Criminal defense

November 24, 2017

The Rise of Non-Index Crimes in Chicago

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

Serious crimes like murder make the news headlines. However, crimes like assault and theft are far more common in Chicago, Illinois. In fact, your chances becoming a victim of these non-index crimes might be higher than the police and the security department are telling you.

Reports of “non-index” crime on the Chicago Transit Authority (CTA) are on the rise. They seem to surpass the rate of such reports for the last two years. Some of these non-index crimes are cases involving criminal sexual abuse. They include sexual harassment without any physical contact and inappropriate touching.

Since early 2015, there has been reported 145 cases of criminal sexual abuse on the CTA. Surprisingly, in 2015, only 44 cases of criminal sexual abuse were reported. This data was released by the Chicago Sun-Times after analysis of the Chicago Police Department’s data on non-index crimes. Note the non-index crimes are ones perceived as less than the index crimes such as rape, robbery, and murder.

November 22, 2017

The Latest on Chicago’s Police Reforms

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

Police reform in Chicago is not only a matter of public importance for the city’s residents; it also has an impact on other cities and states. If Chicago gets it right, this might turn out to be the blueprint for reform in other places. If it goes wrong, then other states and cities may be reluctant to implement their own police reform initiatives.

At the moment, there is a difference of opinion between Mayor Rahm Emanuel and City Hall. There are many interested parties, including members of the public, the law enforcement agencies, the courts, and even the politicians. The mayor had originally picked a watchdog group to oversee the process, but others think there should be more involvement from various community organizations. A federal judge has been called in to oversee the process. Some see this as a way to avoid working with the Trump Administration and the US Justice Department.

New Convictions and Cases

November 17, 2017

Driving With a Suspended License in Illinois

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

If you are living in Chicago, Illinois, you might have your own car to get around the city. You need to drive to work, back home, and to different spots around town. Driving on your own to any destination is convenient. But, what will you do if your driver’s license is suspended? Have you violated any traffic rules? If so, do you know what the consequences are?

If your license has been suspended, it means that the authorities have taken away your privilege to drive. You can find the law about driving with a suspended license in Chicago, Illinois pursuant to 625 ILCS 5/6-303. Your penalty will depend on your reasons for having a suspended license.

Reasons Why You Might Have Your License Suspended

November 15, 2017

What Happens if I Can Not Pay Bail?

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

Many people can not afford to post bail when they are arrested. This has caused a lot of Illinois prisons to be overcrowded. Legislators in Chicago has taken several measures to try to lower the cost of bail.

This summer, the Governor Rauner signed legislation allowing bail relief to non-violent offenders at a local Chicago Baptist Institute. This will create the opportunity for those who are detained for low-level crimes to pay a lower fee to be released. The Governor believes that this is “an important step in improving our state’s criminal justice system. Our system must work equally for all our residents, in every community, regardless of their income,” Rauner said. “We should be focused on putting people in jobs, not jail.”

Knowing When and How to Post Bail

November 10, 2017

Fourth Amendment in Chicago: Pat-Down and Reasonable Grounds

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

The 7th circuit appeal court has just considered the case of Joseph Doornbos. This case highlights some of the important things for residents of Chicago to consider when they are stopped and searched. It specifically looks at pat-downs and whether the police have to have reasonable grounds for suspicion before they act.

In this case, the search was done by law enforcement agents that were not in uniform (plain clothes agents). They confronted the suspect and tackled him to the ground as he was leaving a train station. Later on, they charged him with resisting an arrest, but he was acquitted on that charge.

The Issues of the Case

November 8, 2017

Fifth Amendment in Chicago: Double Jeopardy and Lesser Offenses

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

In a case of double jeopardy, a Chicago cop pleaded the Fifth at trial involving friend’s shooting at his home.

A police officer recently refused to answer questions regarding a baffling shooting that took place near his house almost seven years ago. The officer, following advice from his counsel, pleaded the fifth in a federal court regarding his integrity and wrongful shooting attempts. Patrick Kelly, a veteran patrolman, declined to give answers to a number of questions on the mysterious shooting and his puzzling record before Judge Harry Lienenweber. The United States District Magistrate dismissed the police officer as a witness during the hearing of the domestic case. Anthony Monaco, the attorney defending Kelly, did not give any reasons as to why his client did not testify.

On the 12th of January, 2010, Kelly and his childhood friend, Michael La Porta, were at Kelly’s home on the South Side. Michael was shot in the back of his head by Kelly’s service gun. They had been drinking heavily that night. According to Chicago police, the shooting was classified as an endeavored suicide. This decision was reached based on Kelly’s account since he was the only one at his place during the incident.

November 3, 2017

Criminal Procedure in Chicago: Post-Conviction Void Ab Initio

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

After a conviction for any type of criminal offense in Chicago, the defendant is given the chance to post a criminal defense appeal. It is the right of the defendant. Often, excluding certain cases, this appeal takes place in an intermediate appellate court. Every defendant in Chicago who is condemned of a crime has the right to put in an appeal. The appellate court cannot deny hearing the case.

Let’s say the appeal is unsuccessful in the intermediary court. The defendant is convicted of the crime yet again. As such, the defendant’s further petition is not sanctioned. This was proved in one recent case. In it, the defendant filed an appeal to disqualify the trial judge from future post-conviction proceedings. But when the motion was filed, the defendant had no pending cases. The defendant’s petition was thus denied since the motion was void ab initio.

That being said, a defendant can put forward a request to appeal to the Supreme Court of Illinois in hopes that the court will accord his or her request. Such requests are rarely granted. Often, the court accedes to appeals in cases in which interesting legal topics have been settled in different ways by several intermediary courts hearing the case.

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.