Chicago Criminal Lawyer Blog

October 23, 2015

Why Do Police Find More Illegal Firearms in Chicago Than the Rest of the Country?

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

If you own a television, you know that a scourge of gun violence plagues the nation on a daily basis, and perhaps nowhere more frequently than in Chicago. The spike in murders and other shootings in Chicago in the past year has thrust the city into the national spotlight, and it has recently been made known that the police in Chicago are seizing more guns than anywhere else in the nation.

In 2014, the police confiscated around 7,000 illegal guns. In the first nine months of 2015, the Chicago Police Department says it has already seized over 5,500 illegal guns. The numbers keep climbing, and according to both prosecutors and defense attorneys, this causes jurors to wonder where and how the police are getting all of these illegal firearms.

If you face gun charges in Chicago, you are overwhelmingly likely to be convicted. The Cook County prosecutors win seven out of every ten gun cases, although obtaining convictions is becoming more difficult. There is a growing skepticism toward the Chicago Police Force and the credibility of the officers, which is reflected in several recent high profile arrests that were either dismissed by the judge for lack of probable cause, or the accused was acquitted because the jury did not believe the story told by the police. The events of the past several years and the killing of many unarmed black men by police officers throughout the country have contributed to this climate.

October 21, 2015

Are You Facing Credit Card Fraud Charges?

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

Illinois takes all types of fraud seriously, and if you are being charged with credit card fraud, you may be facing a lengthy jail sentence. It is important to understand just what credit card fraud is and what to do if you are charged with that crime.

What is Credit Card Fraud in Illinois?

Under Illinois law, there are several crimes that are considered credit card fraud, including:

October 16, 2015

Changing Marijuana Laws in Illinois

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

Throughout the United States, a remarkable change of heart and mind about the use of marijuana is in progress, and Illinois has joined in, albeit with some resistance. There are currently 38 states with some type of medical marijuana program, 16 states that have decriminalized smaller amounts of marijuana possession, and two states that have legalized the recreational use of cannabis.

In 2016, two more states will legalize recreational marijuana, and Illinois is poised to join the 16 other states that have decriminalized small amounts of marijuana. As it now stands, however, marijuana possession remains a crime in the state of Illinois (even though the City of Chicago decriminalized marijuana on its own in 2012 and moved to a ticketing system). While the marijuana laws will most likely change in the near future, you still should be aware of the current laws governing possession of cannabis.

Marijuana Laws in Illinois

October 14, 2015

Carjacking Laws in Illinois

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

Most of us are familiar with the term carjacking from television, movies, and video games. It is legally referred to as vehicular hijacking, and it is defined as the use of force or the threat of the use of force to steal another person’s vehicle. Vehicular hijacking, or carjacking, is a serious violent crime in Illinois and the penalties are harsh. You will be facing felony charges and a lengthy prison term, as well as fines, if you are accused of carjacking, and you will have a permanent blight on your criminal record.

What Exactly is Carjacking?

Under Illinois law, you can be charged with carjacking if you take a motor vehicle from another person by the use of force, or by the threat of the use of force. It is considered more than a simple robbery – it is a separate charge entirely, and it is a Class 1 felony. If you are convicted of carjacking, you could face up to 15 years in prison. The penalties are significantly harsher than those for robbery and burglary offenses, which are usually charged as Class 2 felonies and carry shorter sentences and lower fines.

October 9, 2015

New Law Protecting Family Pets Takes Effect January 2015

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

We have all seen shocking stories in the news about babies dying after being left in a hot car, or less commonly, a cold car. What we do not hear about as often is the number of pets that die every year from extreme heat or cold when left alone in a car for too long or outside for too long.

Most people would never do anything to intentionally hurt their pets, but sometimes mistakes in judgments are made. Is it ok to leave Fido in the car at 4 pm while you run a five-minute errand? Probably. Even then, however, there could be issues. If it is over 90 degrees outside, even five minutes in the car is too long. You never know what will happen that can keep you away from your car longer than the intended five or ten minutes. You can never be sure something bad will not happen. A new law is an attempt to raise awareness of this issue and lower the incidence of Illinois residents leaving pets in cars.

