Chicago Criminal Lawyer Blog

January 29, 2016

Parole Release: Who is Eligible and When

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

Pursuant to Illinois law, all prison inmates are eligible for parole unless they have accepted a fixed release established by the Prison Review Board. The guidelines for determining eligibility for parole consideration are when a minimum term of an “indeterminate” as opposed to a “determinate” sentence has been served. A “determinate” prison sentence is a defined length of time to be served by the inmate and cannot be changed without executive clemency from the governor. Whereas, with an “indeterminate” sentence, there is a minimum time that the inmate will have to serve, but his release date may be earlier depending on what the Prison Review Board decides. Inmates may, after serving 20 years of a life sentence less any credit for good behavior, be released on parole. Inmates may also be released after serving one third of a “determinate” sentence less credit for good behavior. Persons serving a prison term of “natural life” are not eligible for parole.

What is the Prison Review Board?

The Illinois Prison Review Board is made up of 15 individuals appointed by the governor with the advice and consent of the State Senate. The Board is responsible for reviewing inmates for potential release. They are also responsible for determining the conditions and restrictions of prisoner release. The Board will also review cases involving potential revocation of parole due to any violations of any conditions or restrictions imposed. The Board may also consider whether an inmate’s attitude or conduct deserves a reduction or suspension of good conduct credits.

January 27, 2016

Crime in the City

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

What is the nature of crime and can it be controlled? From the beginning of time, starting with the story of Cain and Abel, society has been perplexed with crime and its impact on how we interact with each other on a daily basis. Perhaps it is an inevitability of the human experience. Wherever you have man interacting with each other, you will have the makings of criminal elements. For that reason, laws have been created in order to control this part of human nature to some degree, and to the extent possible.

Types of Crimes That Plague the Human Experience

There are many types of crimes and criminal acts ranging from homicide, burglary, arson, assault and battery, to name a few. Cities with a large population growth will have a percentage of all of these types of crimes taking place on any given day, on its streets, and in its communities. At risk for higher levels of crimes, for the most part, are our low income communities where unemployment, squalor, and what appears to be and acceptance of certain types of crimes seems to be the norm.

January 22, 2016

What is the Difference Between Probation and Parole?

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

Probation

If you are sentenced to probation, you have been given a sentence with lesser jail time than usual because you may be a first time offender, and a probation time period is attached to the sentence which indicates that any violation of the probation will require you to serve out the full jail term. There may be no jail time to serve unless you violate the conditions of the probation (i.e., you have been sentenced to five years probation and you are released with the caveat that if you violate the terms of the probation, you will be remanded to custody to serve out a full five year jail term).

Parole

January 20, 2016

Taxpayers on the Hook for Police Misconduct

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

A few bad apples can spoil the whole barrel, or so they say. But in the case of some Chicago precincts where rogue cops are allowed to use their badges to commit crimes against its residents, this is all too true. Cities are discovering that the cost of allowing these rogue cops to patrol their areas can be high after having to pay out millions of dollars in settlements to victims of the overzealous misconduct of a few rogue police officers.

Police Misconduct at What Price?

The Chicago Tribune recently did a story on the subject of “police misconduct” and the cost of this misconduct to the taxpayers. The Tribune discovered that small pockets of police officers are actually costing the city millions of dollars in settlement payments to victims, not to mention the erosion of confidence and trust in law enforcement, when these rogue police officers are allowed to use their apparent authority over its citizens in order to harass and abuse them under “color” of the law.

January 15, 2016

How Does the Bail Bonding Process Work?

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

You have been arrested. You do not have a “get out of jail” free card, so what do you do? If you are accused of a crime and arrested in Chicago, the first thing you will want to do is call your attorney. The very next thing you will want to do is find out if you are eligible for bail. But what is the process?

The Illinois State Legislature does permit an accused to be released on bond, however, unlike most other states, Illinois does not permit private bail bond companies to operate anywhere in the state. The bail bond must be obtained from a state- or county-run agency.

After bail is set, an accused may obtain a bond by paying the full amount of the bail in cash (a “C” bond), paying a percentage of the bail (a “D” bond which is usually 10% of the total amount of the bail), or providing collateral (i.e., a lien on real estate) before he or she can be released. The deposit for the bond will be returned to the accused after he or she appears in court, or if real estate was used as collateral, the lien placed on the real estate will be removed. IllinoisCourts.gov

January 13, 2016

The Culture of Rape: When is it Rape and When is it Something Else?

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

Rape and sexual assaults are crimes punishable by long prison sentences and with the “Mark of Cain” following the accused for the rest of his or her life. It can be a destroyer of reputations, and sometimes, of life. But what happens to the accused when the accusation proves to be false?

