Criminal defense

July 12, 2017

Prosecuting Hate Crimes in Chicago

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

Today, hate crimes are at the forefront of the struggle to create safe communities for everyone int his country. Those that accused the legislators of political correctness still make their points, but the vast majority of the public recognizes that hate crimes are never acceptable and must be prosecuted with the vigor that they deserve. Chicago is one of the areas that has struggled with a significant upsurge in hate crimes.

The state decided to tackle the problem using a combination of community policing, sensitization, and even outright legislation: the Illinois Hate Crime Act (IHCA), which is summarized under the legislative instrument number 720 ILCS 5/12-7.1. There are many procedures and processes in place that are designed to ensure that a fair and accurate outcome is delivered. This is a response to the historical and long-standing abuses in the criminal justice system, which ensured that many culprits of hate crimes got away with them. At the height of the Civil Rights movements, the Ku Klux Klan was literally enforcing its own version of vigilante justice against those who were deemed to be racially inferior.

Understanding the Imperatives and Implications of the New Regime

July 7, 2017

Underage Drinking in Chicago

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

The prosecutor or defending attorney who deals with underage drinking in Chicago is probably one of the busiest in the business. This is a law that catches the people who are most vulnerable to breaking it. At the moment, the minimum drinking age is 21 years, but some consider it too high with the suggestion for a reduction to as low as 16 years of age. It is important to note that this is a law that not only captures those who infringe on it directly but also parents who host the offenders. That means that legal ramifications of underage drinking can go beyond merely arresting and releasing an impulsive teenager.

There are certain unique parts of the law that are designed to capture the realities of life in Chicago. For example, recognition is given to the fact that some parents legitimately allow their children to drink alcohol as part of religious ceremonies. The provision comes with a supervisory requirement, which otherwise makes it a crime. Therefore, the parent must be supervising the child when he or she is consuming alcohol for religious purposes. Moreover, such activity must only take place within the confines of the family home and nowhere else. Otherwise, it is still a crime.

Responsibilities and Terms

July 5, 2017

Death in Custody: The Legal Outrage in Chicago

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

Any death in custody is a tragedy on a personal level, but it also raises civil rights issues that cannot be ignored. For example, race and class are important predictors of vulnerability of incarcerated individuals. Many of the people that die in custody are poor and ethnic minorities. Whether the police admit it or not, the public perceives systemic abuses that culminate in the violation of people’s basic and fundamental rights. The case of Laquan McDonald is no longer that unique. The typical narrative seems to be that of a white officer shooting an unarmed young black man. Although the law enforcement agencies try to argue that this a reflection of criminal proclivities, the reality is that the disproportion is so great as to cause public disquiet.

In the courts, the judges are primed to believe the law enforcement agencies until and unless there is irrefutable evidence against them. The introduction of the video camera and smart phone has meant that local vigilantes can poke holes into the official story that is provided by the police. Whether this is a positive development is open to debate. The mantra of institutional racism has become a catchall phrase for all the ills and mismanagement that are associated with law enforcement agencies across the board, and not just within the precincts of Chicago.

When the Duty of Care is Not Met

June 28, 2017

Police Reform in Chicago

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

Chicago is a city that has long been criticized for failing on transparency, accountability, and justice issues. Some of these criticisms are not based on fact but are rather like urban myths. They grow and have lives of their own, the facts of the matter being largely inconsequential. The city has adopted a unique approach that takes into consideration the views and perspectives of those who work within the criminal justice system. Hence, there are proposals for a sitting or retired judge to oversee the entire process. This inclusive approach brings the police into the fold rather than treating them as sworn enemies of civil liberties.

Other cities have a somewhat different approach to reform. They consider their own law enforcement agencies to be fundamentally anti-people. Therefore, the reform process is necessarily imposed on them rather than being a natural progression towards organizational development. In this case, the format is that of a public inquiry with all the requisite appearance of interrogations and investigations.

Not surprisingly, some members of the Chicago police forces are not entirely pleased with the latter approach. They believe that they too are part of the reform agenda and desire to provide high-quality services to the citizenry. Even when mistakes are made, they are nothing more than that. It is not a case of corrupt agencies taking away the rights of the people.

June 21, 2017

The Stop and Search Law: Racial Disparities in Chicago

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

Few laws have created the angst that is experienced in the stop-and-search era. The basic premise is that if you come from an ethnic minority, then the chances are that you will be more likely to be stripped and searched than a member of the mainstream community, which is primarily white Caucasian in this context. It is a violation of civil liberties. There are numerous reports of these powers being abused.

The law enforcement agencies may hide behind the notion that they are merely engaging in a consensual process, but consensus can never be achieved if one of the parties to the cause is so much more powerful and influential. The power of arrest and charge is particularly compelling to any would-be suspect when he or she is deciding whether or not to resist the arrest. The law enforcement agencies have attempted to report this as a practical matter of people from ethnic minorities committing more crimes more often than their mainstream white Caucasian counterparts. Other social researchers disagree with this premise because it does not account for the impact of the systemic deprivations with which these ethnic minorities have to contend.

