Criminal defense

December 28, 2016

Expungements and Sealing in Chicago: Possibilities and Limitations

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

For many offenders, the sentence handed down by the court is only the beginning of their punishment. In some ways a criminal record as mandated by the Criminal Identification Act is a much more difficult condition to deal with because it is permanent and insidious. Most people will make judgements about the capabilities and proclivities of an individual based on their criminal record. The people making these judgements are not party to the original case or any of the mitigating circumstances that could explain the person’s behavior at the time. More importantly, the criminal record leaves no room for real rehabilitation. All it does is to ensure that convicted people are forever consigned to the shadowy world of illicit activities. There have been many critiques of the criminal records system over the years including its role in increasing recidivism. However public opinion at the moment is ambivalent about the possibility of expunging records.

A Redemptive Scheme in Chicago

Chicago is one of the states that is exploring new ways of rehabilitating offenders. This is done through the process of sealing or expunging a criminal record for certain offenses, offenders, and circumstances. It is never a clean break because if the media has reported the case then all that is required is a Google search to get everything back up again. Many employers and potential spouses increasingly do those Google searches so either way the individual is stuck with their record unless they change name by deed poll. It is only the most experienced attorneys that are able to successfully get rid of a criminal record. Unfortunately most defendants are so traumatized by the criminal justice process that they end up giving up on any future hopes of redemption. They simply let the record lie as it is stated and resign themselves to a life on state benefits.

December 23, 2016

Order of Protection in Chicago: An Overview of its Legal and Practical Implications

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

The laws and rules relating to orders of protection in Chicago normally stem from domestic disputes. Typically, spouses seeking orders of protection are estranged or facing domestic violence. However, that does not mean that the law does not touch on other domesticated arrangements including the relationships between roommates and family members. This is a serious legal process that has significant financial implications for the party that is found to be at fault. It can even lead to a criminal record which filters down to job security, visitation rights, and custody disputes. That is why defendants in such cases will fight tooth and nail to ensure that an order of protection is not listed against them. Needless to say that the faults in writing the legislation, the police procedures as well as its wide implications has meant that it is open for abuse. This abuse is primarily associated with the application for protective orders based on false or incomplete information.

The Role of the Attorney in Getting Justice

Fact finding is an essential aspect of the protective order and will ultimately determine whether it is allowed or not. Therefore it is the responsibility of the defendant’s attorney to ensure that all relevant facts are considered. Some might be aggravating whilst others might be mitigating. The classic defense position is to maximize the mitigating issues whilst simultaneously minimizing the aggravating aspects. So far the courts have not been too vigilant in punishing those who cause them to issue unwarranted orders of protection. For example, there is sparse use of the perjury provisions of the law in these cases; partly due to the inherent belief within the criminal justice system that orders of protection lie more within the ambit of family law than criminal law.

December 16, 2016

Search and Seizure Procedures in Chicago

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

Broadly speaking, the law in Chicago gives the police power to search and seize items if and when they suspect that those items are relevant to the commission or investigation of a crime. However, some law enforcement agencies have abused this power resulting in the interventions of senior courts to determine what constitutes a legal search and seizure in Chicago. Defense attorneys may find themselves in a position where they are effectively prosecuting the law enforcement agencies for breaking the law. Typically, these complexities arise in the midst drug-related cases.

The Interplay Between Constitutional and Criminal Law

The Fourth Amendment has guaranteed Americans the right to be free from unreasonable search and seizure. However, that tends to focus more on the federal government overreach. Of course, there are those that push the law to its very limit by insisting that they are able to occupy public property without intervention from the state. That is why the law always includes a caveat of reasonableness which is open to interpretation and definition by the courts. The Fourth Amendment does not cover seizure by private individuals and therefore anyone that engages in this type of activity on their own authority is bound to encounter serious legal problems.

