Criminal defense

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’

May 2, 2018

Forced Confessions in Chicago

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

For years, the practice of forced confessions was used to offer some sort of relief to cases that appeared to be complex in nature. The justice systems in quite a significant number of states conspired with law enforcement to convict suspects who were deemed defenseless or who did not invoke their rights. With the advancement of human rights legislation and conventional justice systems, the practice of forced confessions is gradually being brought under regulation.

All things taken into consideration, forced confessions in many justice systems assume a common practice where the victim is either tortured or forced to give false confession under some form of pressure. A recent report from the Chicago Sun Times illustrates why coerced confessions can be costly not only on the victims but also detrimental to the legal system.

The illegal detention of Gabriel Solache and Arturo DeLeon-Reyes for almost two decades in prison without sound evidence from the prosecutor, for example, demonstrates how the justice system can impact innocent victims. More importantly, lessons from this case have also exposed loopholes in the legal system.

April 27, 2018

Vehicle Searches in Chicago

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

Vehicle searches can be lawfully carried out in Chicago with or without your consent. The penal code in Chicago gives the police many powers so that they can stop criminals and prevent crime. The law specifies the situations in which the police can search a car. Normally these situations arise if there is a strong suspicion that the vehicle contains an illicit substance or a criminal. The search might also be done if there is suspicion that the car has been used or is about to be used to commit a crime. Failure to follow procedures can be grounds for a criminal defense.

Failure to stop and submit to a lawful vehicle search can be a crime. If there is a court case, the fact that the defendant refused the search can be used by the judge and jury to assume that they must have been doing something wrong. This is what is known as an “adverse inference” and can turn a case against the defendant. The evidence that has been found during a vehicle search can be used in a court case such as for drug charges.

Understanding the Rules on Consent

April 25, 2018

Reform of the Armed Robbery Sentencing Guidelines in Chicago

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

It is one thing to formulate a law, it is another thing to interpret, understand and execute that law. Over the past few years, various arms of the justice system have been at the forefront of ensuring that all instituted laws are not only comprehensive but also effective when it comes to fighting crime. In this case, law reforms have become a central pillar towards formulating laws that are humane as well as tough enough to dissuade people from committing crimes.

The push to institute tough measures towards countering crime is one that the administration in Chicago values a lot. For instance, the reforms on the armed robbery guidelines have been revamped to curb the ever rising armed robbery cases, especially in the past decade.

The armed robbery guidelines in Chicago are enshrined within the Illinois Criminal Code of 1961. The code defines an act of armed robbery as one where the perpetrator is armed with a dangerous weapon during robbery. In addition to being a Class X felony, armed robbery in Chicago carries a prison sentence of between five and 25 years in prison with fines not exceeding $25,000.

April 20, 2018

The Criminal Law on Threats to Kill in Chicago

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

The recent arrest in January 2018 of a man in Racine County, Chicago has created a big stir. The police apprehended him for threatening to kill the people who were on board a bus. The Wisconsin State Patrol and Sheriff’s department assisted in nabbing the man. Threats to kill can occur in different forms. In June of 2017, a 45-year-old man was charged with a hate crime when he threatened to kill a Muslim-American Civil Rights Lawyer via telephone.

Death threats are frequently made anonymously. Either a single individual or an entire group can threaten to kill a person or a group. Such threats aim at intimidating the victims. The accused in such cases try to manipulate the behavior of the victim. They use the threat as coercion.

Threats may occur via newspaper, letters, phone, email, or social media, just to name a few. Threats to kill such as the above mentioned cases are often considered a Class I felony charge. Such cases may also come under disorderly conduct and misdemeanor. The offense may carry a sentence of 18 months and an extended supervision of two years. Or, the person will have to pay a fine of $10,000. This is all dependent on the severity and circumstances of the case.

April 17, 2018

Sentences for White Collar Crime in Chicago

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

White collar crimes in Chicago are serious and often result in felony charges for the accused. Although you may have an idea of what white collar crimes are, you may not know some of the activities and sentences under this category of crime.

What is White Collar Crime?

White collar crime is a term used to describe an array of criminal acts that are committed in a professional or business setting. This type of crime mainly involves the theft of financial assets or data, which is used for financial gain. You will be surprised to learn that in most cases, the criminal does not come into contact with the victim. Some victims are unaware that the offense even took place.