Chicago Criminal Lawyer Blog

March 4, 2016

High Profile Cases and the Media

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

High profile cases usually get a lot of attention in the media. Sometimes, media attention can advance the cause of justice, and sometimes it can inhibit it. When a case is tried in the court of public opinion, facts are sometimes ignored and emotions become the measuring rod for “guilt or innocence.”

There have been a few high profile cases that have garnered such media attention, both past and present. But in this century there is one particular case that has received the most attention.

One infamous high profile case comes to mind, The State vs. O.J. Simpson. Twenty-five years ago, Nicole Simpson and Ron Goldman were brutally murdered at Nicole Simpson’s home in Brentwood, California. Attention focused on one particular suspect, Nicole’s famous ex-husband, O.J. Simpson. Simpson was arrested and charged with the murders, and the case gained immediate media attention due to Simpson’s celebrity status.

March 2, 2016

Chicago Gangs: a View From the Past

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

Gang violence is nothing new in this country, from New York City, to Chicago, to Las Vegas and beyond, criminal gangs and gang violence has left its mark on American society.

The era of the Italian Mafia is one of the most notorious periods in American history. The Mafia, whose criminal activities back in the twenties, thirties, and forties were so glamorized in Hollywood movies crime families like the Capone “Outfit” and the Genovese crime family became a part of Americana. Who has not seen movies such as the 1931 movie “Little Caesar” with Edward G. Robinson, and the 1931 movie “Public Enemy” with James Cagney?

The organized crime street violence of the 30s reached a climax with the now infamous St. Valentine’s Day Massacre orchestrated by Al Capone, which led to the slaughter of seven members of a rival gang. One of the men shot during the raid, found still alive, refused to name those that committed the crime. He died moments later without “snitching” on the person or persons that killed him. See History.com

February 26, 2016

Blighted Neighborhoods in Chicago and High Crime

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

In an effort to eradicate crime in the urban city of Chicago, the city officials are demolishing abandoned buildings that are magnets for drug users and drug dealers. The buildings targeted for demolition are known hangouts for gangs and drug dealers. Residents of the neighborhood have been asking Alderman Carrie Austin for years to get the city to take down these buildings. Happily, now, the city is listening to the neighborhood residents.

The Demolition of Buildings in Blighted Neighborhoods

The Chicago Police Department and the Department of Building and Safety have started demolishing the building structures located in the West Pullman neighborhood. Mayor Rahm Emanuel says that these demolitions are necessary to fight gang violence and crime in the area. Chicago has torn down at least 14 structures and boarded up about 400 buildings so far. The structures being targeted for demotion are those that are located in high crime areas, those that have absentee owners and those that have no possibility of being repaired. See abc7news for more on this story.

February 24, 2016

Crime and Punishment

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

The story of the defrocked priest, Daniel McCormack is back in the news. This time, because the prosecution has decided to drop the sexual assault charges against him stemming from a 2005 case involving the abuse of a then 10-year-old boy. In this case, the prosecution was seeking to have McCormack declared a “sexually violent offender.” If successful, the prosecutors would have been able to have McCormack removed indefinitely from society.

The Crime

Since the 1980s there have been a number of accusations involving the Catholic Church and its priests concerning alleged sexual misconduct and cover-ups. These cases started coming to light as now adult victims began to recount incidents of abuse, at the hands of these priests, that happened to them when they were children. The allegations of cover-up by the Catholic hierarchy permitted these priests to continue with this conduct, unabated for many years, by moving the abusive priests from one parish to another, allowing for the continuation of the abusive behavior. See BishopAccountability.org

February 19, 2016

Sealing Your Criminal Record if Expungement is Not Available

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

If you are not eligible to have your records expunged, what are your options? If you have multiple arrests and convictions, or if you have been convicted of certain Class 3 and Class 4 felonies, you are also not eligible for an expungement of your record. But all is not lost. There is another alternative to expungement of your criminal record, and that is “sealment.” Seek the advice of an expert criminal attorney to find out if you are eligible to have your criminal record sealed if an expungement is not available to you.

Sealing Criminal Records Under the Illinois Criminal Identification Act

Currently under the Illinois Criminal Identification Act, certain records of felonies can be sealed from public scrutiny. Unlike “expungement,” sealed records are not destroyed, they still exist but they are not available to the public. Law enforcement entities, such as the courts and police precincts will still have access to your sealed records. There is an attempt by the Illinois House to expand the Sealing Laws of Illinois. House Bill 5723, if passed, will expand the types of criminal records eligible to be sealed.

