Criminal defense

July 31, 2016

Illinois’ New Domestic Violence Law

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

According to the Chicago Metropolitan Battered Women’s Network, approximately 77% of women who are currently incarcerated are victims of abuse. This figure is staggering and is part of the reason why this nonprofit helped to pass Illinois’ new domestic violence law, SB0209. SB0209 is important because it allows being a victim of domestic violence to be a mitigating factor at sentencing. A mitigating factor is any information presented to the court, generally about the defendant or the circumstances surrounding the crime, that has the potential to reduce the defendant’s sentence or the crime charged. Therefore, SB0209 was passed in order to enable courts in our state to reduce a defendant’s sentence if he or she was a victim of domestic violence.

Bill SB0209: History of Domestic Violence as a Mitigating Factor

According to SB0209, if a defendant is or was a victim of domestic violence, and the domestic violence tended to excuse or justify his or her criminal conduct, then evidence of the abuse can be a mitigating factor at sentencing. In order to claim being a victim of domestic violence as a mitigating factor, the defendant must prove the following by a preponderance of the evidence:

July 20, 2016

The Illinois State Police Murderer and Violent Offender Against Youth Registry

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

You have likely heard of the Sex Offender Registry, but have you ever heard of the Murderer and Violent Offender Against Youth Registry? Likely not, as this type of registry is not as widely publicized and only exists in Illinois and four other states – Oklahoma, Montana, Kansas, and Indiana. The Illinois State Police Murderer and Violent Offender Against Youth Registry is a list that provides the public with the names, addresses, and recent photos of certain convicts who live in the state. If you are facing a serious criminal charge or have already been convicted of a crime in Illinois be sure to consult with a local criminal defense attorney about the Murderer and Violent Offender Against Youth Registration Act in order to discuss the registry and determine if it has the potential to impact your life.

Who is Required to Register?

The Murderer and Violent Offender Against Youth Registration Act is contained in code section 730 ILCS 154/1 and details the parameters of the registry. Under the Act, any conviction or adjudication of any of the following statutes requires registration if the victim is less than 18 years old:

July 14, 2016

Professional Baseball Player Accused of Sexually Assaulting a Woman in Chicago

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

Baseball Stadium Seats
According to the Chicago Tribune, a Pittsburgh Pirates infielder who was in town to play the Chicago Cubs on June 17 has been accused of sexually assaulting a 23-year-old woman in Chicago. The sexual assault allegation is currently being investigated by police, but the baseball player has not yet been charged with a crime. According to the police, the Chicago woman made contact with the infielder via a dating app and the two agreed to meet at his hotel room at approximately 10 p.m. The woman alleges that that he served her one alcoholic drink that caused her to black out roughly 15 minutes later, and that he sexually assaulted her while she drifted in and out of consciousness. The alleged victim had a rape kit done two days later and filed a complaint with the police 10 days after the alleged sexual assault took place. While this woman took action quickly to have a rape kit done and file a police report, it is important to know that after a sexual assault occurs there is a timeframe within which rape kits must be done and sexual assault charges must be filed in order to be effective.

Rape Kits

A ‘rape kit’, also referred to as a Sexual Assault Evidence Kit (SAEK), is a sexual assault forensic exam kit that is used to collect DNA evidence from a victim’s body, clothing, and other personal belongings after a crime is committed. Rape kits are used to help sexual assault victims preserve possible DNA evidence in case they decide to report that they were attacked. During a sexual assault forensic exam the survivor will generally be examined from head-to-toe, evidence will be collected, and follow up care will be recommended. According to Cleveland.com, rape kits can usually recover testable evidence within 96 hours of an assault. Therefore, the fact that the alleged victim in the sexual assault case outlined above had a rape kit conducted two days after she went to the baseball player’s hotel room should not have prevented DNA evidence from being collected.

July 12, 2016

Schizophrenic Man Faces Murder Charge in Cook County

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

The Chicago Tribune reports that a 22-year-old schizophrenic man was recently charged with murdering his cousin in Cook County. Supposedly the defendant was standing on the street with his cousin and a few other people when the group started making fun of the defendant for being mentally slow. Allegedly, the defendant responded by firing a semi-automatic handgun into his cousin’s neck, chin, and chest. The cousin died shortly after and now the shooter is charged with murder. While there are several ways to defend against a murder charge, arguing insanity may be a viable defense strategy for this particular defendant.

Illinois’ Insanity Defense

In Illinois, a person can not be held criminally responsible for their conduct if a mental disease or mental defect caused that person to lack the substantial capacity to appreciate the criminality of his or her conduct, according to our state’s Criminal Code (720 ILCS 5/6-2). In other words, if a mental defect caused you to not appreciate the criminality of what you were doing while you were committing the crime, then the legal defense of insanity is available to you. Illinois’ insanity defense statute also notes that if a defendant was mentally ill at the time of the crime, but was not insane, then that defendant is still liable for his or her criminal act as it is possible to be found guilty but mentally ill in Illinois. However, in order to successfully claim the insanity defense, the defendant has the burden of providing clear and convincing evidence sufficient to prove that he or she was insane when the crime was committed and, therefore, is not guilty by reason of insanity.

June 3, 2016

Common Myths About the Police

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

Many people will have to interact with a law enforcement officer at some point in their lives, but unfortunately a lot of commonly-held beliefs regarding police policies and procedures and the laws surrounding them are based on entertainment media rather than any sort of actual facts. The following are some examples of instances where people’s incorrect beliefs about the police can potentially hurt them.

Myth: A case against a person will be dismissed if the police do not read them the Miranda warning during their arrest.

