Chicago Criminal Lawyer Blog

September 28, 2018

What are the Traits of a Strong Criminal Defense Attorney?

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

The minute you are charged with a crime in Chicago, your rights are in jeopardy. You might be facing decades in prison or thousands of dollars in fines. Either way, you will want to do everything possible to begin building a defense to the charges levied against you. If you have never been charged with a crime before, you likely will not have an attorney in mind to call. This first step in the defense process is arguably the most important one. You must pick the right criminal defense attorney. Let us take a look at the traits of a strong criminal defense attorney in this post so you know what to look for when you need a lawyer.

Ability to Research

Research is one of the most important keys to defending against criminal charges. When an attorney has a strong ability to perform excellent research, you will notice how in-depth they dive into your case. Research involves more than just scouring the internet, putting your nose in a book, and interviewing witnesses. Attorneys who know how to research will know where to turn to find the answers they need, no matter where they have to look or with whom they need to speak.

September 26, 2018

An Overview of Illinois Kidnapping Laws

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

Kidnapping is a serious crime in the United States that is most often defined as taking someone against his or her will to another location or holding that person in a controlled environment. It is possible that in some instances there must be an illegal activity associated with the act of kidnapping, in order for charges to be filed, such as extorting the victim or a relative or facilitating another type of crime. There are also times when parents have been charged with kidnapping their own child, especially if they do not have primary physical custody of the child. Today, we will take a look at kidnapping laws in Illinois and throughout the country.

Federal Kidnapping Laws

Federal kidnapping laws govern this crime all across the United States, not just in one state or another. This means that being charged with kidnapping in Chicago can come with federal charges if the crime meets the federal requirements. The federal laws governing kidnapping make it a serious felony charge that could result in up to 20 years or more in federal prison. The sentence issued for a federal kidnapping case depends on the prior record of the defendant and other circumstances surrounding the crime.

September 21, 2018

What are the Causes of Domestic Violence?

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

Domestic violence is a serious problem that affects thousands of people each year in the Chicago area. It is a crime that comes with hefty fines and lengthy probation or jail time. When you are involved in a relationship that could wind up ending in a domestic violence incident and charges, you need to know what the common causes might be. The following will outline the causes of domestic violence so you are aware of your actions and prepared for what is to come if ever charged with this crime.

Control

One of the most common causes of domestic violence is that of control. When one person in a relationship needs to have control of the other, it can wind up leading to domestic violence. Control can include needing to know the whereabouts of the other person, whom they talk to, whom they are allowed to hang out with, where they can go after work, and so much more. Abusers often feel a need to control the other person due to low self-esteem, issues with jealousy, feelings of inferiority, problems with anger, and many other emotional issues.

September 19, 2018

An Overview of Prostitution Charges in Chicago

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

As many people know, prostitution is the act of engaging in some form of sexual activity in exchange for money or another item that has value. As many people also know, prostitution is illegal just about everywhere you go, and Chicago is no exception. A person is considered to have committed prostitution when he or she willingly engages in such an act, willingly accepts payment, and agrees to engage in any act related to or that can be considered prostitution.

Who can be Charged with Prostitution?

There are a few different people who can be charged with prostitution when a situation such as this arises. For the most part, there are usually three people involved in an act of prostitution – the prostitute, the customer, and the third party (pimp). Not all three will be discovered in the same location as the pimp is usually not with the prostitute when the crime occurs. But, some pimps are so widely known that law enforcement will be able to pinpoint which pimp the prostitute works for in the area.

September 14, 2018

Common Defenses to Second Degree Murder Charges

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

When faced with a murder charge in Chicago, you have options. You do not have to immediately admit to the crime. You also do not have to take your chances with a jury to see if it will convict you. Murder is a serious charge, if not the most serious charge, so you need to have a skilled criminal defense attorney by your side to craft a strong defense to the charge. Today, we will examine the common defenses to second degree murder charges so you can fight for your freedom.

Claim Insanity

You have likely heard it on the news before and it might be a good defense for you to attempt if charged with second degree murder, and that is to claim insanity. Even if claiming insanity is permitted in your jurisdiction, it does not mean that it will clear you of the responsibility associated with second degree murder. You could be issued a guilty verdict with mental illness attached to it, which means you still knew what you did was wrong. In other jurisdictions that permit full insanity, if you can prove your mental illness, then you will not be held accountable for the crime.