December 14, 2016

Forgery Law in Chicago

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

To the uninitiated, forgery in Chicago seems like a straightforward case. However, a closer examination of the law indicates that it is every bit as complicated as any constitutional issue that you can imagine. The fact that this law affects a large number of ordinary folks means that it is an important area for a defense attorney to be aware of. Certainly a lot of expertise and experience is required in order to successfully defend such cases. The consequences of failing to mount a successful defense can be serious, leading to between two and five years in custody (see Thomas M. Bartholomew for sentencing guidelines). On the other hand, a conviction is effectively an indicator of fraud and that could ruin career prospects in much more serious ways than even a murder conviction.

A Long Investigative Process

Normally forgery cases in Chicago will require a thorough investigation because the expectation from the police is that the typical defendant in these cases is highly sophisticated. To be fair, some forgeries are straightforward cases of misguided ambition. Examples include an altered bus pass or rail ticket. By contrast, there are some forgeries that have multiple layers, involving serious corporate fraud and other related consequences. The court will consider the chain of events from the first forgery to the eventual consequences on the victims when dealing with each case, particularly with regards to sentencing. Hiring a good defense attorney is essential, particularly when complex technicalities are highlighted and contested.

December 7, 2016

Possession of a Stolen Motor Vehicle in Chicago

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

One of the most common crimes in Chicago is that of possession of a stolen vehicle. For a defense attorney such cases present certain peculiarities and challenges, but they also present opportunities to develop a deeper understanding of the law. Understandably, the defendant may try to claim a lack of knowledge about the origin of the car, but the investigating officers are normally well versed in the critical aspects of discovery. They will most certainly ensure that the mens rea is proved. The Actus Reus is normally a foregone conclusion since in most cases the suspect is caught red handed, usually in the commission of a traffic offense.

Implications for the Defendant

The indicative term of imprisonment is anywhere between three and seven years; quite a stiff sentence when one considers the fact that defendants who are involved in major violence and significant economic crimes might get a shorter term (see People vs Wright). The value of the car in question can be a mitigating or aggravating feature. For example, a car that is worth more than $10,000 will normally attract a Class 2 felony charge. Other aggravating features include the use of deception and threats. There are instances in which the offense is merely a conduit for more serious charges such as grand auto theft or even robbery. Therefore, it is imperative for the defending attorney to have as much information about the case as possible before it moves to arraignment and trial.

November 30, 2016

Obstruction of Justice in Chicago: Letting the Law Take its Course

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

The mantra to let the law take its course seems like a platitude when faced with a serious criminal investigation. Each party will have their own interests and will fight to protect them. For example the prosecutor will want the defendant to come across as the worst thing that has happened to the world. On the other hand, the defending attorney will want to portray his or her client as a hapless victim or a well-meaning interventionist. The public may want their pound of flesh from the trial, including the entertainment value. However, in the cool environment of a courtroom, it is the law that takes precedence. In this article we consider the offense of obstructing justice in Chicago as described in 720 ILCS 5/31-4.

Getting in the Way of the Investigation is a Crime in Chicago

The law on obstruction of justice in Chicago is borne out of a concern that defendants and their accomplices will try to make it difficult to undertake prosecutions. They can do this in a number of ways which involve omission and commission. In the worst case scenarios, there is witness intimidation which is an altogether different and sometimes even more serious offense in Chicago. Obstruction is a felony even if it encompasses quite a wide variety of behavior. This may include false testimony, concealment of essential information, and destroying or disguising physical evidence. Typically, there are two avenues opening for charging someone for these offenses. The first one is known as information while the second is known as indictment.

November 25, 2016

Deferred Prosecution in Chicago: Justice Delayed is Justice Denied

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

Prosecutorial discretion in Chicago has always been a controversial issue particularly if the public feels that there is an element of unfair selection and victimization. One of the leading practitioners of the deferred prosecution program is the Cook Country State Attorney. This program has been in operation since 2011 but is not without its detractors. For example, it has been subjected to an evaluation by the Illinois Criminal Justice Information Authority. The grant for this research was offered by the Loyola University Chicago. The success of the program has led to its being designated as the model of good practice for the Offender Initiative Program. All these interventions are enshrined in the Illinois Statute book under 730 ILCS 5/5-6-3.3. The three major objectives of the program are as follows:

Increase and protect public safety
Ensure the best use of available resources

November 4, 2016

Bribery in Chicago: A City of Pay for Play

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

Chicago has never been able to quite shake off its sometimes unwarranted reputation as a corruption center in the USA. Take the case of a city insider who has been sentenced to 10 years in jail for taking bribes in a scandal that ironically involved jumping red light cameras. The appropriately named John Bills is not alone in the long list of high ranking and low ranking government officials who soon find that they are in need of an excellent criminal defense attorney. The scale of the case and the sentencing are fairly atypical. The court heart that Mr. Bills took up to $2 million in euphemistically labelled “gifts.” His services included sending large red light camera contracts to Redflex Traffic Systems Inc., a company based in Arizona.