While this idea has been popularized through many television police dramas, it is not actually correct. The Miranda warning was put into effect for the purpose of helping people protect their Fifth Amendment right against self-incrimination. However, the requirement is only valid after a person has been placed under arrest when law enforcement officers intend to question them. Statements that are made before then are admissible at trial regardless of whether the Miranda warning has been read.

May 27, 2016

The Miranda Warning

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

“You have the right to remain silent. Anything you say may be used against you in a court of law. You have the right to an attorney.” The Miranda warning, or Miranda rights, are probably familiar to anyone who has watched police dramas or true crime shows on television, but the practical aspects of them are often misunderstood.

History

People in the United States have the rights under the Fifth Amendment against self-incrimination and under the Sixth Amendment to an attorney when they are being accused of a crime by law enforcement. The Miranda warning developed out of a Supreme Court holding in Miranda v. Arizona, 384 U.S. 436 (1966) which set out that in order for a statement made to law enforcement officers to be admissible in court the accused needs to be made explicitly aware of these two rights. The Miranda warning statement thus serves two purposes. First, it defends the accused by notifying them of their rights, and second it ensures that any statements that the accused makes to the police will be admissible in court.

May 27, 2016

The Code of Silence Within the Police Force Promotes Mistrust Within the Community

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

That old saying that “one bad apple spoils the whole bunch” is what may be happening in the communities where mistrust of the police is so prevalent. When you have a single police officer, or several officers committing misdeeds, including murder, against members of the communities they are sworn to “serve and protect,” and those deeds go unchecked by fellow officers or the precinct watch commanders who are responsible for controlling and reigning in the bad conduct of their officers in the field, the communities will equate those misdeeds to the entire force. This is human nature, and to be expected. It is up to the police precincts to foster and maintain a more cooperative relationship with their communities. In order to do this, they must bring those officers responsible for criminal activities within those neighborhoods, to justice. It is inexcusable to make any attempt to justify criminal activity committed by law enforcement, and to expect the communities to support those same law enforcement officers. A “code of silence” has no place in law enforcement.

Chicago Police Department and its Code of Silence

A “code of silence” amongst law enforcement officers will go a long way in perpetuating acts of misconduct and the cover-up of police officer misdeeds and actual police criminal conduct within certain precincts. This unwritten code prevents a police officer from “snitching” on another police officer if he is aware that, that officer has engaged in some form of misconduct. Fear of retaliation and intimidation for providing evidence of police misconduct has no place in law enforcement. If such conduct is allowed within the ranks of our police officers, you will see a total breakdown between law enforcement and the communities.

May 25, 2016

Chicago Gun Law Issues

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

The city of Chicago has enacted some of the toughest gun laws in the United States in an attempt to control the city’s notoriously high rates of violent crime. Measures that they could not legislate to the satisfaction of the city council and Chicago police department without running afoul of the United States Constitution, politicians got around by making ownership restrictions so onerous that the average citizen could not, for practical purposes, legally own firearms anyway. Despite cautions from pro-gun groups and civil libertarians, Chicago’s city government had to learn for itself that strict gun control laws only prevent the law-abiding from possessing guns.

Legal Challenges

While the city leadership in Chicago seemed to think it would be acceptable to simply ignore Federal laws and the constitution of the United States, by practical effect or force of law, legal challenges have since worked their way through the system, and the United States Supreme Court has struck down a number of the significant illegal policies that the city has attempted to push on the citizens of Chicago. Gun stores are again conducting business within city limits, and concealed carry licenses are being issued. While this may seem initially to be a benefit for the residents of Chicago, it has caused some issues, as well.

May 25, 2016

Are Police Shootings Justified?

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

There have been several incidents recently where a Chicago Police Officer has been involved in conduct that was either illegal or borderline illegal. This should not reflect on the hundreds of officers that are outstanding in the performance of their duties, but unfortunately, it does. The responsibility should be laid at the feet of the administrators that turn a blind eye to problem officers who create an atmosphere of mistrust in their communities.

The Chicago Police Department recently came under fire over the perceived “code of silence” with respect to giving any evidence of potential police corruption within a precinct. A federal court judge has given a green light for Chicago’s Mayor Rahm Emanuel to be called before the court to give testimony regarding this practice. This court ruling may have significant ramifications for the way the police department will be required to conduct their investigations into internal affairs going forward.

The actions of police departments across the nation have been placed under microscopic scrutiny due to several highly politicized incidents involving law enforcement and the neighborhoods that they patrol. In several incidents, the police have been exonerated. Even so, some believe that cover ups do occur. In such a climate, any possibility that evidence of true police misconduct is being covered up by a “code of silence” will lead to mistrust, especially in those communities that need the police the most.

May 13, 2016

Can We Get a Witness?

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

Street gang violence in the inner cities has become a way of life. News reports about shootings and killing on any given weekend is now Monday morning’s “yawn” story. But how can that be? Young men and women being shot down in the streets become just another statistic. A life lost, snuffed out by an “unidentified” assailant, is how the story goes. The assailant cannot be identified even though the probability of the residents of these closed neighborhoods not knowing who does what in the community is slim to none. Law enforcement’s hands are tied because of the desensitization and unwillingness of neighbors in the communities to get involved.

Sometimes You are Just in the Wrong Place at the Wrong Time

An adjunct to the tragic story of Lee McCullum is the equally tragic story of Tiara Parks, the 23 year old girlfriend of McCullum. Parks was also the daughter of a Cook County Sheriff’s Deputy, a college student and a working mother. It is not known at this time what the possible motive for this murder was. Two other individuals were wounded in this drive-by shooting, one in the leg and one in the back. During the time of the shootings, there were approximately twenty people in the area, standing around as Parks and her companions were shot down as they exited their car in front of the Haley Elementary Academy. It is also unknown at this time if Parks or either of her companions, or all three of them, were the targets of this shooting.