Rape and Rumors of Rape

In 2014, Rolling Stone Magazine published a story about a horrific 2012 gang rape of a University of Virginia freshman. The article was supposed to expose underreported rape and sexual assaults on campuses and what, if anything, college administrators and society as a whole was doing about it. Members of the fraternity where the alleged rape was supposed to have taken place were all painted with a broad brush as “rapists.” Conversations and debates about this problem went viral, but as it did, more and more people began to question certain facts about the case and the real motive behind Rolling Stone Magazine’s reporting of it. Under intense scrutiny, the facts, or lack thereof, that precipitated the writing of the article eventually fell apart, and Rolling Stone Magazine retracted the story. Its editor left the magazine with the dark cloud of journalistic malpractice following him out the door. See NewYork.com for details about this story.

January 8, 2016

Expunging or Sealing Criminal Records: What is the Difference?

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

If you have ever been arrested for committing a crime in any state, whether convicted or not, you have a criminal record. Despite what you have been told, adult criminal records and juvenile criminal records (also known as “rap sheets”) are never automatically cleared. If you incurred a “rap sheet” at any time in your life, perhaps when you were “sowing those wild oats,” but now you have settled down and have become an exemplary citizen, the previous record of your indiscretions is available for public scrutiny.

Can I Have My Criminal Record Expunged or Sealed?

The short answer is “yes,” you can have your criminal record expunged or sealed if your record is eligible. Your first step is to consult with an experienced criminal law expert who will walk you through the process.

January 6, 2016

A Question of Guilt or Innocence

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

Arrested, charged, prosecuted, imprisoned, but innocent. This scenario is played out over and over again in our judicial system across the nation. While America has one of the finest judicial systems in the world, sometimes we get it wrong and an innocent person ends up spending time in prison for a crime he or she did not commit. Sometimes an overzealous law enforcement officer does something inappropriate in order to effectuate the prosecution and imprisonment of that person, knowing that that person did not commit the crime.

The reason for the arrest and imprisonment of an innocent person due to police misconduct could be attributable to a number of things including greed, vindictiveness, revenge, or just plain abuse of power. Whatever the reason, we all know that it does happen from time to time.

This is not to say that we have rampant lawlessness in any of our police departments. Our men and women in blue do the thankless job of keeping our neighborhoods safe from crime and should be commended for their bravery in the face of a multitude of dangers and risks of physical harm to themselves. Without the police protecting our communities, there would be anarchy. They are needed to protect our peace, and they deserve our respect and gratitude.

January 1, 2016

Your Right to Counsel is Protected by the Constitution

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

Pop quiz: If suspected of committing a crime such as sexual assault, when should you talk to an attorney, before or after interrogation? Some people charged with a crime think they know the answer to this question, but sadly, many find out too late that they did not.

Police officers are required to advise you of your Constitutional “right to counsel” (Mirandized) before they start questioning you after an arrest. If you state at any time during the process that you want to exercise your right to counsel, the interrogation must stop and you will be permitted to talk to your attorney. If you do not ask to speak to an attorney, the interrogation will continue and anything you say can be used against you during a trial, if any.

There are some crimes that carry with them such a stigma that once accused, the taint sticks whether the accusation can be proven or not, such is the accusation of “sexual assault.” Notwithstanding the fact that there are many actual, provable cases of criminal sexual assault, for instance, the case where the Rabbi admitted sexually assaulting a young boy who was member of his synagogue (see DNAinfo.com), there are far too many where the accusation, without more, becomes the basis for the conviction.

December 30, 2015

Criminal Defense: Illinois’ Self-Defense Laws

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

Multiple murders on the streets of Chicago on any given weekend now seem to be a fact of life. The murder rate in Chicago has increased by 13% since 2013; shootings not ending in death were up 40% during the first three months of 2015. It is little wonder that Chicago residents do not feel safe on the streets, or even in their own homes. (See Chicago Tribune) So do you know your rights regarding self-defense, or defense of your property? If threatened with bodily harm or death, do you have a duty to retreat before defending yourself, or can you “stand your ground”? How much force can you use to prevent a “trespass,” reasonable or deadly? What is reasonable force and what is deadly force, and in what circumstances is it alright to use either?

Answers to These Questions are a Phone Call Away

A little while back, there was a lot of controversy over “stand your ground” laws after an incident that occurred in Florida. An aggressor-turned-victim was killed in an act of assault by another who claimed “self-defense.” This incident created such a fury throughout the nation, partly because of the racial component of the incident, and partly because people began to wonder at what point can they be arrested and tried for murder in a case such as this. States scrambled to take a second look at their “self-defense” laws. New laws were enacted, and some were reviewed and revised to fit the ever increasing violence in our overcrowded urban areas.