Chicago Criminal Lawyer Blog

September 17, 2015

Three New Criminal Laws in Illinois That You May Actually Benefit From

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

At any given time, thousands of Illinois residents are unable to secure a good job or any job at all, as a result of past mistakes. Even if you have paid your debt to society as a result of a criminal conviction, you may be one of the thousands of Illinois residents who has been relegated to live in poverty, even if you are trying to set your life on the right path. The good news is, three bills recently signed into law by Governor Rauner may address and ameliorate this issue. Read on to see if you may benefit from these new laws, which take effect the first day of 2016. If you think you might benefit, contact us today and let us help you explore your options.

HB 3475

Beginning January 1, 2016, House Bill 3475 expands the list of those eligible to receive a Certificate of Good Conduct and a Certificate of Relief from Disability. If you can show the court that you have turned your life around with clear and convincing evidence, then the court may issue either of these certificates. Such a certificate will go a long way to help you obtain a professional license or other employment, if the crime you were convicted of is one of the included new crimes that allows you to receive either of these certificates. The Law Offices of David Freidberg can help you determine if you may be eligible for one of these certificates.

HB 3149

Beginning January 1, 2016, men and women who have been convicted of certain offenses and who have completed college, have a vocational certificate, or have finished some other educational or vocational training program can request the courts and police department to limit the number of persons allowed to access their old criminal records. In other words, you can ask to have your record sealed much sooner than the law currently allows. The Law Offices of David Freidberg can help you determine if you are eligible to have your record sealed early.

SB 844

The third and final new bill signed into law by Governor Rauner is SB 844. For those who have older convictions, SB 844 allows you to request that the court limit who can look at your old records three years after you complete your sentence (the current law requires you wait four years). Depending on the crime you were convicted of, this new law may even allow your records to be sealed two years after your sentence is complete. Call David Freidberg today and find out if you are eligible to benefit from SB 844.

These bills will breathe new opportunity into the lives of over 1 million Illinois residents whose potential was previously squandered for lack of second chances. Now, people who have made mistakes, served their sentence, and been rehabilitated can move beyond their pasts and into their futures. Continue reading

September 15, 2015

Are You Being Charged With Official Misconduct in Illinois?

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

A former Chicago police property custodian, who had held that position since 1990, was sentenced to two years in prison this week after she was caught on tape stealing money, jewelry, and a camcorder out of an evidence facility. She was convicted of the crime of official misconduct.

What is Official Misconduct?

There are two different types of official misconduct. One type is official misconduct by a public officer or a special government agent. The second type of official misconduct is done by an employee of a law enforcement agency, like in the case above. The first type of official misconduct is charged when any of the individuals mentioned above is alleged to have done any of the following when acting in his or her official capacity or capacity as a special government agent:

Intentionally or recklessly failing to perform any duty that is mandatory by law;
Knowingly performing an act which he or she knows is against the law;
Performing an act that exceeds his or her lawful authority with the intent to obtain a personal advantage; or
Knowingly accepting or soliciting another person for a fee or reward for any act which is not authorized by law.

The second type of official misconduct occurs when an employee of a law enforcement organization knowingly uses or provides information to an unauthorized recipient that was acquired in the course of employment, if the information is provided with the intention of obstructing or impeding the investigation, or interfering with the apprehension or prosecution of any person or criminal offense.

In addition to being charged with a class 3 felony, if convicted, the employee forfeits his or her employment. This is therefore a serious crime to be charged with, and it is important to have a knowledgeable criminal defense attorney at your side from the moment you are charged.

What is the Penalty for Being Convicted of Official Misconduct?

If convicted of official misconduct, you will be guilty of a class 3 felony. Under Illinois law, if convicted of a class 3 felony you can be punished with two to five years in prison. If you are convicted of an extended class 3 felony, then you can be sentenced to five to ten years in prison. You may also face fines and restitution if convicted. Continue reading

September 11, 2015

Are You Being Charged With Embezzlement in Illinois?

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

Embezzlement is a so-called “white collar crime” in Illinois, meaning it is the type of crime normally committed in a professional environment or workplace. Embezzlement is a type of theft that occurs when somebody who was entrusted to manage or monitor the property or money of another person steals all or part of what they were entrusted with for personal gain.

