Criminal defense

June 21, 2023

Illinois Considers Expanding Program for First-Time Weapons Offenders

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

Governor Pritzker is considering expanding a program that allows first-time offenders to erase charges related to weapons possession. The law allowed those between the ages of 18 and 20 to participate in a program that, if successfully completed, would erase the charges from their record. The initiative is part of a broader effort to ensure the employability of young men in the Chicago area and across the state.

The First Time Weapons Offender Program was passed in 2017 by a Democratic-controlled Congress as a five-year experiment. The program was extended again on a one-year basis, and now, it could be extended yet again. The new legislation would remove the age limit, shorten the probationary period, and allow the initiative to continue indefinitely. Thus far, however, the Governor has not signed the bill into law, so, as of now, the old provisions still remain on the books.

Eligibility for the First-Time Weapons Offender Program

June 7, 2023

Illinois Vehicle Stop and Search: Know Your Rights

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

Police stop and search vehicles every day in Illinois. If your vehicle is stopped and searched by law enforcement, it may be difficult to determine whether or not your rights were violated. Vehicle stops and searches in Illinois are based on the Fourth Amendment of the US Constitution, search warrants, and the plain view doctrine. Each stop, search, and encounter with law enforcement is unique and fact specific.

Lawful Vehicle Stops

A police officer may stop a car if they have reasonable articulable suspicion of criminal activity. For example, if an officer observes a driver violating a traffic law, they may lawfully stop the vehicle. Some law enforcement roadblocks, such as DUI checkpoints, may also constitute a lawful stop. If stopped, you are required by law to provide your driver’s license, vehicle registration, and proof of insurance. However, the lawful stopping of a vehicle does not grant the officer an automatic right to search your vehicle. Without probable cause (subject to a few exceptions), the officer will need your express permission to search your car. Your permission must be voluntary, or without any type of coercion.

May 24, 2023

Chicago Man Charged With Using Snapchat to Solicit Sexual Videos

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

A Chicago man has been charged with using the popular social media platform Snapchat to solicit sexually explicit videos from minors. This is not a unique case, as those charged with sexual predation often use the internet to find victims. It is, however, illegal to attempt to solicit sexual photos and videos from individuals that the perpetrator knows are underage. The key here, however, is what the perpetrator knew at the time.

For that reason, when law enforcement approaches an individual that they believe is using social media platforms to sexually exploit children and teenagers, they have to tell the suspect what their age is. In these cases, they can establish that the individual was targeting someone they knew was a minor. It is not illegal, only unseemly, to ask women over the age of 18 for sexually explicit content.

Analyzing Sexual Exploitation Prosecutions

May 19, 2023

36-Year-Old Faces Hate Crime Charges for Defacing CTA Sign

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

A 36-year-old man is facing hate crime charges after writing a racial slur on a public CTA sign. While this may seem like it falls under the banner of free speech, and there are those who want it to fall under the banner of free speech, defacing anything that does not belong to you is considered a property crime in every state in the country. Further, the law makes room to criminalize speech that is used purely for the sake of intimidation and/or falls under the banner of civil rights protections. In this case, defacing a public sign for the purpose of intimidating people of color, people who practice other religions, or gender non-conforming people is a crime in Illinois and under federal law.

Police observed the man using a Sharpie to write something on the sign. According to the allegations, the man wrote “Black line” and then added a racial slur, according to police.

Typically, in a situation like this, the police would report what the racial slur was. In this case, they have not, but we can guess. It then becomes a matter of proving that the individual did indeed use a racial slur or was likely to complete a racial slur if given a chance. However, if police interrupted him in the middle of writing the racial slur, then he may still have a viable defense to the hate crime charges.

April 26, 2023

The Fear/Rage Dopamine Loops and Crime Journalism

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

Facebook is being sued in almost every country over concerns that its algorithm harnesses the worst emotions that humanity has to offer and then rewards them for it. This is resulting in reports of genocide in Myanmar, deaths of teenagers, families destroyed by fake news, and a general feeling of hatred toward our fellow Americans. It may not be so much that Americans like this information or like feeling this way, as it is a matter of belief that this information makes them part of a special elect few who have their finger on the pulse of the American heartbeat.

How Does Your Local News Cycle Work?

