Criminal defense

November 1, 2017

Felony Conviction Sealing Law Changes

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

On August 24th, 2017, Governor Bruce Rauner signed House Bill 2373. This bill creates a better future for citizens with criminal records. It increases the amount of convictions that can be sealed by Illinois law. It has made Illinois the national leader in restoring the lives of those affected by the system. It concentrates on lowering habits related to crime. This ensures that Illinois families get better housing, education, and employment.

The new House Bill (HB) 2373 assists those in Illinois with criminal records fulfil their potential. Such citizens can now request judicial action to remove these records from public access.

Many organizations were busy pushing this law through. The same were claiming victory when the law was enacted on August 24, 2017. According to Governor Bruce Rauner, “Signing HB 2373 is another important step forward in our ongoing effort to make the Illinois criminal justice system more efficient and effective. This law will help people with criminal records obtain jobs, safe housing, and high-quality education, thereby reducing the likelihood of re-incarceration.”

October 27, 2017

The 7th Circuit Considers a Legal Challenge to Eight Years in Solitary Confinement

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

There has been a preliminary hearing to consider whether the civil rights of a prisoner who has been in solitary confinement for eight years were violated. This was not a final ruling but rather permission to proceed with the case. That means that there was either probable cause or serious constitutional issues that had to be dealt with by the court on the case.

The full court reversed a summary judgement that had earlier been passed against a federal inmate. The prisoner had brought a petition about his constitutional due process and rights. Aaron Isby had been convicted of robbery as well as serious bodily harm in 1989. He was imprisoned at the Pendleton Correctional Facility.

When an inmate, Isby had had an altercation with a counselor. He was gassed and apprehended by a cell-extraction team. A dog died during the incident. The inmate actually stabbed two officers. This led to a charge and conviction of attempted murder as well as battery. Another 40 years were added to his sentence.

October 25, 2017

Appeals Court Rules on Drug Dog Sniffing Evidence in Chicago

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

The use of dogs for gathering police evidence has been debated at the highest levels of the criminal justice system. The 7th US Circuit Court of Appeals recently considered the matter and made a ruling that could potentially have far-reaching consequences.

The key issue was the extent to which the law enforcement agencies should be able to rely on K-9 partners when making a decision as to whether to search a person or not. There are vehicle sniff directives for law enforcement agencies in place even without this trial.

In the case of Lex, the dog was not considered to be adequately trained or talented enough to be able to make a decision either way. The case was brought by Larry Bentley Jr. He had been sentenced to 20 years in jail for being found in possession of controlled substances.

October 20, 2017

The Entrapment Defense Against Bribery in Chicago

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

Although the entrapment defense against a charge of bribery is considered to be largely ineffective by many lawyers, it is nonetheless quite capable of leading to an acquittal. For recent cases, the collapsed trial of former Representative Ray Frias has shown that it is quite possible for an effective lawyer to make use of this unique defense strategy.

The defense in this case was so unlikely that other parties to the trial, including Lawrence Bloom, considered it to be a model for their own trials. Nevertheless, it is imperative that defendants think carefully before choosing this option.

For a start, it requires a complete confession and admission of the material facts in the case. For a politician, that can spell political doom since opponents will have a pre-prepared oppositional research statement from the admission.

October 13, 2017

Possession of a Stolen Motor Vehicle in Chicago

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

There are instances in which the crime of being in possession of a stolen motor vehicle is a carrier or access crime. You need a team of competent lawyers in order to avoid upgrading the charges unnecessarily. The car being the instrument for committing the crime or getting away from the crime, it is often a minor charge when compared with the principal charge of robbery or even homicide. The case of Jamie Thurnau and Jorge Chavez demonstrates the wide range of possible charges after the arrest. The actual charge sheet included the possession of a stolen car and also resisting arrest. Further charges of burglary, aggravated battery, and fleeing police were later added.

The fact that the offenders injured a law enforcement agent during the commission of the crime is an aggravating feature that will be considered by the court during the sentencing phase. A prior warrant of arrest was being executed when the pair drove off from a Walmart parking lot. The accumulation of charges brings into question the Mens Rea element of the criminal conduct. The acts of fleeing and even injuring the police may have occurred as described by the prosecutor, but it is an entirely different matter to prove that these acts were foreplanned with malice in mind. This is often the crux of the defense strategy. They may acknowledge the factual basis of the case but then dispute the motivations in order to throw doubt on the case.