This is different from theft because in an embezzlement situation the defendant had legal access to the money or property that they are accused of stealing.

When is Embezzlement Usually Charged?

September 9, 2015

Prostitution in Illinois

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

Prostitution and any acts related to prostitution are crimes under the Illinois code. Some prostitution-related crimes even require registration as a sex offender. If you are charged with a prostitution related crime in Illinois, consult an experienced attorney for guidance.

What is Prostitution?

In Illinois, performing, agreeing to perform, or offering to perform any sexual act in exchange for anything of value is considered prostitution. In most cases the charge of prostitution is a Class A misdemeanor. However, if you are charged with prostitution within 1000 feet of a school zone, or if it is your second or subsequent prostitution conviction, you will be charged with a Class 4 Felony.

September 4, 2015

Chicago Man Charged with Homicide after Woman’s Fetus Dies in Car Crash

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

A Chicago man is being held on $2 million bond and is being charged with reckless homicide of an unborn child, among other charges. Bail was set at $2 million Saturday for a man accused of causing a Northwest Side crash that seriously injured a pregnant woman and killed her unborn child. On Wednesday, August 12, the Chicago man allegedly crashed into a parked Mazda Protégé in which the pregnant woman was sitting.

Fetal Homicide Laws in Illinois

Maybe you were not aware that you can be charged with murder if a pregnant woman’s fetus dies as a result of your action. Illinois statute defines and penalizes for intentional homicide of an unborn child, voluntary manslaughter of an unborn child, involuntary manslaughter and reckless homicide of an unborn child, respectively. These statutes define an “unborn child” as any human individual from fertilization until birth.

September 3, 2015

Expungement of Sex Offenses in Illinois

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

Many people who have been convicted of a sex crime in Illinois wonder whether the offense can be expunged. There are limited circumstances in which this is possible, but it can occasionally be done. As each situation is different, it is important to consult an experienced attorney for guidance in getting your conviction expunged.

What is a Sex Offense in Illinois?

Under Illinois law, a sex offense is a crime that involves sexual misconduct. This includes assault, child pornography, statutory rape (even if the alleged perpetrator is under the age of consent at the time as well), and others. If you are convicted of a sex offense in Illinois, then you will be considered a sex offender by the state of Illinois, and you may even have to register as such for a minimum term of 10 years on the Sex Offenders Registry.

August 28, 2015

Elder Abuse and Financial Exploitation

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

Given the aging population and the struggles people face in today’s economy, more and more extended families are living together and caring for aging relatives. If you live with an aging parent or another loved one who is suffering from an age-related disease, you probably know that certain medical conditions can cause your loved one to be confrontational and even sometimes violent. Such conditions include dementia, mental illness, and Alzheimer’s disease, among others. Most domestic violence allegations involving the elderly arise out of confrontations in which the caregiver is simply trying to prevent the senior from injuring another member of the household, the caregiver, or even themselves.

What you might not be aware of, however, is that you can be charged with domestic violence if your loved one accuses you of mishandling his or her finances. If you have been arrested for elder abuse because of the alleged financial exploitation of an elderly loved one, you need to protect your rights and contact an aggressive criminal defense attorney immediately.

What Do You Need to Know?

August 26, 2015

Are You Facing Registration as a Sex Offender?

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

There are many crimes in Illinois for which if you are convicted (or found not guilty due to insanity), you are required to be a registered sex offender for a minimum period of ten years. This is a serious punishment, and if you are facing such a penalty, you need quality legal representation to protect you and advocate for your legal rights.

What You Need to Know

Crimes that may require future registration as a sex offender range from rape and murder of a child to indecent exposure (public indecency). Public indecency is obviously not punished as seriously as a violent sexual assault, yet the sex offender registry does not make any distinctions. Therefore, a person could theoretically be charged with public indecency for urinating in public, or charged with false imprisonment for improperly detaining a juvenile for suspected shoplifting, and could still be facing inclusion on the same sex offender registry as someone found guilty of rape and murder.

August 14, 2015

Have You Been Wrongly Identified in a Lineup?

