Chicago Criminal Lawyer Blog

November 25, 2016

Deferred Prosecution in Chicago: Justice Delayed is Justice Denied

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

Prosecutorial discretion in Chicago has always been a controversial issue particularly if the public feels that there is an element of unfair selection and victimization. One of the leading practitioners of the deferred prosecution program is the Cook Country State Attorney. This program has been in operation since 2011 but is not without its detractors. For example, it has been subjected to an evaluation by the Illinois Criminal Justice Information Authority. The grant for this research was offered by the Loyola University Chicago. The success of the program has led to its being designated as the model of good practice for the Offender Initiative Program. All these interventions are enshrined in the Illinois Statute book under 730 ILCS 5/5-6-3.3. The three major objectives of the program are as follows:

Increase and protect public safety
Ensure the best use of available resources

November 23, 2016

Child Endangerment in Chicago: Doing the Job Parents and Guardians Will Not Do

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

Child endangerment laws in Chicago have not always had the best reception given the fact they have the power to take children away from their biological parents and even throw those parents in prison. There are cases where the facts are so harrowing that even the defense attorney is moved to take more precautions than usual due to public outcry. The principles of the laws as they stand are fairly simple. First and foremost, children are recognized as vulnerable members of society who need and deserve some level of protection. The highest priority for the law enforcement agencies is the protection of the rights and interests of the child in question even if that means the breakup of the natural family. The tricky element is that the enforcement authorities are not infallible. They do make mistakes and when they do, all hell breaks loose with the public ready to pounce.

Controversial Laws with Far-Reaching Consequences for All Involved

The case may have civil, family and criminal court elements all mixed together. For example, the parent or guardian may end up as a defendant in a serious criminal case that could lead to life imprisonment in the worst cases. In sentencing, the courts are guided by the need to express public outrage at the circumstances of the case and also deter others who might be thinking of doing the same. That does not mean that the person who has been charged with a stigmatizing crime such as child endangerment loses their human rights. For example, the presumption of innocence is embedded in the law but is often broken by the media who enjoy the more sensational aspects of these cases. That is how these cases have become so terrifying that defendants often fail to mount an effective defense even if all other indications are that they are not guilty of the crime for which they have been accused.

November 18, 2016

Marijuana Possession in Chicago: To Charge or Not to Charge? That is the Question

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

The possession of marijuana in Chicago straddles the thin and ambiguous line between criminality and socially risky behavior (see The Municipal Code of Chicago (MCC) 7-24-099). Some have reached the conclusion that the continued criminalization of marijuana in Chicago is against the public interest and represents a waste of precious police resources. For example the state attorney’s office in Cook County has already indicated that it will dismiss minor pot cases as part of their overhaul of the criminal justice system.

Others may wonder whether it is appropriate for a DA to have such wide discretion to the extent that they can effectively decriminalize activity that is criminalized under statute. In some ways the debate boils down to practicality and commonsense. If every single low level offense was prosecuted, the DA would never have the time to go after the big drug overloads. Moreover there is general public acceptance that there are people who use marijuana for recreational and medicinal purposes without intending to or actually causing any harm to members of the public.

A Law in Suspense

November 16, 2016

Prescription Drug Possession in Chicago

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

The rules relating to controlled substances in Chicago are found within 720 ILCS 570 or the Illinois Controlled Substances Act. Because the offense of unauthorized prescription drug possession touches on the ability to self-medicate; it has remained one of the more controversial aspects of Chicago law. Interestingly, there has been an uptick in arrests for the possession of medications that would otherwise be perfectly legal except for the important absence of a valid prescription. Unfortunately, the zeal with which these offenses are prosecuted has meant that there are some innocents who have gotten caught up in the melee.

Currently there are nearly two million US residents who abuse prescription drugs in one way or the other. In areas where there are no stringent enforcement structures, it is possible to go unnoticed despite the risk to public health. Some of the more high-profile arrests for illegal possession of prescription drugs include the conservative radio talk show host Rush Limbaugh.