Ranking Different Crimes that Occur at the Same Moment

October 11, 2017

Child Protection Law in Chicago

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

Of late, the DCFS (Illinois Department of Children and Family Services) in Chicago has been under fire for not properly enforcing child protection law. For example, children have died despite the fact that the department had already instituted proceedings. Many argue that the law was there to protect the victims, but its enforcement fell way below the standards that were originally envisaged by the legislature when they wrote the law. The case of Manuel Aguilar is harrowing. The 4-year-old was found burned and badly damaged in an abandoned home. The body was so malnourished and wasted that the first responders at first wrongly assumed that he was no older than a year. The lawyers started to unpack the true horror of the story during the proceedings.

The subsequent investigation showed that the victim had spent the best part of a year in an unheated room begging for food and water. He was beaten, starved, and forced to sleep in a cat litter box. His biological mother, Alyssa Garcia, and her teenage boyfriend stuffed the dead body in a bag and set it on fire in an abandoned house. Previously, the DCFS had opened and closed a number of cases relating to the family following complaints of persistent child abuse. An investigation found clerical errors in files and failures to follow up on complaints as well as muddled witness accounts.

Third Parties Who Were Never Interviewed as Part of Child Protection Proceedings

October 6, 2017

Clemency Law in Chicago: A Tool for Correcting Historical and Current Mistakes

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

Although the clemency law is meant to give a second chance to those who have been incarcerated, it can also be used to correct an injustice that has been committed as a consequence of faulty legislation. A case in point are the controversial laws that charge people with murder even if the person who actually did the killing is someone else. The felony murder rule is considered to be unfair, but politicians are unwilling to tackle it because of the fear of backlash from the public.

The basic premise of the law is that it is possible to charge someone for murder if someone dies during the commission of a list of felonies. This may not be so controversial if the dead person is the victim of the felony or an innocent bystander. However, it is an altogether different scenario if the dead person is an accomplice who was killed by the police or some other agency during an attempted apprehension.

The Case of Teenage Burglars

October 4, 2017

“Three Strikes” Law in Chicago: Unjustifiably Long Prison Sentences

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

Few laws have done as much damage to the US criminal justice system as the “three strikes” rule that operates in places such as Chicago. The basic premise of the law is that if someone is convicted more than three times of the same or similar offenses, the judge can aggravate the crime to one that deserves a life sentence or an inordinately long prison sentence. The laws seemed reasonable at their inception because it was hoped that they would help to curtail recidivists and prolific offenders.

In reality, the three strikes rule has meant that the prison system is overcrowded with nonviolent offenders who are serving shockingly long prison sentences. It is indeed possible to have a longer prison sentence for a third offense of drug possession than a first instance of murder. Some legal experts have critiqued the law as being fundamentally unconstitutional because it touches on the privileges granted by the 8th Amendment to US citizens. Besides, the provisions deny defendants the right to a fair trial even when they have lawyers.

Tying the Judges’ Hands

September 29, 2017

Grievous Bodily Harm Law in Chicago: When Employees Attack Customers

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

A number of legal issues arise when an employee of a company commits assault on one of its customers. The lines of liability can be blurred, not least because the crime occurs on a business premises. Moreover, the employees are deemed to be working on behalf of their company during office hours. A distinction has to be made between the personal liability of the employee and the corporate liability of the employer. A good lawyer is the key to success in any case.

The first critical consideration is that the employee who has committed the assault is criminally liable for those ctions. When it comes to the civil cases, the employer may be asked to compensate the customer for any demonstrated injuries. Such was a case when a number of ex-bouncers admitted to assaulting customers in a club based within the Chelmsford area of Chicago.

Case Study of Employees Who Commit Assault During Business Hours

September 27, 2017

Motives for Murder in Chicago

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

The most serious crime on the statute books of Chicago is murder, although international terrorism is also getting right up there in terms of seriousness. Quite often, the case hinges on three major components:

The actual commission of the crime
The motives behind the crime