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

Eyewitness identification is incredibly unreliable, yet can be a determining factor in a jury finding someone guilty at trial. In a study of 525 wrongful convictions, the Innocence Project found that 73% of those wrongfully convicted (235), were found guilty due to incorrect eyewitness identification. If you are being charged with a crime, it is best to consult an experienced criminal defense attorney immediately, and especially before standing or having your photograph presented in a lineup.

Wrongful Identifications in Illinois

Illinois alone has released more than 20 wrongfully convicted criminals since 1993. Thankfully, Illinois is taking steps in attempts to cure this issue. A recent legal change is a step in the right direction. Illinois has a new statute governing lineup procedures, 725 ILCS 5/107A-2. This statute is an attempt to remove human influence from tainting the lineup procedures, by requiring the use of either an independent administrator, an automated computer program, or random shuffling of photos for all lineups. This new statute also contains other safeguards, including video recording and written reporting requirements, all measures designed to strengthen the reliability of the results and prevent misidentification of witnesses. According to the new law, lineups now must be conducted using one of the following methods:

Independent Administrator

An independent administrator is somebody who is not a police detective, officer, or any other member of the arresting police force. The lineup administrator has to draft and file a report at the end of the lineup, which must be shared with your lawyer.

Automated Computer Program

If the lineup is going to be a photographic lineup (rather than one in which people stand before a glass), then this statute allows an automated computer program or other automated device to be used. The automated program will automatically display a lineup of photographs to an eyewitness without allowing the lineup administrator to see which photographs the eyewitness is viewing until after the lineup is completed.

Random Photo Shuffling

If there is no independent lineup administrator available, and no automated computer program to “shuffle” the photos for the lineup, then the lineup administrator must place randomly numbered photographs in folders and present them to an eyewitness. The statute requires that the lineup administrator does not see or know which photographs are being presented to the witness until after the lineup is completed.

Other Requirements

In addition to using one of the methods above, law enforcement agencies have to adopt written guidelines that explain in which circumstances simultaneous lineups will be used (all photos are shown at the same time), and under which circumstances sequential lineups will be used (when an eyewitness is shown photos one at a time). There are also specific instructions that must be given to the witness, and all lineups must be audio and video recorded whenever possible. Copies of any recordings must be given to your lawyer during the discovery process.

This new law still does not go far enough to protect you from an erroneous conviction based on wrongful identification. There is a catch-all provision in the new law that allows the police to use “any other procedure” which supposedly prevents the lineup administrator from knowing the persons or photographs presented to the witness, but in essence allows the police to avoid using any of the procedures this statute suggests.

August 12, 2015

Are You Being Charged with Aggravated Unlawful Use of a Weapon for Lack of FOID Card?

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

If you are in possession of a firearm and do not first obtain an FOID card (Firearm Owner Identification Card), and you are caught with it on your person, in your car, or even in some circumstances in your own home or place of business, you may be charged with Aggravated Unlawful Use of a Weapon, 720 ILCS 5/24-1.6 (“AUUW”). If you are facing AUUW charges in Cook County or DuPage County because you were arrested for having a firearm and not having an FOID card, you need an experienced criminal defense attorney to defend you and protect your rights.

Illinois requires that all residents who want to own a firearm first obtain an FOID. You can fill the application for an FOID out online, or you can print it out and mail it, fax it, or scan it. If you have an FOID card, you may transport a gun in your vehicle, as long as it is unloaded and in a case or other container. If you are carrying a firearm that is loaded or not in a case, or is in the glove compartment of your car, and you get pulled over, you will be charged with unlawful use of a weapon.

What if you are Charged with AUUW?

It is far more serious, however, if you are caught with a weapon in your vehicle and you do not have an FOID card. Even if you are an out of state person who has come to Illinois to hunt, you may be charged with AUUW if you are pulled over and have an unloaded firearm in your car. The name of the offense is misleading, as you do not have to actually “use” the weapon to be charged with the crime – if you do not have an FOID card and you have a loaded or unloaded weapon in your car or on your person, you can be charged with this crime. This is a Class 4 Felony under Illinois law, and you need top level legal representation if you are charged.

If you are convicted of AUUW for possession of a firearm without an FOID card, it is punishable by a minimum of one year in prison and up to (but not more than) three years, if it is a first offense. There is also the possibility of a $25,000 fine. If it is not your first offense and you are charged with AUUW, you could be facing seven years in prison.