Criminal defense

January 22, 2016

What is the Difference Between Probation and Parole?

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

Probation

If you are sentenced to probation, you have been given a sentence with lesser jail time than usual because you may be a first time offender, and a probation time period is attached to the sentence which indicates that any violation of the probation will require you to serve out the full jail term. There may be no jail time to serve unless you violate the conditions of the probation (i.e., you have been sentenced to five years probation and you are released with the caveat that if you violate the terms of the probation, you will be remanded to custody to serve out a full five year jail term).

Parole

January 20, 2016

Taxpayers on the Hook for Police Misconduct

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

A few bad apples can spoil the whole barrel, or so they say. But in the case of some Chicago precincts where rogue cops are allowed to use their badges to commit crimes against its residents, this is all too true. Cities are discovering that the cost of allowing these rogue cops to patrol their areas can be high after having to pay out millions of dollars in settlements to victims of the overzealous misconduct of a few rogue police officers.

Police Misconduct at What Price?

The Chicago Tribune recently did a story on the subject of “police misconduct” and the cost of this misconduct to the taxpayers. The Tribune discovered that small pockets of police officers are actually costing the city millions of dollars in settlement payments to victims, not to mention the erosion of confidence and trust in law enforcement, when these rogue police officers are allowed to use their apparent authority over its citizens in order to harass and abuse them under “color” of the law.

January 15, 2016

How Does the Bail Bonding Process Work?

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

You have been arrested. You do not have a “get out of jail” free card, so what do you do? If you are accused of a crime and arrested in Chicago, the first thing you will want to do is call your attorney. The very next thing you will want to do is find out if you are eligible for bail. But what is the process?

The Illinois State Legislature does permit an accused to be released on bond, however, unlike most other states, Illinois does not permit private bail bond companies to operate anywhere in the state. The bail bond must be obtained from a state- or county-run agency.

After bail is set, an accused may obtain a bond by paying the full amount of the bail in cash (a “C” bond), paying a percentage of the bail (a “D” bond which is usually 10% of the total amount of the bail), or providing collateral (i.e., a lien on real estate) before he or she can be released. The deposit for the bond will be returned to the accused after he or she appears in court, or if real estate was used as collateral, the lien placed on the real estate will be removed. IllinoisCourts.gov

January 8, 2016

Expunging or Sealing Criminal Records: What is the Difference?

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

If you have ever been arrested for committing a crime in any state, whether convicted or not, you have a criminal record. Despite what you have been told, adult criminal records and juvenile criminal records (also known as “rap sheets”) are never automatically cleared. If you incurred a “rap sheet” at any time in your life, perhaps when you were “sowing those wild oats,” but now you have settled down and have become an exemplary citizen, the previous record of your indiscretions is available for public scrutiny.

Can I Have My Criminal Record Expunged or Sealed?

The short answer is “yes,” you can have your criminal record expunged or sealed if your record is eligible. Your first step is to consult with an experienced criminal law expert who will walk you through the process.

January 6, 2016

A Question of Guilt or Innocence

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

Arrested, charged, prosecuted, imprisoned, but innocent. This scenario is played out over and over again in our judicial system across the nation. While America has one of the finest judicial systems in the world, sometimes we get it wrong and an innocent person ends up spending time in prison for a crime he or she did not commit. Sometimes an overzealous law enforcement officer does something inappropriate in order to effectuate the prosecution and imprisonment of that person, knowing that that person did not commit the crime.

The reason for the arrest and imprisonment of an innocent person due to police misconduct could be attributable to a number of things including greed, vindictiveness, revenge, or just plain abuse of power. Whatever the reason, we all know that it does happen from time to time.

This is not to say that we have rampant lawlessness in any of our police departments. Our men and women in blue do the thankless job of keeping our neighborhoods safe from crime and should be commended for their bravery in the face of a multitude of dangers and risks of physical harm to themselves. Without the police protecting our communities, there would be anarchy. They are needed to protect our peace, and they deserve our respect and gratitude.

January 1, 2016

Your Right to Counsel is Protected by the Constitution

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

Pop quiz: If suspected of committing a crime such as sexual assault, when should you talk to an attorney, before or after interrogation? Some people charged with a crime think they know the answer to this question, but sadly, many find out too late that they did not.

Police officers are required to advise you of your Constitutional “right to counsel” (Mirandized) before they start questioning you after an arrest. If you state at any time during the process that you want to exercise your right to counsel, the interrogation must stop and you will be permitted to talk to your attorney. If you do not ask to speak to an attorney, the interrogation will continue and anything you say can be used against you during a trial, if any.

There are some crimes that carry with them such a stigma that once accused, the taint sticks whether the accusation can be proven or not, such is the accusation of “sexual assault.” Notwithstanding the fact that there are many actual, provable cases of criminal sexual assault, for instance, the case where the Rabbi admitted sexually assaulting a young boy who was member of his synagogue (see DNAinfo.com), there are far too many where the accusation, without more, becomes the basis for the conviction.

