Weapons Charges

May 31, 2023

Two Charged in Attempted Carjacking

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

The victim in this case shot and wounded one of the suspects in an attempted carjacking. The crime occurred in the 7600 block of Cicero Ave near the Ford City Mall, according to the report. The victim, who was 24, was approached by two suspects, one of whom was carrying a handgun. The suspect allegedly fired at the victim, who produced their own handgun and fired back. Police said the victim was legally authorized to carry a weapon and had a valid FOID/CCL license. The victim is not being charged with a crime in this case.

Self-Defense

In this case, the victim has a valid claim of self-defense since the suspect was found carrying a weapon and discharged that weapon. But not all cases of self-defense are so cut-and-dried. In many cases, a victim can be charged with a crime for discharging their weapon in public or even attempted murder.

May 3, 2023

New Housing Program Helps Those With Criminal Records Find Safe Apartments

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

It is no secret that landlords conduct background checks and will use evidence of a criminal conviction against you when deciding on your application. For this reason, those with criminal records often find themselves in unsafe neighborhoods in need of personal protection. It is also true that those with criminal records are usually not allowed to own or purchase weapons. In some cases, a weapons charge caused their criminal record in the first place. In these cases, it is often because the individual feels unsafe where they live.

Obviously, this creates a feedback loop of recidivism, and Chicago is starting to catch on to the vicious circles that those in unsafe neighborhoods have to endure. Chicago recently unveiled a housing program that allows those with criminal records to find safe apartments. This reduces the pressure to own weapons.

Entering the Vicious Cycle

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.

February 24, 2023

Father of highland Park Shooter Indicted by Grand Jury for Reckless Conduct

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

The father of Robert Crimo III, 58-year-old Robert Crimo Jr., has been indicted on seven counts of reckless conduct after his son went on a rampage that killed seven. Crimo Jr. has been charged with one count of reckless conduct for every death that occurred that day. However, the prosecution has not convicted him yet.

The grand jury process allows prosecutors to present a case without the defense present. Ultimately, a grand jury is composed of individuals who have only heard one side of the story. The effort is an attempt to convince the public that the effort of a trial is warranted. It shows the public that individuals hearing the complaints against the defendant agree with the prosecution’s interpretation of events. The grand jury voted to indict Crimo Jr. on seven counts of reckless conduct. Each charge carries a maximum sentence of three years, leaving Crimo Jr. vulnerable to a maximum 21-year sentence.

Is Crimo Jr. Responsible for His Son’s Conduct?

December 21, 2022

Father of Highland Park Suspect to Face Charges for Sponsoring Gun License

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

The father of Highland Park shooter Robert Crimo III will face seven counts of reckless conduct after sponsoring his son’s gun license. Robert Crimo Jr. surrendered himself to police after the charges were announced. Only an individual can face a crime related to reckless conduct. The government, of course, would never file charges against itself for authorizing the license to Crimo III. However, that is exactly what happened.

The prosecutor for the state told the press that parents are in the best position to determine whether or not their child should have a gun. However, this is equivalent to shifting the responsibility of licensing to the parents and away from the government. It would be an admission that the licensing process does not work and relies entirely on parents to determine if their children should be allowed access to weapons. In this case, the boy was 19 when his gun license was sponsored.

Analyzing the Prosection’s Arguments

December 2, 2022

Feds Ask for Five Years in Straw Purchase Case of Gun Used to Murder Cop

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

Federal prosecutors are asking the court to impose a five-year sentence on the straw purchaser who purchased the weapon that killed Chicago police officer Ella French. The defendant has already pleaded guilty to a federal weapons charge for unlawfully purchasing the weapon and then distributing it to an unauthorized buyer.

The recommended sentence for unlawfully purchasing a weapon is two years. However, federal prosecutors noted that the weapon was used to kill a peace officer. The stakes of the case, therefore, fall well outside the standard set of facts typical of a straw buyer prosecution. In other words, the conduct is worse than you would see in a standard straw purchaser case. The government, therefore, wants the court to impose a longer sentence than the two-year recommended sentence. The defendant could be sentenced up to the statutory maximum for the crime.

