Criminal defense

February 28, 2018

Why the Distinction Between Drug Dealing and Trafficking is so Important

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

Although most ordinary people talk about “drug crime” as if it were one giant part of criminal law, there are many important distinctions between different drug-related crimes. One of them is the difference between drug dealing and drug trafficking. Let us take the case of David Price, who faced life imprisonment after being found guilty of running an illicit drug empire.

Drug dealing often happens on the streets when middlemen and low-level distributors try to offload the controlled drugs onto the street. They are the people who sell on a one-to-one basis or who provide small shopping facilities for drugs. This is a different crime from trafficking, which often includes international routes. The failure to make these distinctions clear has meant that many people are serving sentences that are longer than they would ordinarily be if the right procedure was followed.

Why is the Distinction Between Dealing and Trafficking so Important?

February 23, 2018

Chicago Legal Guidelines for Prosecuting and Defending Mass Shooting Cases

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

Many people in Chicago find it hard to believe that criminals involved in any mass shooting have a chance to defend themselves. This is because of the seriousness of the offenses that result from this crime and the restrictive nature of Chicago gun laws. With the right legal advice, however, an individual charged with a mass shooting can successfully defend his or her case.

With the United States facing the worst mass shootings in the modern history, it is likely that these incidences might stir action on gun control. If you look at Chicago, there were over 4,000 victims of crimes related to guns in 2016 alone. This means that we have to come up with measures that will actually bring a real impact.

History has shown that mass shootings mainly happen in places where victims cannot defend themselves. These include churches, learning institutions, and other places where people are not allowed to carry guns. According to research, all the public shootings in the US have occurred in locations where citizens are banned from carrying guns, except for two cases. In Europe, all the mass shootings have taken place in areas where citizens are banned from carrying guns.

February 21, 2018

Jury Selection Rules in Chicago

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

The Office of Jury Administration is in charge of producing qualified teams of jurors for trials in Chicago. Jurors play a big role in ensuring that all citizens’ rights are protected during trial. Jury service is a crucial and serious responsibility that all US citizens share.

The aim of the court is to ensure that the jury’s service is easy and reliable. To attain this, the jury administration’s office implements smooth and innovative exercises aimed at making the jurors’ convenience and comfort a priority. Jurors can sometimes be summoned for direct service in criminal cases or as part of a reserve of jurors.

When jurors report for a service, they are expected to serve for at least one trial. A juror is given a random panel number. The panels are also divided into random groups of six or 18 jurors. The juror then takes part in the orientation process while outlining the trial process, which includes watching a video with pertinent information. When a case is ready to begin, a deputy sheriff is sent by the judge to summon the appropriate and applicable jurors in the jury room. These are usually determined by previously answered questionnaires. By the end of the first day of service, a juror will be in the jurors pool, or still in a court for jury selection. If this does not happen, then one is often excused from additional services.

February 16, 2018

Crackdown on Marijuana Business in Chicago

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

Like every other state, Illinois is debating whether or not to make recreational marijuana legal, even after U.S. Attorney General Jeff Sessions made it a priority for federal prosecutors to enforce drug laws. According to Sessions, marijuana is causing serious health issues to citizens and anyone found in possession of it should be convicted.

However, Illinois leaders do not agree with Sessions. State Representative Kelly M. Cassidy and state Senator Heather Stean have plans to come up with revised statute in the legislature’s new session to permit recreational marijuana. They have been carrying out town halls and meeting with constituents and key stakeholders to come up with a bill.

The first approach of making recreational marijuana legal in Illinois might take place in March 2018 in Cook County. In the same month, an advisory referendum will ask voters whether adult use of cannabis should be lawful. It will be placed in the primary ballot. It is crucial to note that there is still a lengthy process. The vote is part of the strategy by state-wide legalization, hence not binding or affecting the current law.

February 14, 2018

Can Your Social Media be Used Against You in a Criminal Trial in Chicago?

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

The law in Chicago is catching up to the reality that social media is a normal part of our daily lives. Currently there are new laws and rules of procedure that are designed to ensure that social media evidence can be used in court. The problem remains that evidence gathered from social media posts can be unreliable. There have been cases in which postings from Twitter and Facebook have been presented as evidence of crime, but the court has rejected them because they are not reliable.

From a personal point of view, all the posts that you make on social media can potentially be used against you in criminal trials. Even employers are now allowed to view your social media posts when they are made using their official equipment at work. The person who is posting can make use of the privacy options on the social media account in order to reduce the risk of being exposed later on when the police agencies are trawling for evidence. The Stored Communications Act (the SCA) of 1986 is a federal law that tries to provide some protection for posters.