Distinguishing Legitimate from Illegal Use of Prescription Drugs

November 11, 2016

Disorderly Conduct in Chicago: Rules, Regulations, and Practice in Focus

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

Disorderly conduct has become the catch-all and go-to remedy for law enforcement agencies. The typical scenario is that of a police officer working on a hunch or anecdotal evidence that someone might be engaged in criminal activity. In the absence of a clear provable offense, the officer makes what is effectively a preventative arrest under the disorderly conduct law in Chicago. However, that scenario raises civil liberties issues, particularly as they relate to minorities who have historically faced much more stringent scrutiny within the criminal justice system. Frisking is a popular political tool for those who want to be tough on crime but not touch on the causes of crime. Some members of the public are just reassured by any statistical evidence that arrests are increasing even though those arrests may not necessarily mean a reduction in criminality within a given area or population.

Processing Issues and Cost-Benefit Calculations

At a time when the police are anxious to engage with communities in innovative law enforcement projects, it seems that stop and search and disorderly conduct are soon going to become anachronisms. Worse still, the abuse of those provisions in Chicago will open up the law enforcement agencies to series suits for civil rights violations. The definition of disorderly conduct is also not set in stone. That means that police discretion is playing an important role in determining whether a prosecution will take place or not. If the police are given the option to turn a blind eye to potential infringements based on their judgements, then we must also accept that an element of personal prejudice may come into play with time.

November 9, 2016

Enhanced Sentencing for Designated Drug Free Zones in Chicago

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

Questioning the Rationale and Practicality of the Current Legal Regime

The first principle of the law in the USA is equality. That may not quite square up to the enhanced sentencing regime for designated drug free zones in Chicago. The current trends owe their origins partly to the 1980s when the super-predator ethos started to take hold in the echelons of legislative assemblies. It was fashionable to be tough on crime. As a result many people are now serving ridiculously long sentences for relatively minor drug offenses. President Barack Obama has used his discretion in pardoning some of these offenders. A less shocking but equally serious manifestation of this fear of crime is called enhanced sentencing. The regime was designed to tackle those areas that were at a very high risk of becoming drug dens. In effect, people who committed drug offenses within these localities would eventually face penalties that were stiffer than those who committed crimes in the non-designated areas.

The principles of natural justice do not quite square up to these situational aggravating features given that an offender has limited control over the geography of the USA or how the authorities decide to designate drug free zones. Supporters of the regime argue that it makes sense when you consider the actual zones that are affected. These include schools and drug recovery institutions. The rationale is that the hardened criminals should not be allowed to exploit vulnerable people without serious consequences. In any case, the same principle has been used to develop aggravating features for burglary. The offender may not know that the home is occupied when he or she decides to steal from it, but the fact that it is occupied will lead to a harsher sentence. Illinois is one of the areas that has fully embraced the school zoning criteria for enhanced sentencing.

November 4, 2016

Bribery in Chicago: A City of Pay for Play

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

Chicago has never been able to quite shake off its sometimes unwarranted reputation as a corruption center in the USA. Take the case of a city insider who has been sentenced to 10 years in jail for taking bribes in a scandal that ironically involved jumping red light cameras. The appropriately named John Bills is not alone in the long list of high ranking and low ranking government officials who soon find that they are in need of an excellent criminal defense attorney. The scale of the case and the sentencing are fairly atypical. The court heart that Mr. Bills took up to $2 million in euphemistically labelled “gifts.” His services included sending large red light camera contracts to Redflex Traffic Systems Inc., a company based in Arizona.

If you are looking for the key ingredients of bribery then this case is as good as any in terms of demonstrating them. First of all you have someone in a position of authority who uses that authority to illegally secure pecuniary advantage in exchange for abusing his offices. There are elements of discriminatory and unlawful behavior which means that certain bids for tenders are never treated fairly for no other reason than the fact that they did not pay the authorizing officer a bribe. Such a crime reduces public confidence in the system and judges are particularly harsh in exercising their discretion. Of course it is possible to reduce the maximum sentence if there are mitigating factors. Some of those mitigating factors include an early confession, cooperation with the police, restitution, and examples of good public works.

