of any law in any jurisdiction during their time on parole can send them back to prison.

Life on Parole is Quite Limited

May 17, 2018

What Happens if You are Charged With a Cyber Crime in Chicago?

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

The internet has been a useful platform for people to conduct business, keep in touch with their friends and family, and to communicate with people across the globe. Yet, not everyone who has access to the internet uses it with good intentions. If such use results in breaking laws, one stands to face charges of committing cyber crimes.

The Illinois state law stipulates unlawful cybercrime actions to include wire fraud, extortion, child pornography, credit card fraud, indecent solicitation of minors, identity theft, phishing, and infringement of copyrights, among others. Conducting such criminal activities could result in punitive measures on the perpetrators. This follows the rule of the Computer Crime Prevention Law. Criminal penalties are described for convicted perpetrators of cybercrime.

The Scope of the Law

May 8, 2018

Get Your Freedom Back: Legal Changes to Life Sentences

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

In the news in Chicago recently, you may have seen a promising development about imprisoned citizens getting justice and their freedom after spending many years of their lives behind bars. These individuals received life sentences at an extremely young age. In fact, some were barely 14 years old when they were sentenced to life for crimes committed. As a result, they have spent more years of their life in a prison than in free society.

Yet, with the help of a United States Supreme Court ruling, you have the right to appeal for a reduced sentence for the sentencing you received. Discover below how you can begin the process to have your life prison sentence overturned.

How Appealing a Life Sentence Works

May 4, 2018

The Law on Animals Trapped in Locked Cars in Chicago

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

A recent report by the American Veterinary Medical Foundation (AVMF) reveals an astonishing number of pets exposed to life-threatening situations, especially in confined spaces such as cars. According to the association, a significant number of pet injuries and deaths are as a result of being trapped in cars. In more than one occurrence, pets, especially dogs, have been found to suffer from breathing problems. In some cases, death from heatstroke occurred because they were trapped in hot cars.

In fact, breaking into cars to save these pets has been a contested topic over the past few months, especially with the ever-increasing number of car theft and burglary cases. Furthermore, a lot of concerned citizens have found themselves in compromising positions with the law after breaking into cars all in an attempt to rescue pets. As a result, it is important for legislators to define statutes that not only protect animals trapped in cars, but also the people twho break into such cars in an attempt to rescue trapped animals.

Illinois Laws on Animals in ‘Hot Cars’