Criminal defense

January 19, 2018

The Differences Between Robbery and Theft in Chicago

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

U.S. courts are facing many criminal cases that are somehow associated with robbery or theft. When these two almost identical crimes are coupled with an uninformed population, the result is a high number of convicted felons who do not know their rights based on their crimes.

While these two forms of crime may sound the same, they are different in nature. Many law enforcement units across the country report drastic reductions in cases linked to robberies and thefts, but the numbers are still high. A recent report by the Chicago Police Department shows a slight decrease in theft-related crimes over the past decade when compared to robbery incidences. This raises the question as to what is the difference between these two types of crime?

What You Should Know About Robbery Laws in Chicago

January 17, 2018

The Differences Between Federal and State Court Systems

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

All lawyers in Chicago are required to know the difference between state and federal law so that they can represent their clients accordingly. Each part of the court system has specific cases and offenses that it deals with. The punishments may even change depending on whether a person is charged with a state or federal crime.

The differences started right from the time that the two courts were established. Each state that makes up the USA is allowed to establish its own local and state courts. This would allow justice to be implemented by local people for local people. The role of local courts extends to counties, cities, and municipalities. By contrast, the federal court is established via the US Constitution. Many times, there is some level of coordination between the two systems in order to ensure that justice is served.

Different Roles and Responsibilities for the Courts

January 12, 2018

Slander Laws in Chicago

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

Libel and slander are in the news these days after the publication of a book about President Donald Trump’s White House. Slander and libel are important laws in Chicago. Writing or saying things about someone that are not true and that cause them to suffer any damage can lead to a significant fine. You will need competent lawyers to represent you in court in you are charged with these crimes.

Recently, there has been concern that some people are abusing the libel laws in order to avoid being scrutinized for their actions. An example is when college students who had suffered sexual assault felt that they could not report or talk about the cases just because the alleged perpetrators could sue for libel and slander. The leading case on these issues is Troman v. Wood.

How Does the Law Operate?

January 10, 2018

Five Things to Ask an Attorney During a Consultation

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

When the need for a criminal lawyer arises, time is of the essence. Before you go ahead and hire just any criminal defense attorney, there are specific and important questions that one should ask. Here are some things to consider when consulting with an attorney.

Discovery, Evidence, and Investigation

It is the responsibility of your lawyer to obtain and review all the items in discovery. That includes reports from the police, statements of the witnesses, audio and video tapes, photographs, and any other material that might have been provided by the prosecutor through discovery. Your attorney should also make copies of all material. The attorney should not only consider having you aware of the evidence that is there but also any other evidence that is probably missing. Who are the witnesses that should be interviewed, and what are they likely to say in court? What type of defense investigation is likely to be conducted in order to find the evidence that can disprove your guilt?

January 5, 2018

What are the Animal Abuse Laws in Chicago?

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

We have all seen the commercials on TV asking people for donations to help abused animals. These include pit bulls being chained in cages to be used for fights. There are Rottweilers being starved with no fat on them, only skin and bones. The animals that need help the most are the ones that are being taken advantage of.

Recently in Illinois, a man put a chain around his pet dog and dragged the injured soul with his car. All of this was because the dog had eaten his sofa. When he saw the dog was extremely bruised up, but not dead, he ran him over multiple times until the dog died. Then, Philip Rinn shamefully threw the poor dog’s body into a ditch. What are the animal abuse laws in Chicago? What punishment is given to those who break these laws?

The Laws in Chicago Regarding Cruelty Towards Animals

January 3, 2018

Medicaid Fraud in Chicago

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

The government is trying to review and reform the healthcare system, but there are still some people in Chicago who are committing Medicaid fraud. There are many fraud prevention measures that have been put in place. Yet, there are people who work to see how they can deceive the government.

This is a serious offense that can lead to serious jail time. Recently, Santila Terry, a 45-year-old woman who lives in Chicago, was facing charges for committing both identity and Medicaid fraud. The total estimated loss in the case was almost $1 million. This case is typical in terms of how frauds of that nature are committed.

A service provider bills the government for services that were never delivered right up until they are discovered. According to reports from the Attorney General, Santila was claiming to provide speech therapy to people who did not exist. Another part of the case was identity fraud. Special Therapy Care Chartered used the personal information and Medicaid service provider ID of a previous employee to falsely bill the government.

December 29, 2017

Do Police Need a Warrant to Search Your Cell Phone?

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

A cell phone is a mechanical device used for personal and business transactions. Because it is widely available, many people use cell phones to communicate. It is one’s property, kept and protected for privacy.

What happens if you are called in for questioning or accused of a crime? Are the police allowed to search your cell phone? If they are, then do they need a warrant to search your personal property?

What is a Warrant?

December 27, 2017

Bond Appealing in Chicago

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

Often, defendants ask the court to accept a suspension of payment. They need an appealing bond that should be in Illinois. The court requires the appeal bond to be posted way before the filing of the appeal. That is the case if one needs to have the ability of not paying for the judgment right away.

An appeal bond in the state of Illinois must be offered. This is in addition to it being within the timely notice stipulated in the appeal providence. It is a requirement for a monetary judgment stay of enforcement. This mechanism is clearly illustrated under Rule 305(A) in the Illinois rules civil procedure. It is a must for the bind to be filled within the duration of the filing of the notice of the appeal. If it is not, then within the extended time duration granted under the paragraph (C) of section 205, it must be followed by a notice being offered to the appeal from a judgment debtor. The notice has to be timely.

The writing of the appeal bond in Illinois must be inclusive of the amount. The amount must be calculated to be ample enough to cover all the relevant costs including for judges and court fees and interests. They also include the reasonably anticipated interest that can accrue while the appeal is pending unless the court makes a decision that the bond within the sum average of the judgment, added to the cost and the anticipated interest, is not within reasons procurable to a judgment debtor. In this case, the court can approve an appeal bond within the paramount amount that is understandably available to the concerned judgment debtor.

December 22, 2017

The Insanity Defense in Illinois

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

The insanity defense is one of the oldest defenses in the book. Recently, it was used by Elzbieta Plackowska. She was accused of stabbing her son (5) and daughter (7) to death in 2012. The court rejected her defense. It found her guilty and sentenced her to life without parole. The legislation on this has specific requirements.

A mother killing her own young children is an unusual crime. But, that does not automatically mean it can only occur because someone is insane. Illinois has strict requirements for accepting this kind of defense. They include a mental assessment by a competent person with the right qualifications and experience.

Key Thing to Consider for Review in the Insanity Defense

December 20, 2017

What Happens if You are Not Read Your Miranda Rights?

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

If you are a fan of TV crime drama, you have probably come across this phrase: “You have the right to remain silent. Anything you say can and will be used against you. You have the right to an attorney. If you cannot afford one, an attorney will be appointed for you.” These are a part of the Miranda Rights that the police are supposed to read out for you in the event of an arrest.

What Exactly are Miranda Rights?

The rights come from the Fifth Amendment right to be free from self-incrimination and the Sixth Amendment right to counsel. The name “Miranda” is derived from a case that was held in the Supreme Court known as Miranda V. Arizona. The Miranda Rights include the following: