Chicago Criminal Lawyer Blog

May 4, 2016

Chicago Law Enforcement Handicapped, Community Involvement Required

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

When crime on the streets gets so out of control, when criminal gang members have their run of the neighborhoods, when they can commit violent crimes without compunction, including violent assaults and murder, then you will find at the very foundation of such lawlessness a total breakdown of community involvement and lack of support for the law enforcement.

Gang Members Given “Get Out of Jail” Passes

Get out of jail passes, also known as parole, are not normally given to convicts with a long history of violence. In fact, when crimes are committed by persons while out on parole, the parole is revoked and the individual is re-arrested and required to not only serve any new prison sentence, but also the remainder of the sentence from which he was paroled.

April 29, 2016

Tackling Violent Crime in Chicago: Is it a Lost Cause?

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

Like most cities, Chicago’s violent crimes seem local to certain areas and districts. Those areas taint the entire city with their reputation of violence. Specifically, neighborhoods that are infested with gangs and street thugs, like Austin and Englewood, have a murder rate that is much higher than any other part of the city. But when anyone thinks about Chicago, they think that it is one large area where gangs rule. Sociologist refers to this typically as the “crime gap.” Theory has it that the “crime gap” advances as the “income gap” gets wider; that they are linked in such a way that unemployment and poverty creates the atmosphere where wants and needs conjoin to create the stagnant pond that eventually gives birth to crime and violent behavior. This theory is played out in neighborhood after neighborhood. The most crime infested communities are those where poverty is the rule of the day.

Fixing the Problem is Harder Than You Think

Theories aside, is there a way to fix this problem? A good start would be to bring industry back into the communities, but employers are not likely to relocate into areas overrun with violent crime. To end poverty, you need to bring employers back into the inner cities but the employers will not come back unless crime can be controlled. Entitlement programs are bandages in a situation that needs a tourniquet. Those that can move out of the city altogether, are doing so.

April 27, 2016

The Coroner Says Marques Gaines Was Murdered, But by Whom?

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

A series of events led to the death of a Chicago man, Marques Gaines, that is now being called a homicide by the coroner’s office. Gaines and an unidentified man started arguing outside a 7-Eleven Store. The argument escalated, ending up with the unidentified man assaulting Gaines in front of the store and leaving him unconscious in the street.

Several bystanders rifled through Gaines’ pockets and robbed him while he lay unconscious. Other bystanders walked casually over and around the unconscious man but no one attempted to help him. Eventually, a taxi cab driver ran over Gaines. Gaines was taken to the hospital and later pronounced dead.

The question is who is responsible for Gaines’ “murder.” Was it the unidentified man who punched Gaines and left him unconscious in the street? Was it the bystanders who robbed him while he lay unconscious in the street and failed to assist him; or was it the cab driver, who may not have known that Gaines was lying unconscious in the street, but who ended up running over him? Who is ultimately responsible for Gaines’ death, and who will be charged with his murder?

April 22, 2016

Competency to Stand Trial vs. The Defense of Not Guilty by Reason of Insanity

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

Incompetency to stand trial is not the same thing as a defense of “not guilty” by reason of insanity, for the simple reason that an individual accused of a crime may be “sane” and in charge of his mental faculties at the time he shot his victim, with a complete understanding of the nature of his act when the crime was committed, but lacking in such understanding after the arrest, to a point where the court may declare him incompetent to stand trial.

Jason Dalton has Been Declared Competent to Stand Trial

Recently in the news, Uber driver Jason Dalton was held to be competent to understand the charges against him, and to assist his attorney in his defense. Dalton is the 45 year old Kalamazoo, Michigan man who was arrested and charged as the alleged shooter who randomly targeted and killed six people in the area.

April 20, 2016

Is it an Assault and Battery or Mutual Combat?

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

Criminal assault and battery, in most jurisdictions, is defined as an intentional act where one individual attempts to or does strike another individual; or acts in such a threatening manner as to place an individual in immediate fear of harm. Aggravated assault and battery is when an individual causes severe injury to another, often through the use of a deadly weapon.

Although “assault and battery” are related, under Illinois law they are two separate and distinct criminal offenses. State prosecutors may charge these two offenses separately, however, in order for a prosecutor to prosecute on a charge of battery, he must also prove the elements of an “assault.”

An assault is the attempt to injure another person through threats or threatening behavior. It is viewed as an attempted battery, but is distinguished from an actual battery in that no contact is necessary for the assault. Wherein, in a case of “battery,” the prosecutor must prove that the defendant caused bodily harm to his victim. Illinois state law requires that for a charge of aggravated battery, the defendant must have used a firearm, or some other deadly weapon, or caused harm to a child or a law enforcement officer.

April 15, 2016

Your Constitutional Right to Bail

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

Bail is a monetary pledge (a bond) telling the court, that if the court will authorize your release, you promise to abide by any conditions the court demands, and to appear at all hearing dates going forward, including trial. By posting this bond, you are agreeing that should you fail to abide by any of the court’s conditions, your bail will be forfeited, and you will be returned to jail to await your trial. That is the premise under which the court will set bail, and if paid by you or by someone on your behalf, authorize your release from jail.

Can Your Right to Bail be Denied?

When accused of a crime, placed under arrest, and locked up in jail, what are your rights? Are you entitled to be released on bail? How much bail can the courts impose for your release?

April 13, 2016

What Happens to a Convicted Individual Who is Later Exonerated?

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

Our system of law and order works pretty well, most of the time. After an arrest, it is up to the prosecutor to prove “beyond a reasonable doubt” that the accused is the perpetrator of the crime. The defendant is entitled to be judged by his peers, and he is entitled to be represented by an attorney of his choosing during every aspect of the criminal proceedings up to and including trial of the matter; and to be able to present to the court any evidence of applicable defenses. However, sometimes there is a glitch in the system, a miscarriage of justice that results in the conviction and incarceration of an innocent person. Tragically, there are cases where a person convicted of a crime, has served years in prison for a crime he or she did not commit. The wrongfully accused can never get those years back, but may be entitled to compensation.

The State of Florida vs. Bain

In 1974, James Bain was convicted of breaking and entering, kidnapping, and rape, and was sentenced to life in prison. Bain maintained his innocence throughout, and after serving 35 years of the life sentence, his innocence was proven by DNA evidence.

April 8, 2016

The Ongoing War Between the Police and Political Activists

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

There is a war going on in Chicago, as well as in other parts of the country, between law enforcement and political activists. Meanwhile, the residents of those communities are caught in the cross-fires. This has been a bloody year for Chicagoans, and there does not seem to be any let up in the near future. In the past three months there have been over 100 individuals murdered on the streets of Chicago.

An obvious reason for this could be the link between the ongoing anti-police protests, sparked by political activists, lack of support from superiors for police officers in the field, and police morale. The new spike in violent crimes in Chicago and elsewhere may have everything to do with a combination of all of these elements.

Heightened Scrutiny of Law Enforcement

April 6, 2016

Unusual and Infamous Crimes

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

Unusual crime stories make the news on a regular basis, grabbing the imagination of the viewers and keeping them enthralled and glued to their television sets, not to mention increasing the network ratings. These crimes make huge splashes in the news and tantalize the audience with wild scenes of decadence and drama, like the latest soap opera or reality show. Most crimes of this caliber usually involve, money, murder, sex.

Chicago Woman Kills Mother While on Exotic Vacation

The Bali suitcase murder case involved a million dollar trust, an exotic vacation, angst between a mother and daughter, and conspiracy between lovers to commit murder. Heather Mack and Tommy Schaefer were convicted and sentenced to 10 and 18 years, respectively, for the murder of Mack’s mother. They will be serving their time in a Bahi prison. Mack, Schaefer, and Mack’s mother were on vacation when the murder occurred. Soon after being incarcerated, Mack gave birth to her daughter. According to Indonesian law, the baby will be raised by Mack in her prison cell until the child reaches the age of two years old.

April 1, 2016

Routine Traffic Stops and Your Civil Rights

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

We have seen in the news, a rash of videos regarding police encounters with drivers that started out as routine traffic stops, but then escalated out of control, resulting in violent arrests. One such incident made worldwide news when a traffic stop ended with the driver being arrested and ultimately committing suicide while in police custody. The story of Sandra Bland is a prime example of how not to deal with a traffic stop, even if you feel that the police officer has violated your civil rights during the process of a stop and possible search.

The Incarceration of Sandra Bland

Sandra Bland, a Chicago resident, was on her way to a new job she had taken at the Prairie View A&M University in Texas, when she was stopped by a police officer for what appeared to be a routine traffic stop. Tensions mounted between Bland, who thought that the police officer was violating her civil rights during the stop, and the police officer who believed that Bland was being unnecessarily uncooperative by resisting his inquiries.