Criminal defense

September 13, 2017

Cyber Security in Chicago

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

Cyber terrorism is a serious crime. Obviously, this falls on the higher end of the offenses that are committed on the internet. Chicago, like many states, is trying to update its laws in order to deal with these threats in an effective way, bearing in mind the fact that the technology is constantly changing. Likewise, there are employee training requirements for companies. The law firms that defend and participate in prosecutions are also coming to terms with the intricacies of the laws as well as the various regulations that have been put in place to regulate the activity that takes place on the internet.

One of the issues that has come to the fore is the possibility that in the pursuit of cyber legality, there is a danger of infringing on the privacy of Chicago citizens. The state and legislature are always willing to have more control over the activities of residents. However, that level of control might have serious implications in terms of protecting civil liberties and the integrity of the American Constitution. The International Association of Privacy Professionals (IAPP) has been at the forefront of advocacy work in this respect so as to moderate some of the excesses that are proposed in prospective legislation.

The Quagmire of Data Collection

August 23, 2017

What Does the Law Say About Abortion in Chicago?

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

There is no doubt that the enactment of anti-abortion laws is one of the most important cultural war issues in the USA at the moment. Chicago is not insulated from the arguments for and against the practice. At the moment, there are certain prohibitions and exemptions that have developed over time in response to federal law and changes in the popular attitudes to abortion. There is a prohibition on abortions of fetuses that are considered to be viable. This is anywhere between 23 and 24 weeks. Exceptions to the rule are made when there is a risk to the life or health of the pregnant person. At the same time, the state is subject to the Partial-Birth Abortion Ban Act of 2003, which effectively bans certain second trimester abortion procedures including extraction and intact dilation. This ban does not make exceptions for the health of the mother, a rather controversial configuration.

Although Illinois has a Partial Birth Abortion Ban Act, it is not currently enforceable. Other provisions and regulations determine who is allowed and not allowed to administer “abortion care,” as it is sometimes euphemistically called. The current practice is to restrict the right to administer the care to physicians who have a valid license to practice in the state. Others who are allowed to administer medication abortion are advanced practice clinicians including physician assistants and advanced practice nurses. There are strict licensing and regulation requirements. Many of these fall under the Illinois Medical Practice Act. There are other professional statutes that may be applicable in this instance.

Attempts to Control the Practice

August 18, 2017

The Law on Industrial Hemp in Chicago

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

The Chicago legislature has recently put laws in place that allow farmers to grow industrial hemp. This is a replacement of the old regime under which such actions were barred. A system of permits ensures that issues of public safety and good conduct are taken into consideration. Hemp belongs to the family of the cannabis plant. Although it can be used as a narcotic in sufficiently strong concentrations, it is also used to make textiles as well as paper-based industrial products. Farmers could potentially earn an income from this plant that is also on the banned list of substances. The old law was caught between encouraging genuine commercial activity and preventing the large-scale production of potential narcotics. The initial plan was to allow the cultivation for research purposes and then move on to commercial production for non-narcotic usage.

The Illinois Department of Agriculture is intimately involved in all the proceedings so as to ensure appropriate oversight. The Drug Enforcement Administration (DEA) previously classified hemp as a Schedule 1 Drug. That meant that farms could not legally grow it, certainly not on an industrial scale. The classification was based on the findings that the drug had a high potential for abuse. Those who dispute the classification argue that hemp contains only trace elements of the offending substance known as tetrahydrocannabinol, or THC. This is indeed the psychoactive chemical that is known to create a high for marijuana users. Over time, a number of states (now numbering 16) have gradually legalized the production of hemp for commercial purposes. By 2014, Illinois had put legislation in place to allow for the growing of hemp by State Universities and the Department of Agriculture.

The Narcotic with Huge Potential

August 11, 2017

Laws on Clean Energy in Chicago

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

Chicago is a modern city that has shown commitment to fighting climate change and protecting natural resources. This is particularly important within the context of the US government’s decision to withdraw from the Paris Agreement. Many cities like Chicago are taking localized steps to ensure that the sustainability agenda is not lost in the midst of federal quarrels over the appropriateness of specific interventions. These are some of the key issues that are taking center stage in terms of the laws on clean energy and environmental protection:

Energy Credits: In order to encourage the use of solar power, renewable energy credits have been put in place as an incentive for businesses and individuals that want to make a difference. The Illinois Power Agency has, for example, developed a supplemental procurement plan that makes up to $30 million available under the Renewable Resources Fund.
Community Foundations: In an effort to localize the sustainability agenda, the Illinois Clean Energy Community Foundation has instituted a grant program that specifically targets the increased use of efficient energy. This work extends to corporations, non-profit organizations, local authorities, educational institutions, and other relevant agencies. The idea is to lead by example.

August 9, 2017

Confiscation Orders and Forfeiture in Chicago

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

The civil asset forfeiture procedure has been significantly changed over the past few years in Chicago. The most common tool used is that of confiscation orders in cases where a court process has started or is contemplated. One of the reasons for these changes is the increase in the sophistication and breadth of financial crimes. It was felt that the people that committed these crimes got to retain a large proportion of their criminally-acquired assets, hence making a mockery of justice. The end result was the overturning of the “crime doesn’t pay” mantra. Therefore, these procedures were tightened up in order to allow the victims and the prosecution authorities to target those illegally acquired assets.

The standard procedure is to dispose of or auction off the ill-gotten gains from criminality. The resultant funds are returned to the treasury but the judge may order that the victims be compensated. In addition, there is always the option for victims to sue the perpetrator for damages. One of the most controversial uses of this procedure has been to seize what is considered to be drug-related paraphernalia. The intentions behind the operation are to root out criminality from its source and main motivation. However, the end result is that poorer people are targeted and they end up losing everything on the basis of a suspicion. The forensic teams may find it difficult to distinguish legitimate from tainted assets.