What Does the Law Provide?

October 7, 2015

How Bail is Determined in Criminal Cases

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

When a person is arrested and faces criminal charges that may result in jail time, there is often a lengthy period of time between the initial arrest and the trial. During the time between your arrest and the eventual trial, bail can be posted, allowing you to remain free until trial.

What is Bail?

People post bail by paying money as a guarantee that they will not flee the area and that they will return for the trial. As long as the offender out on bail appears in court for trial, the money is returned. If the defendant does not return to the court, the bail money is forfeited.

October 2, 2015

2014 Champaign Officer of the Year: A Sexually Dangerous Person?

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

Jerad Gale, chosen as “Officer of the Year” for the Champaign Police Department, has been arrested for raping and strangling two different women. Since his arrest, another victim and a former girlfriend have come forward alleging similar crimes were committed against them by Gale, and he faces those charges as well. He was also accused of sexual assault in 2007, but was unable to be prosecuted due to a three-year statute of limitations. Somehow, he was awarded the Officer of the Year honor in spite of this. He is not likely to repeat that award, and in fact, prosecutors are trying to have him named a “sexually dangerous person.”

What is a “Sexually Dangerous Person” in Illinois?

The Illinois Sexually Dangerous Persons Act (“The Act”) defines “sexually dangerous persons” as all persons suffering from a mental disorder for longer than a year who have also “criminal propensities” to commit sex offenses and have either committed prior acts of sexual assault or sexual molestation of children. Pursuant to this definition, the prosecutors in this case are seeking a designation of “sexually dangerous person” for Gale, and his motion to dismiss the petition has been denied.

September 30, 2015

When Young Love Requires a Criminal Defense Lawyer

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

The legal age of consent for sexual activity in Illinois is 17. This means that voluntary sexual conduct with a person under the age of 17 cannot be consensual under the law under any circumstances. Put another way, it is not possible for anybody under the age of 17 to legally consent to any sexual conduct. Sexual conduct is defined as touching the sex organs of another person. This makes it possible for two 16-year-olds who engage in “heavy petting” to be found guilty of a crime in Illinois and to end up on the Illinois sex offender checklist.

Illinois Age of Consent Laws

Under Illinois law, when a person under 17 years of age commits a sexual act with another person who is under the age of 17, both parties are guilty of criminal sexual abuse. So, in the example above, if the parents of both teenagers complain to the police, both teenagers would be arrested and charged with criminal sexual abuse.

September 25, 2015

Money Laundering Charges are More Common Than You Think in Illinois

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

If you are accused of money laundering, the government is alleging that you committed some act to disguise the origins of illegally obtained money, with the goal of “washing” the money and making it into legitimate money. People are accused of money laundering in a variety of circumstances, but an easy example to help you understand is from the television show Breaking Bad. The main character amasses a pile of money from the production and sale of crystal methamphetamine. He then purchases a car wash to launder the “meth” money and “cook the books” to make the money legitimate. That is one way people are accused of attempting to launder money, but there are others.

Money Laundering Charges are a Big Deal

If you are charged with money laundering, you are facing federal criminal charges. The federal government charges people suspected of money laundering under a number of different statutes, including the Federal Money Laundering Control Act and sometimes the Patriot Act.

September 23, 2015

Prosecutors in Illinois “Avoid” Judges in Early Stages of Gun Cases

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

One of the recent headlines in the Chicago Sun Times read, “Cook County prosecutors steer clear of judges in gun cases.” Gun charges can wreak havoc on your life and in the lives of your loved ones, and as reported in this article, prosecutors purposely avoid judges and instead go to grand juries to ensure they will get indictments for gun charges.

The State’s Attorney Anita Alvarez has actually ordered those prosecuting felony gun possession cases to present them to grand juries rather than go before a judge in a preliminary hearing. In Illinois, grand juries and judges can both decide if there is probable cause for a trial, but grand juries are notorious for agreeing with the prosecutor and issuing an indictment. Judges can be less predictable, so the state’s attorney has decided to bypass them altogether.

How Does a Grand Jury Operate?