Straw Purchasing Crimes

October 26, 2022

No Criminal Charges for 17-Year-Old After Accidental Shooting Death

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

Police have elected not to press charges against a 17-year-old boy who accidentally shot and killed an 8-year-old boy while handling a gun. In cases like these, it is often the gun owner who faces charges for failing to properly secure the gun in a locked safe unloaded as the law requires. However, no one will face charges related to this incident. In some cases, the outcome of an event is tragic enough that the law does not see fit to punish those responsible further. In this case, the gun should not have been accessible to the 17-year-old, and it should not have been loaded.

Is it Illegal to Improperly Store a Gun?

Yes, but the penalties for this crime are closer to a traffic violation than an actual crime. You can face a $10,000 penalty if a minor gains access to your gun and harms themselves or someone else. Generally speaking, you can also face civil penalties related to injuries suffered by a victim of an accidental gunshot wound.

September 28, 2022

Chicago Man Charged With Weapons, Drug Violations

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

A Chicago man is facing federal charges of unlawful possession of a weapon, unlawful possession of controlled substances, and the use of a weapon in the furtherance of a drug trafficking crime. The defendant was stopped on the CTA Green Line when the weapon and drugs were found. Since the defendant has a previous felony on his record, it is unlawful for him to possess a firearm.

However, the grand jury announcement and arrest report fail to note how the police became aware that the man was in possession of a weapon. What probable cause did they have to search the man in the first place? At this point, it is completely unclear how police became aware that this particular individual was in possession of contraband and illegal weapons.

When this information is not provided in an indictment report, it is likely to become the subject of a probable cause hearing. Generally speaking, police have little cause to approach an individual aboard a train or in a station and demand that they subject themselves to a search. So chances are good here that the defendant has a functional probable cause defense. If he does not, then he is going to have to face these charges and likely be convicted. His freedom thus hinges on how the search was conducted and whether or not the police had probable cause to initiate the search.

September 9, 2022

Going After the Gangs

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

In September of last year, Chicago police announced they were “going after the gangs” in an apparent bid to reduce crime. However, it is now a year later and the number of shootings and gang-related violence has yet to dwindle. Police Superintendent David Brown said that he wanted it well known, the Chicago police will be going after the gangs. He also mentioned that they would be doing it Constitutionally and without violating anyone’s rights.

Gang violence remains a major problem in Chicago and across the U.S. with gangs handling drug and weapons trafficking and becoming involved in an increasing number of identity thefts. Police struggle to keep up with the problem largely because they have lost control of the territories they patrol. This is not a new phenomenon. The birth of gangs in the U.S. relates to under-policing in certain districts. Instead of paying police for protection out of your tax dollars, you pay gangs for protection. The gangs identify and eliminate potential threats to the community. However, remaining solvent over the years has proven troublesome and the public does not trust the police enough to protect them if they provide information. In terms of hearts and minds, police have lost that battle largely due to abuses committed over the years by Chicago police officers who would have been happier operating out of gangs than within law enforcement. The following are some of the structural problems that allow gangs to thrive in cities.

Hearts and Minds

September 7, 2022

Chicago Contributes 14% of the Nation’s Shootings Over Labor Day

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

With problems concerning “progressive prosecutors” now a major wedge issue in the political arena, you should expect to hear about the weekly number of shootings and murders in Chicago regularly. Are we really that bad, though? What about NYC and Los Angeles? How many people got killed there over the weekend?

Before we answer that question, it is important to understand that Chicago has its own unique problems and these comparisons are never as useful as they seem. However, it appears that Chicago will win the Labor Day contest as to which city contributed the most casualties to the weekend. In most cases, these attacks will be targeted and gang-related. In some cases, stray bullets will hit unintended targets. In other cases, disputes erupt in public that are solved with bullets.

How are Other Cities Doing With Gun Violence?