The Rationale Behind the Confiscations and Seizures

August 4, 2017

What the New Bond Issue Means for the Accused in Illinois

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

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Access to bond and bail is meant to be a constitutional right, but there are certain requirements that might prove to be impediments to some people when they attempt to assert this right. Illinois requires that a person who is granted bail sets aside some money as surety of his or her appearance at the court. According to the provisions of 725 ILCS 5/102-6, the amount that is set is meant to be sufficient to deter the person from absconding. Of course, once the person absconds, the money is forfeited. Bail is meant to ensure that people who are not yet found guilty of a crime are not incarcerated for long periods of time under remand provisions.

There are times when the court sets out a cash bail to ensure that there are funds available to the court before the person is released. The courts will accept travelers’ checks, USD, and money orders. The violation of the bond terms can have serious consequences for both the surety and the suspect. As a starting point, an arrest warrant will be issued, and once the person is captured, he or she will find it difficult to secure bail in the future. In some extreme cases, the surety may be incarcerated if it is proved that he or she was acting under false pretenses in order to allow the suspect to escape from justice.

Implications for the Indigent Defendants

August 2, 2017

How to Get a Reprieve or Discharge in Chicago

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

Even when a crime has been committed and a person has been convicted, there are opportunities for that person to get a discharge or reprieve depending on the circumstances. There are cases in which there is a public interest in overturning the verdict, conviction, and sentence as if they never happened at all. This is a separate procedure from a reprieve. It means that the criminal record is essentially expunged and the person continues on as if he or she never committed the crime or went through the court process. This person may even be entitled to compensation for wrongful convictions.

The process we are talking about is when a crime has been proven and the defendant has been sentenced, but he or she then gets a reprieve. This can be at the discretion of the governor of Chicago or even the President of the United States. A board may be convened to consider the institution of pardons and reprieves. A case in point is when President Obama authorized reprieves for a number of convicts who had been given long sentences for relatively minor drug-related offenses on the basis of the three strikes rule.

Implications of the Reprieve of Discharge

July 26, 2017

Why Pay for Legal Advice in Chicago

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

Some defendants who are deemed to be indigent might be debating whether it is worth their while to get an attorney to represent them in a criminal case. They might rationalize their decision on the basis that there is a good alternative for making use of the public defender or any other court-appointed attorney for legal advice. That is not something that we would advise. You should have legal representation of some sort in any case . If you can, make sure that you hire one because someone whom you have paid is within your control. You can motivate or demotivate them using the payments that are advanced. The public defenders are only there due to a service calling and their obligations as professionals. That means that their work is mainly guided by the strictures of the institutions within which they operate.

Those strictures may not necessarily be in the best interest of the defendant. For example, following an outcry about authorities that are lenient on criminals, there have been significant budget cuts that tend to target the public defense fund. The problem with such an arrangement is that it leads to reduced services and even impaired quality in terms of delivering a standard of defense that is in the interests of justice. There are many people who are convicted and sentenced for no other reason than the fact that they have committed the cardinal sin of not having sufficient money to pay for a good lawyer. This is a situation that defendants should avoid because a conviction can have significant and unintended consequences.

Making the Best Use of the Legal Resources Available

July 21, 2017

Legal Controls on Antisocial Behavior in Chicago

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

The crime that is antisocial behavior is not marked by some grand event or big scandal that can be curtailed through legal controls. Rather, it is a series of events and misdemeanors that eventually add up to a toxic atmosphere of disorder in the streets of Chicago. Indeed, this is the type of crime that is most likely to be closer to the citizenry because it happens to them on a daily basis. The fact that the crimes, when looked at as individual incidents rather than as a whole, do not meet the gravity and sensationalism that is required to capture the attention of our contemporary 24-hour media cycle means that victims often suffer in silence. They protest, but when they realize that nothing is going to be done about it, they accept antisocial behavior as part of the cost of living in some parts of Chicago.

From a legal point of view, this is a situation that is no longer sustainable. There is an expectation that the residents of Chicago will be able to enjoy their neighborhoods in peace without being disturbed by criminals. At the same time, the legislation must be written in such a way as not to go overboard. The fight against crime and its causes can seep into hyperbole and grand political gestures that do not deal with the underlying problems. For example, legislating against drunken behavior is not enough when youth are idle due to unemployment. The authorities must take a systemic and holistic approach to resolving these entrenched problems.

Setting up a Reasonable and Workable Regime

July 19, 2017

The Law on Leaving the Scene of an Accident in Chicago

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

Chicago has stringent accident laws that are designed to punish those who leave the scene of an accident without exchanging their information with the other parties involved. Although some members of the public consider this to be an intrusion, the reality is that it is one of the tools designed to enhance public safety. It means that hit-and-run incidents will be few and far between. Moreover, the fact that the police are summoned means that there is less room for disagreement about the nature of the interventions at a later stage. Leaving the scene of an accident is a criminal offense in Chicago and may land the defendant in jail if he or she cannot provide a convincing explanation for that behavior. The best thing to do when involved in an accident is to wait for the police and call your lawyer.

The lawyer will ensure that the defendant does not say anything that is unduly incriminating or even harmful to his or her cause. The rationale is that accidents happen. If the individuals are properly insured, then there is no question about costs because those will be met by the insurer. Running away from the scene raises doubts as to whether there are other underlying factors that the defendant is not addressing in terms of his or her criminal culpability. The police may decide to investigate further as a means of understanding what has happened and why it has happened. It helps to travel with your driver’s license or even some reference to your insurer so that they can be reached in case you are unconscious.

Classification of the Offense and Possible Consequences