December 30, 2015

Criminal Defense: Illinois’ Self-Defense Laws

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

Multiple murders on the streets of Chicago on any given weekend now seem to be a fact of life. The murder rate in Chicago has increased by 13% since 2013; shootings not ending in death were up 40% during the first three months of 2015. It is little wonder that Chicago residents do not feel safe on the streets, or even in their own homes. (See Chicago Tribune) So do you know your rights regarding self-defense, or defense of your property? If threatened with bodily harm or death, do you have a duty to retreat before defending yourself, or can you “stand your ground”? How much force can you use to prevent a “trespass,” reasonable or deadly? What is reasonable force and what is deadly force, and in what circumstances is it alright to use either?

Answers to These Questions are a Phone Call Away

A little while back, there was a lot of controversy over “stand your ground” laws after an incident that occurred in Florida. An aggressor-turned-victim was killed in an act of assault by another who claimed “self-defense.” This incident created such a fury throughout the nation, partly because of the racial component of the incident, and partly because people began to wonder at what point can they be arrested and tried for murder in a case such as this. States scrambled to take a second look at their “self-defense” laws. New laws were enacted, and some were reviewed and revised to fit the ever increasing violence in our overcrowded urban areas.

November 18, 2015

Felony Murder: When Self Defense is No Defense

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

First-degree murder carries the highest sentence of any single crime in all of Illinois and is subject to the mandatory minimum statute. This means that those convicted are almost guaranteed at least a 20-year prison term, and if a gun is used the mandatory minimum jumps to 45 years. Felony murder is a one type of first-degree murder.

If someone dies during the commission of a forcible felony, those committing the felony can be charged with first-degree murder. You can be charged with felony murder even if the person died accidentally or was killed by someone else, as long as a forcible felony was being committed at the time. Illinois prosecutors have even successfully brought felony murder charges in situations where a co-felon was killed by the police. A forcible felony is defined as sexual assault, robbery, burglary, arson, kidnapping, aggravated battery, and any other felony that involve the use of or threat of physical force or violence.

Self-Defense Claims are Unavailable

October 7, 2015

How Bail is Determined in Criminal Cases

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

When a person is arrested and faces criminal charges that may result in jail time, there is often a lengthy period of time between the initial arrest and the trial. During the time between your arrest and the eventual trial, bail can be posted, allowing you to remain free until trial.

What is Bail?

People post bail by paying money as a guarantee that they will not flee the area and that they will return for the trial. As long as the offender out on bail appears in court for trial, the money is returned. If the defendant does not return to the court, the bail money is forfeited.

September 17, 2015

Three New Criminal Laws in Illinois That You May Actually Benefit From

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

At any given time, thousands of Illinois residents are unable to secure a good job or any job at all, as a result of past mistakes. Even if you have paid your debt to society as a result of a criminal conviction, you may be one of the thousands of Illinois residents who has been relegated to live in poverty, even if you are trying to set your life on the right path. The good news is, three bills recently signed into law by Governor Rauner may address and ameliorate this issue. Read on to see if you may benefit from these new laws, which take effect the first day of 2016. If you think you might benefit, contact us today and let us help you explore your options.

HB 3475

Beginning January 1, 2016, House Bill 3475 expands the list of those eligible to receive a Certificate of Good Conduct and a Certificate of Relief from Disability. If you can show the court that you have turned your life around with clear and convincing evidence, then the court may issue either of these certificates. Such a certificate will go a long way to help you obtain a professional license or other employment, if the crime you were convicted of is one of the included new crimes that allows you to receive either of these certificates. The Law Offices of David Freidberg can help you determine if you may be eligible for one of these certificates.

HB 3149

Beginning January 1, 2016, men and women who have been convicted of certain offenses and who have completed college, have a vocational certificate, or have finished some other educational or vocational training program can request the courts and police department to limit the number of persons allowed to access their old criminal records. In other words, you can ask to have your record sealed much sooner than the law currently allows. The Law Offices of David Freidberg can help you determine if you are eligible to have your record sealed early.

SB 844

The third and final new bill signed into law by Governor Rauner is SB 844. For those who have older convictions, SB 844 allows you to request that the court limit who can look at your old records three years after you complete your sentence (the current law requires you wait four years). Depending on the crime you were convicted of, this new law may even allow your records to be sealed two years after your sentence is complete. Call David Freidberg today and find out if you are eligible to benefit from SB 844.

These bills will breathe new opportunity into the lives of over 1 million Illinois residents whose potential was previously squandered for lack of second chances. Now, people who have made mistakes, served their sentence, and been rehabilitated can move beyond their pasts and into their futures. Continue reading