September 12, 2018

What are the Traits of a Strong Criminal Defense Attorney?

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

Facing a criminal charge in Chicago can ruin your life if you do not know where to turn. Relying on the public defender will not always put you in the best situation. You need to consult with an experienced private criminal defense attorney so you can best fight the charges levied against you. Working with a criminal attorney who is experienced with the crime you have been accused of committing will help you build a defense that can lead to the charges being either dropped or reduced. Let’s examine the traits of a strong criminal defense attorney so you know what to look for when choosing an attorney to represent you.

Experience That Speaks for Itself

One of the first things you need to look for is the attorney’s experience. It is understandable that an attorney has to start his or her career somewhere, but do you want it to be with your case? Now is not the time to risk your freedom just to give a newly minted attorney a shot at winning his or her first case. The strongest criminal attorneys will have a track record that speaks for itself.

September 7, 2018

What Happens if I Violate Probation?

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

It can be very difficult for someone to live while on probation. Probation is issued to those who are charged with a crime but wind up not being sentenced to jail time. Probation is also issued to people who are released from jail ahead of their sentence being completed. A violation of probation can be problematic for the person serving it. Let’s take a look at what happens if you violate your probation so you can be prepared for what is to come.

Violation is Not Discovered

It is entirely possible that you could violate the terms of your probation and have it go undiscovered by the prosecutor assigned to the case. If this is the case, the prosecutor will not be able to file a motion to revoke your probation, which would send you back to jail or to jail for the first time. It is not uncommon for this to happen based on the terms of your probation and what is considered a violation. Even though this is possible, you should still adhere to the terms so you do not risk going to jail.

September 5, 2018

What Crimes are Considered Violent?

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

Violent crimes occur just about anywhere, but they most often occur in the city. Chicago is no exception. Being charged with a violent crime can force you to put your life on hold, especially if you are convicted and sentenced to time in prison. The minute you are arrested and charged with a violent crime, you need to contact an experienced criminal defense attorney to begin fighting for your freedom. Let’s take a look at the crimes that are considered violent:

Domestic Violence

Quite possibly one of the most common types of violent crime is that of domestic violence. Domestic violence is when one person uses behavior, language, and threats in an attempt to control or intimidate someone else. It most often occurs between family members, such as parents and adult children, siblings, spouses, partners and anyone living together. You do not technically have to be married to be involved in a domestic dispute. You do not even have to be living together. You could be divorced, separated, or dating.

August 31, 2018

Charged with Kidnapping? Use These Defenses

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

Are you facing kidnapping charges in the Chicago area? Are you worried that the charges will land you in jail for a long time? Regardless of your situation, the best thing you can do when charged with kidnapping is hire a criminal defense attorney immediately. An experienced lawyer will be able to evaluate your case and provide you with an honest assessment. An experienced lawyer will also be able to help you build one of the defenses to kidnapping charges outlined below.

The Victim Gave Consent

One of the most common defenses used against kidnapping charges is that the victim actually gave consent. This means that the person who went with the alleged kidnapper originally did so because he or she wanted to do so. At some point during their travels the ‘victim’ decided that they no longer wanted to be with the kidnapper and became fearful, regretful, or angry. This is usually what then leads to the claim of kidnapping and the subsequent arrest and charges filed.

August 29, 2018

Common Defenses to Theft Charges in Chicago

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

Facing an arrest and charges of theft in Chicago is never an easy situation. Whether this is the first time you have been arrested or you have gone through this before, it never gets easier. You might have to face a different judge or have your case handled by a different prosecutor. Either way, there are defenses available to you to fight the theft charges so you do not simply have to give up your freedom and spend time in jail.

Right of Ownership

One of the most commonly used defenses to theft charges is right of ownership. You can not simply tell the judge that you thought the item belonged to you and hope that this will work in your favor. You will need to provide some sort of evidence that proves it makes sense that you would believe the item you took belonged to you. This can be an invoice, receipt, warranty, owner’s manual, or any other piece of evidence that proves you either own the property or that you believed you owned the property.