Social Media Postings and Criminal Trials

February 9, 2018

How to Appeal Court Errors in Chicago

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

Our judicial system is no doubt one of the best, but the truth is that it is not always perfect. This is why the state has set up an appeal system at both state and federal court levels. Usually, mistakes during the criminal defense process are the cause of all the wrongful convictions in Chicago. Under the Illinois law, defendants are allowed to file direct or post-conviction appeals.

Direct appeals apply when a defendant requests an appeal at the end of the trial. The law allows the defendant 30 days to file a direct petition for a criminal case in Illinois. A defendant can also file a post-conviction appeal, which allows the petitioner to seek other legal solutions. These include requesting a new trial, a pardon, or correct sentencing errors. When requesting post-conviction relief, a petitioner is required to convince the court that there was a violation of his or her state or federal constitutional rights during the initial trial.

How to Appeal Court Errors in Chicago

February 2, 2018

Factors for Denial of a Gun Owner’s Card (FOID) in Chicago

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

A gun owner’s card (FOID) may be confiscated or seized if one is convicted of a felony or becomes a subject of an order of protection. This is why it is crucial to consult an experienced lawyer if you believe you have a legal case. Following a seizure, you will not only need a reliable defense lawyer on your side, but you will also need someone who understands how to protect your gun possession rights.

Police seize firearms from people who fail to follow the law. However, they sometimes face opposition from firearm owners. Currently, gun control advocates are trying to remove firearms from dangerous offenders while avoiding any activity that might offend the rights of a gun owner. This can obviously cause complications between gun control advocates and those who believe in the right to bear arms. Since 1968, it has been a requirement in Illinois to apply a FOID card to own a firearm. Only law enforcement and military members own firearms without FOID cards.

Generally, a FOID card denial occurs if you get convicted of domestic violence, charged with a felony, for those addicted to narcotics, previous patients in a mental health facility in the past five years, mental or intellectually disabled people, or if one is a subject of court restraint order. FOID cards can also be withdrawn if the owner seems to be able to cause harm to others or to him or herself.

January 31, 2018

DNA Transfer in Criminal Prosecutions

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

Although DNA has become an important part of criminal prosecutions, there are many who really question whether it is a perfect source of evidence. Recently, the Daniel Holtzclaw case highlighted some of the problems that are associated with DNA evidence. In that case, an ex-cop was convicted of rape. The defense attorneys argued that the analysis of the DNA in the case was faulty.

It is imperative for DNA evidence to be handled, stored, transmitted, and analyzed correctly in order to avoid a mistrial. Sometimes, convictions are overturned based on faulty evidence of this kind due to bad science. The services of a police lab analyst are required in order to ensure that the results of the tests can be independently verified. If the case involves a law enforcement officer, an independent expert witness may be called to support the defense team.

Some of the Problems of DNA evidence

January 26, 2018

How Reliable Is Fingerprint Evidence?

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

Juries in Illinois and other states have been asked to measure the reliability of latent fingerprint evidence for decades. Latent fingerprints are collected samples of hidden fingerprints in a crime scene. Examiners use them to relate with those that are known to come from recognized sources. Forensic science is crucial in examining crime and assisting in the verdict for innocence or guilt at court hearings.

Questions concerning the sufficiency of several forensic subjects are arising daily. In 2009, a report was issued by the National Research Council that claimed that most latent fingerprint analyses were scientifically unjustified. It also said that some forensic disciplines had no credibility at all.

However, many reports still regard it as scientific injustice. In 2016, a group working on latent fingerprint analysis concluded that the forensics were not justified. The groups say that such assertions have brought false convictions and arrests. The American Association for the Advancement of Science made conclusions in a report. They said latent fingerprint examiners should stop claiming concealed fingerprints come from one source. Furthermore, they should particularly stop saying they could prove as much without errors.

January 24, 2018

Illinois Hate Crime Law in Effect for 2018

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

The Charlottesville incident in August of 2017 is one instance of hate crime that brought about great destruction. It caused the death of a paralegal and two of the state troopers and the injury of several others. Racist undertones formed the root cause of the Charlottesville violence, and it is not an isolated incident.

The incidence of hate crime seems to be on the rise in the past few years, especially in the wake of the 2016 election results. Based on Southern Poverty Law Center (SPLC) statistics, the rate of hate crimes rose to an all-time high in 2016. Racial discrimination is a common reason behind the crimes, and this includes crimes against Jewish and Muslim people. According to the Anti-Defamation League (ADL), there has been an increase in anti-Semitic incidents in the country, including vandalism, harassment, and assaults.

Laws to Help Hate Crime Victims