February 17, 2016

Expunging Your Record After a Conviction

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

You have done the crime, you have done the time, and now you would like a fresh start. Your question is “Is it possible?” Is there any way to close that chapter of your life and have a fresh start without a criminal past dogging you? The answer is “Maybe.”

A more comprehensive response to this question depends upon whether or not this was a first time offense, whether the level of the criminal charge filed against you was for a felony or a misdemeanor, whether the case has been disposed of (i.e., conviction, acquittal, probation, etc.), and how long ago.

For the most part, expungement and sealing are available to clear the records for certain criminal offenses. Illinois has enacted legislation that is designed to expunge and seal criminal records for crimes committed within the state of Illinois and that fall under the state’s jurisdiction. However, expungement and sealing are not available for minor traffic violation cases such as speeding tickets.

February 12, 2016

Serial Stowaway Apprehended Again

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

We have heard of serial killers, those mentally crazed individuals that satisfy their urge to take the life of another, for no reason at all. We have serial burglars that break and enter homes, warehouses, and any place where they will find the property and valuables of another. We have serial sex offenders who stalk and attack (usually women and children) to satisfy their urges to assault someone. But now there is a very unusual serial criminal perpetrator who commits her crime to satisfy her urge to “travel.”

We Have a Serial “Stowaway”

The serial stowaway who has been making a name for herself over the past several years is Marilyn Hartman whose love of travel; love of attention; or something else, makes her sneak aboard flights again and again. Ms. Hartman has made approximately thirteen known failed attempts to board flights without a ticket, and has succeeded at least twice; once on a flight from Minnesota to Jackson, Florida; and on another flight from San Jose to Los Angeles, California. She also has made three failed attempts within a six day time frame to board a flight to Hawaii. See dailymail.co.uk.

February 10, 2016

First Degree (Capital) Murder Laws in Illinois

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

In all jurisdictions, first degree murder is the most serious of homicide crimes that one can commit. The prosecutor in a “first degree” murder case must show, beyond a reasonable doubt that (1) one individual killed another individual, “without justification”; (2) that the individual intended to kill or do great bodily harm to the victim; (3) that he or she knew that the actions would or could produce such bodily harm that may result in death; (4) that the individual killed the victim while in the process of committing a felony (except the lesser included second degree murder charge).

In Illinois, the penalties for first degree murder often depends on who the victim was and any circumstances surrounding the murder. But under no circumstances will the penalty result in the death penalty. The death penalty for all intents and purposes has been abolished in Illinois. Illinois courts will often request a separate sentencing hearing after the defendant has been found guilty, in order to consider any aggravating or mitigating circumstances.

The Death Penalty for First Degree Murder Has Been Abolished in Illinois

February 5, 2016

Campus Crime in America, How Bad is it?

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

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When we send our little darlings off to college, the last thing we want to worry about is whether they become a victim of a crime while at school. How can we be sure that we are sending them to a university where they will be safe? What should we be looking for when we are assisting them in choosing the right college; a college that we feel will not only give them a good education, but that will also provide them with a safe environment for the next four years of their young lives? The Law Street is a resource guide providing campus crime rankings for colleges and universities, as well as a comprehensive view of what parents and students can expect from the various campuses listed.

According to Law Street, all post postsecondary institutions that receive any form of federal financial aid for their students must monitor and report to the Department of Education any criminal activities on their campuses. This data is then published by the Department of Education every year in order to help colleges and universities understand the safety challenges that they face. It also provides a valuable research tool for families looking for the best and safest university to send their little darlings.

February 3, 2016

State Gun Control Laws, Do You Know Your Rights?

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

Violence is on our streets, in our communities, and in our schools. Chicago weekend street violence has become a constant, so much so that no one seems to be surprised at the total number of people who are murdered on any given weekend. Whenever we have a school shooting or any other violent act in which a gun is used, the subject of gun control will inevitably be introduced soon thereafter.

Gun control, as we know it, is a regulation of the manufacture, sale, transfer, possession, modification, and use of firearms. Proponents of gun control argue that it is needed in order to control crime and to reduce violence. While opponents insist that there is a Constitutional right in this country to bear arms (own a gun) established by our founding fathers, and that right cannot be infringed upon or abridged by any laws enacted by the individual states. It should be noted that United States has some of the most liberal “gun laws” in the world. By comparison, such countries like the United Kingdom have very strict limitations on gun possession.

Illinois Gun Control