Criminal defense

September 1, 2023

Chicago Prosecutors Drop Cases That Relied on Officer Accused of Perjury

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

Chicago prosecutors are dropping cases that relied on a Chicago police officer’s testimony after that officer was accused of perjury. The officer testified that his girlfriend had stolen his car in order to get dozens of traffic tickets against him dismissed. The officer is accused of perjuring himself 44 times in a bid to get traffic tickets dismissed. The tickets involved running a red light, speeding, and parking violations.

Perjuring yourself under oath is considered a criminal act. But more so, any defense attorney who tried a case involving the officer would bring up the fact that he was willing to lie under oath. In many cases, the facts of the case rely entirely on an officer’s testimony. Since the officer is no longer considered a reliable witness, this places the cases involving his testimony in peril. It could also result in appeals for convictions in which the case hinged on his testimony.

An assistant state’s attorney has declined to pursue seven cases in which the officer made the arrest. Some of these cases dated as far back as 2021. The assistant state attorney offered no reason for refusing to pursue the cases, but defense counsel made mention of the officer’s credibility problems.

August 30, 2023

Chicago Supreme Court Rules Ending Cash Bail is Constitutional

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

The Illinois Supreme Court recently ruled that one of the provisions of the SAFE-T Act that would end cash bail is constitutional. The decision will allow Illinois to become the first state in the country to end cash bail. Instead of cash bail, judges will have the ultimate discretion on whether or not an individual is released from prison prior to their case.

Gov. Pritzker signed the SAFE-T Act into law the previous year. This one provision, whether or not to eliminate cash bail, was thwarted by the courts. The issue boils down to fairness. In many cases, an individual could be held in jail on charges that they could later defeat in court. However, if they could not afford to pay their bail, it acted as leverage for prosecutors to coerce a guilty plea out of them. In other words, they were held in jail until they pleaded guilty to the charges, and if they refused to plead guilty, they would remain in jail until a trial could be scheduled. This created an unfair situation for the poorest defendants who could not bond out of jail.

The provision is known as The Pre-trial Fairness Act. It was among the most controversial aspects of the bill. The cash bail provision was set to go into effect on January 1 of this year. Several prosecutors and sheriffs, however, filed cases in an attempt to halt the act. The provision was thus suspended until the cases could be heard by another court. The case made it all the way to the Illinois Supreme Court before the provision was passed in a 5-2 vote.

August 23, 2023

Chicago Woman Charged With Emailing Death Threats to Donald Trump

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

A Chicago-area woman is facing charges of emailing death threats to former President Donald Trump. She also mentioned his son Barron in the threat. The 41-year-old defendant is accused under federal law of transmitting threats to kill or injure, according to the U.S. attorney’s office here in Chicago.

According to federal authorities, the defendant sent the following message: “I will state that I will shoot Donald Trump, Sr. AND Barron Trump straight in the face at any opportunity I get!” She emailed this statement to the head of an educational institution in the Palm Beach, Florida, area.

Understanding the Law

August 18, 2023

Chicago Police Officer and Sister Convicted of Charges Stemming From January 6th

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

A Chicago police officer and his sister have been convicted of several counts related to the January 6th riot at the Capitol. The officer was convicted of entering or remaining in a restricted building, disorderly conduct in a restricted building, disorderly conduct in the Capitol building, and parading, demonstrating, or picketing in the Capitol building. The jury acquitted the police officer of another crime. He was accused of entering the office of Democratic Senator Jeff Merkley.

He is one of several individuals who have been charged with serious crimes related to the January 6th riot. The most serious charges have been filed against those who either attacked Capitol police that day or organized the event to storm the Capitol building during the swearing-in of incumbent President Joe Biden.

18 Years for Stewart Rhodes

August 9, 2023

Jury Foreman Claims He Regrets Finding Defendant Guilty

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

A 20-year-old juror says that he could not sleep after convicting a defendant of being an armed habitual criminal and battery of a police officer. He later called the conviction a “cover-up.” Nonetheless, the defendant was convicted and will go to jail, though he may have grounds for an appeal.

An altercation between the defendant and the police officers occurred after the defendant ran into an apartment complex. The defendant was on probation for a drug-related crime and subject to a curfew. Police followed the defendant into the apartment complex and fired on him. They claimed he had a gun, a fact which the defendant denied. The prosecution failed to present fingerprint evidence tying the defendant to the gun.