If you are looking for the key ingredients of bribery then this case is as good as any in terms of demonstrating them. First of all you have someone in a position of authority who uses that authority to illegally secure pecuniary advantage in exchange for abusing his offices. There are elements of discriminatory and unlawful behavior which means that certain bids for tenders are never treated fairly for no other reason than the fact that they did not pay the authorizing officer a bribe. Such a crime reduces public confidence in the system and judges are particularly harsh in exercising their discretion. Of course it is possible to reduce the maximum sentence if there are mitigating factors. Some of those mitigating factors include an early confession, cooperation with the police, restitution, and examples of good public works.

The Dangers of Plea Bargaining

October 28, 2016

Unlawful Use of a Weapon in Chicago: Cracking Down on Gun Crime

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

The rationale behind the laws relating to unlawful use of a weapon in Chicago are simple. First of all, they are designed to protect the public from harm by making it incredibly difficult and illegal to obtain a firearm. Secondly, the rules must take into account the perspectives of the gun lobby, which aims to take guns out of the hands of criminals whilst allowing unfettered access to the rest of the population. Recently there has been concern about mentally disordered people who may have no criminal record and therefore fully entitled to own a gun until they engage in mass killings. Those who deal with civil rights are not satisfied with the uneasy compromise because according to them the law is never blind in these instances. Ethnic minorities are likely to get stiff punishments for illegally owning a gun and yet when “white” defendants engage in mass murder; every effort is made (led by a compliant media) to find psychological defenses for them.

Preparing to Defend a Case of Unlawful Use of a Weapon

The attorney is expected to engage in what amounts to a background check of their defendants. This was particularly important in a high profile case that involved the gang-related drive-by shooting of Michael Arquero. The victim in this case soon turned into a defendant and the discovery was now all about proving that Arquero was not really as bad as his criminal record indicated. Using aliases he had been able to access weapons, highlighting the weaknesses of the entire system. The defense strategy that was chosen for the occasion was that of self-defense; one which sometimes requires the appearance of “clean hands” under the rules of equity. Following the investigation the prosecutors still accepted the prima facie case that Arquero had shot his attackers in self-defense although it appeared that he had no right to have a gun in the first place.

October 26, 2016

Receiving Stolen Property in Chicago: Third and Fourth Party Crimes

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

Receiving stolen property is one of the more elusive offenses on the Chicago statute books but it has been prosecuted vigorously on account of the fact that it is part of a network of criminality that must be broken from its source. The person that receives stolen property is not only benefitting from a crime but is also making it difficult for the law enforcement authorities to successfully recover the stolen property. Therefore, the criminal justice system has been harsh on defendants in these circumstances. Defense attorneys need to be wary of the prejudices that often plague these cases. The chain of custody before arriving at the final recipient can also cause unique challenges for the defense attorney.

Key Considerations as Part of the Defense Preparations

The strategy that is preferred is to focus on the other defendants so as to take the heat off the person who may not have done the robbery or theft but is indeed the final recipient of the goods or money. The problems start to mount when it is a joint enterprise or conspiracy. In such situations the defendant may have to fight off a presumption that he or she is the mastermind whereas the actual thieves are only footmen and women for the grand scheme. Needless to say defendants who the prosecution successfully labels as being criminal masterminds can expect unusually stiff penalties, even when the discretions of the sentencing guidelines are taken into consideration. Luckily for the vast majority of defense attorneys, the cases are usually on the low end. The person that engaged in the actual stealing action (particularly if it is upgraded to robbery) will bear the brunt of the court’s wrath.