The Dangers of Plea Bargaining

November 2, 2016

Embezzlement in Chicago: Unjust Enrichment Under Public Focus

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

Whenever another story comes in, there is shock from the legal and non-legal community. Even as the defendant desperately seeks an attorney; the prosecutor is working full-time to ensure a conviction and an exemplary sentence. The annals of embezzlement in Chicago include the relatively recent case of Caryn Benson, a former Field Museum employee who managed to embezzle up to $400,000 without getting noticed. Even as the case its case made its way through the courts, there was a lot of interest from the legal community in terms of establishing the technicalities of the crime and the responses of the court. Museums are normally places of leisure and cultural enlightenment. One would not expect large-scale and sustained thefts to be taking place there over a period of ten years.

Interestingly, Benson admitted to only half a million whereas the employer protested that the figure was closer to one million. In the event a compromise was reached on the understanding that the culprit would be spending some time in jail. The guidelines are in the range of 35-40 months, a penalty that some may consider to be harsh given the fact that the courts have handled cases of large scale corporate fraud that has led to the loss of millions. The aggravating circumstances in this case include the fact that the crime took over a long period of time and the defendant had been in a position of trust. The negotiation for a plea agreement is an interesting lesson for defense attorneys where the facts of the case indicate that a long drawn out trial may not yield the results that the prosecutor is looking for. This puts the defense at an advantage and in this case the attorney got the best possible deal for the client.

Understanding the Legal Ramifications of Embezzlement

October 28, 2016

Unlawful Use of a Weapon in Chicago: Cracking Down on Gun Crime

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

The rationale behind the laws relating to unlawful use of a weapon in Chicago are simple. First of all, they are designed to protect the public from harm by making it incredibly difficult and illegal to obtain a firearm. Secondly, the rules must take into account the perspectives of the gun lobby, which aims to take guns out of the hands of criminals whilst allowing unfettered access to the rest of the population. Recently there has been concern about mentally disordered people who may have no criminal record and therefore fully entitled to own a gun until they engage in mass killings. Those who deal with civil rights are not satisfied with the uneasy compromise because according to them the law is never blind in these instances. Ethnic minorities are likely to get stiff punishments for illegally owning a gun and yet when “white” defendants engage in mass murder; every effort is made (led by a compliant media) to find psychological defenses for them.

Preparing to Defend a Case of Unlawful Use of a Weapon

The attorney is expected to engage in what amounts to a background check of their defendants. This was particularly important in a high profile case that involved the gang-related drive-by shooting of Michael Arquero. The victim in this case soon turned into a defendant and the discovery was now all about proving that Arquero was not really as bad as his criminal record indicated. Using aliases he had been able to access weapons, highlighting the weaknesses of the entire system. The defense strategy that was chosen for the occasion was that of self-defense; one which sometimes requires the appearance of “clean hands” under the rules of equity. Following the investigation the prosecutors still accepted the prima facie case that Arquero had shot his attackers in self-defense although it appeared that he had no right to have a gun in the first place.

October 26, 2016

Receiving Stolen Property in Chicago: Third and Fourth Party Crimes

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

Receiving stolen property is one of the more elusive offenses on the Chicago statute books but it has been prosecuted vigorously on account of the fact that it is part of a network of criminality that must be broken from its source. The person that receives stolen property is not only benefitting from a crime but is also making it difficult for the law enforcement authorities to successfully recover the stolen property. Therefore, the criminal justice system has been harsh on defendants in these circumstances. Defense attorneys need to be wary of the prejudices that often plague these cases. The chain of custody before arriving at the final recipient can also cause unique challenges for the defense attorney.

Key Considerations as Part of the Defense Preparations

The strategy that is preferred is to focus on the other defendants so as to take the heat off the person who may not have done the robbery or theft but is indeed the final recipient of the goods or money. The problems start to mount when it is a joint enterprise or conspiracy. In such situations the defendant may have to fight off a presumption that he or she is the mastermind whereas the actual thieves are only footmen and women for the grand scheme. Needless to say defendants who the prosecution successfully labels as being criminal masterminds can expect unusually stiff penalties, even when the discretions of the sentencing guidelines are taken into consideration. Luckily for the vast majority of defense attorneys, the cases are usually on the low end. The person that engaged in the actual stealing action (particularly if it is upgraded to robbery) will bear the brunt of the court’s wrath.