It remains unclear why the juror voted to convict the defendant when he clearly believed that he was innocent. However, it gives you a sense of how our jury system works and why, sometimes, defendants are convicted based only on the say-so of the police.

August 2, 2023

As Gun Possession Arrests Double, Shootings Remain High

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

Renewed focus on weapons charges is producing interesting, if disappointing, results. While arrests have doubled for possession of weapons charges, shootings remain high and frequently result in no arrest. The problem is that the majority of these arrests are targeting Black men but have not resulted in an overall reduction of violent crime.

The race to get guns off the street ensures that police officers will use any potential pretext as a reason to search suspects. This can include innocuous traffic stops for tinted windows, the smell of weed, or a bulge in a fanny pack. Police believe that every gun recovered is a potential life saved. But lives are also destroyed in the process. However, the majority of weapons-related charges involve allegations of possession and not use. Violent crimes involving guns remain difficult to solve, and police have overwhelmingly charged Black men with weapons violations. Even as the number of possession-related arrests doubled, the number of violent crimes involving guns escalated over the same period.

Statistics on Gun Possession Charges

July 28, 2023

Chicago Man Charged With Five Counts After Leading Police on High-Speed Chase

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

A Chicago man is facing five charges in Racine County after leading police on a high-speed chase. He is charged with reckless endangerment, grand theft of an automobile, unlawful possession of a firearm, and felony counts of attempting to elude police officers.

According to police, a deputy observed a white Infinity Sedan speeding on the I-94. The deputy began to pursue the vehicle, and road spikes were used to deflate the suspect’s tires. The vehicle began to lose one of its tires as it attempted to exit the highway. The suspect crashed the vehicle outside of a business and then began to flee on foot. The chase lasted for 16.7 miles reaching a top speed of 135 mph.

Deputies apprehended the suspect and searched the vehicle finding a handgun with an extended magazine on the floor of the passenger side of the vehicle. According to the complaint, there was one bullet in the chamber and another 18 in the magazine. The suspect did not have a valid concealed carry permit.

July 21, 2023

Two Face Charges After Chicago Officer’s Son Shot During Robbery

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

Two teenagers are facing charges after a Chicago police officer’s son was shot during a robbery. An 18-year-old and a 17-year-old allegedly held up a 22-year-old man at gunpoint at 1:48 am. The 17-year-old is alleged to have shot the victim, who turned out to be the son of a Chicago police officer. The victim was seriously injured in the attack. He is now listed in fair condition after sustaining a gunshot wound to the chest. Both men have since been arrested and charged with two counts of attempted robbery with a firearm, one count of aggravated battery, and one count of attempted first-degree murder.

Robbery With a Firearm

Robbery is a theft crime but also a crime of violence. To prove robbery, the prosecution must establish that the defendant threatened the victim with force or actually used force in an attempt to take the victim’s belongings. In this case, the two used a gun to threaten and then shoot the victim. Robbery is considered a class-2 felony under Illinois and has a typical sentence of three to seven years.

July 19, 2023

Man Faces Federal Charges for Possession of a Pipe Bomb

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

A Marissa, IL, man is facing federal charges for constructing a destructive device (a pipe bomb). According to police, the man intended to use the pipe bomb to blow up his former wife’s vehicle. He admitted to lighting the device and throwing it at people who confronted him inside his trailer park in April. The device, however, failed to detonate. A second suspicious device was also located inside his trailer.

Possession of an unregistered destructive device is a federal crime punishable by up to 10 years in federal prison.

Possession of an Unregistered Destructive Device

July 14, 2023

Chicago Man Charged With Carjacking

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

A Chicago man has been charged with carjacking from an incident that occurred last March, according to a recent press release. The incident occurred in Mount Prospect, and Mount Prospect police initiated the arrest. According to the report, the incident occurred at 11 p.m. on March 19, 2022. A white Hyundai Santa Fe was stolen in the 1800 block of North Burning Bush Lane. The vehicle was recovered in Chicago three days later and was towed to Mount Prospect police headquarters. A stolen license plate was found affixed to the vehicle. The suspect was apprehended after fingerprint analysis on the license plate matched the suspect’s. The suspect’s bail was set at $200,000.

Vehicular Hijacking Charges

With the rise in carjackings all across the nation, authorities have been cracking down and filing charges against suspected carjackers. The State of Illinois takes carjacking very seriously. It is punishable by a sentence of either 4 to 15 years or when conditions can be considered aggravated, a term of 6 to 30 years. In some cases, carjacking charges can have enhancements that include the possibility of life in prison.