Essentially, everything you need to know about your news cycle can be gleaned from the movie Nightcrawler. In the movie, an unlikeable protagonist fulfills his dream of becoming a vulture by getting a live feed of newsworthy events. By the end of the movie, he is creating events to film and getting rich off of these created events. While this is unlikely to happen in real life, the fictional space that the movie creates allows us to see how that would work.

April 14, 2023

Are Drug-Sniffing Dogs Legal at a Traffic Stop?

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

Just seeing a drug-sniffing dog can be nerve-wracking, and having one sniff your body, compound, car, or belongings can feel like an infringement on your privacy. These dogs are a common sight in airports and functions such as festivals where large crowds of people gather to have fun.

Apart from airports and music festivals, you might have seen these dogs at a traffic stop and wondered if it was legal for the police to have them there.

The Case of Illinois V. Caballes

April 5, 2023

Should You Represent Yourself in Court?

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

You have been charged with a crime, and you have been summoned to court. Whether it is a traffic violation, a misdemeanor that resulted from a bar fight, or even a low-level drug possession issue, attorney representation can be a significant expense. Now, you are attempting to decide whether you can manage your defense on your own without hiring a lawyer.

Those that represent themselves in legal proceedings on their own behalf are referred to and appear as “pro se” litigants. While most persons do not have real-time courtroom experience—especially as a defendant—many feel that they have gained valuable knowledge from movies and TV shows and therefore understand courtroom mechanics. Possibly the most famous pro se litigant was Robert Kearns, the inventor of the intermittent windshield wiper who prevailed in court against the giant Chrysler corporation. If someone like the non-legally trained engineer Kearns could be successful in a big-time courtroom setting, why not skip the lawyer expense and handle your case yourself?

Pro Se Representation Advantages

March 30, 2023

FBI Uses “Cop City” Protests to Surveil Activists

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

The “Cop City” protest group in Atlanta involved recruitment and awareness efforts in Chicago via a Twitter account and group meetups. In this case, the activists were opposed to the destruction of a public park and an 85-acre urban forest in Atlanta that was earmarked for use as a police training center. The area was thenceforth known as “Cop City.”

The activism efforts spooked the FBI even though there was no evidence that the group did anything more than raise awareness about the destruction of an urban forest and hold meetings to discuss social and environmental issues. Nonetheless, the FBI snooped on the activists and dedicated federal funds to the effort of stopping “anarchist extremism.”

Documents, which failed to indicate anyone in the group did anything illegal, characterize the individuals as “violent anarchist extremists” and “violent environmental extremists,” but there is no evidence to buttress those allegations.

March 22, 2023

Teen Charged After Kia Joyride Injures Two Officers

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

A Chicago teen is facing criminal charges after stealing a Kia at gunpoint and taking it on a joyride. The vehicle eventually crashed into a police car and spun out into a parked car. The three teens inside the vehicle took off in different directions, but police were able to apprehend each of them. One of them had a gun. The victim was a 16-year-old girl. The suspect has been charged with armed robbery and criminal trespass to a vehicle. Both officers injured in the crash are expected to make a full recovery.

This particular teen will be charged as an adult. Charging documents have already taken off many of the worst allegations that can be made. The law likes to give 17-year-olds a chance to rehabilitate their lives. Unfortunately, prison is not the place for that. However, when it comes to 17-year-olds who commit violent crimes, most jurisdictions will pursue adult charges.

However, Chicago is once again in a swing toward “tough on crime” politics as news of crime draws criticism from the public.

March 15, 2023

Michigan Prosecutors Advance Charges Against Parents of School Shooter

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

Michigan prosecutors are attempting to advance charges against the parents of a school shooter, claiming that the parents “should have known” that the boy had psychological problems due to his fascination with guns and disturbing drawings.

The idea that we all have the same set of values regarding weapons and horror art is not a smart position to take. Ultimately, the prosecutors need to convince a jury that parents would ultimately consider it within the realm of possibility that their child would commit a mass shooting. Parents rarely ever consider this. We will never know how many mass shootings were stopped by parental intervention, but it happens frequently enough to know that these parents are just as blindsided as the rest of society when their child commits an atrocity.

These parents are not getting a sick sense of satisfaction over the knowledge that their child is going to prison forever. They are devastated and their lives are ruined.