Working Towards a Sustainable Model

June 16, 2017

Child Trafficking Laws in Chicago

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

Unfortunately, Chicago has acquired a reputation for child trafficking and is one of the crisis points recognized in the national strategy. Some of the people involved are supposed to be intimate partners who end up turning on the victims and forcing them to engage in indecent employment for little or no compensation. The practice is sometimes fueled by an illicit drug and sex work industry. Grooming is a very important step in getting someone to give up his or her rights, and that is where children are particularly vulnerable. They lack a sense of judgement and the perpetrators tend to look for those who are on the margins of society. Runaway kids are especially susceptible to this type of crime and the social service agencies in Chicago have attempted to do some preventative work.

In previous times, the law was insensitive to the fact that the victims may be engaging in illegal activity through no fault or volition of their own. That is why it was important to focus instead on the pimps who stand on the wayside in order to capture the illegally-acquired largesse from the trade. There are instances in which the victim is offered support whilst the perpetrator faces the full weight of a criminal prosecution. The reality is that many victims are so traumatized and frightened that they end up not raising a complaint in situations in which their cooperation is of the utmost importance.

A Comprehensive Strategy

June 14, 2017

Slander and Defamation Laws in Chicago: Tightrope Between Free Speech and Abuse

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

It is interesting to note that many people who say hateful things immediately run to the “freedom of speech” mantra when they are called out on it. This is the kind of dilemma that the law in Chicago has to contend with. In the worst-case scenarios, a successful case of defamation is brought to bear and there are significant consequences for the perpetrators. The internet has allowed for anonymous speech to prosper, and somehow people have forgotten their basic responsibility for common decency. On a daily basis, individuals and institutions are slandered and defamed on the internet in the knowledge that the fight back will be difficult or nearly impossible. The statute of limitations may protect those who count on the possibility that the victim will take an inordinately long to complain to the authorities.

Chicago Decides to Weigh in

For a long time, there was a misconception that you can only defame the rich and famous. Over time, the citizens of Chicago have recognized the fact that virtually everybody but the dead can be defamed and slandered. Moreover, the results of such actions can be quite serious, including the loss of employment and valued relationships. The court will normally deal with the plaintiff, defendant, and any other third parties. It is much harder to prove that you are affected by slander or defamation if you do not fall into the two principle parties in the cause of action. Indeed, there is a substantial body of case law to show that the courts are particularly careful to exclude unfounded causes that are based on some unproven pain and suffering.

June 9, 2017

Rules of Evidence in Chicago

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

The practice notes for the rules of evidence remain an important cornerstone of justice in Chicago. Specifically, the court wants to hear, see, witness, and assess evidence that is accurate and timely. Without the rules of evidence, the court process is delayed, and the outcome is inevitably compromised. If we take the example of hearsay, it is clear that the courts wish to hear from the actual witnesses to a crime rather than second-hand stories that are subject to contamination, misinterpretation, and deception. Moreover, the access to direct evidence and witness testimony allows for cross-examination, an important verification and confirmatory aspect of the court process.

Defending attorneys should be well-versed in the allowable question and answer formats. It is a given that some clever lawyer somewhere is going to try to bend the rules by asking a leading or irrelevant question. The defendant must be prepared for the rigors of a cross examination. Many rape and sexual assault cases collapse for no other reason other than that the victim is unable to withstand the detailed and embarrassing process of cross-examination. The court does have decorum, but it is also not a place for false modesty. The judge and jury wish to hear things as they happened and as they relate to the charge that has been brought forward.

Facts Rule the Court

June 7, 2017

Remand and Bail Laws in Chicago: When and How to Release Suspects

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

The right to bail is constitutionally protected in Chicago and across the USA and is relevant in the wake of increased custodial sentencing. It is a key piece of procedural content for the court process. Many ordinary members of the public do not understand how bail works. That means that they are at risk of spending significant time in jail on remand rather than being out on bail. The court is faced with three main considerations when deciding whether or not to give bail:

The risk of absconding
The risk of committing other crimes whilst on bail

June 2, 2017

Consumer Protection Laws in Chicago: A Minefield of Interests

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

The bedrock of the consumer protection laws in Chicago is the need to protect members of the public from unscrupulous business practices. Specifically, the law was written in response to consumer complaints that largely went unaddressed. It was noted that in some cases, the bureaucratic minefield of forms and procedures meant that consumers were unable to get to the decision-makers who might have made a difference. The laws were carefully designed in such a way as not to hurt the business community, a community that has contributed much to the prosperity of the state and its cities.

Putting the Consumer First

It is important to understand the fact that the law perceives the consumer to be a vulnerable entity that needs to be protected from powerful business interests. The “customer is right” ethos sometimes masks the manipulation of consumers in order to get them to spend more money on things that are most profitable to a given business. False advertising and even price mislabeling are common tactics. The consumers find themselves in a situation where they are effectively backed into unfair contracts. These arrangements are hard to exit without significant consequences for the consumer.