Chicago Criminal Lawyer Blog

December 16, 2015

Possession of Cocaine in Chicago

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

It is against the law in Illinois to possess any amount of cocaine at all. Cocaine, a stimulant derived from the coca plant, is classified as a Schedule I drug in Illinois. The penalties for the possession of cocaine are set out in the Illinois Controlled Substances Act at 720 ILCS 570/1 et seq.

Illinois Drug Schedule and Penalties

Illinois classifies illegal drugs into different categories, called schedules. The penalties for drug possession depend on which schedule the drug is classified in. There are five different schedules, with Schedule I being street drugs with the highest potential for abuse and Schedule V being prescription drugs with the lowest potential for abuse. Cocaine is classified as a Schedule I drug, which carries the harshest penalties given under Illinois law.

December 11, 2015

When are the Police Allowed to Search Your Home?

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

If a police officer shows up at your door and demand you open it, you may feel as if you have no option but to allow the officer into your home. Many people are intimidated by the authority of the police or frightened at the idea of disagreeing with the police. Whatever the reason, most people are either unaware of their constitutional rights when a police officer is at the door or they forget to assert them. While there are some exceptions to the rule, in general, it is illegal for the police to enter your home without a search warrant.

What are Your Rights?

The Fourth Amendment to the United States Constitution protects you from unlawful searches and seizures. This right is extended to you on the state level by operation through the Fourteenth Amendment. This means that if the police do not have a search warrant and you do not consent to allow them into your home when asked, then they are breaking the law if they enter.

December 9, 2015

Chicago’s Heroin Epidemic and Overdose Crisis

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

In October of this year, there were more than 100 heroin overdoses in Chicago, including 74 in a 72 hour period. Police blame one batch of heroin that swept through Chicago’s West Side, which was laced with the drug fentanyl, a powerful painkiller. Most of the users who overdosed obtained the heroin from the same two sources, which is what led authorities to determine that a single batch was to blame for all of the overdoses. Those who overdosed failed to respond to Narcan, the drug used in emergency rooms throughout the United States to reverse the effects of a heroin overdose. Not until emergency room doctors doubled and tripled the Narcan amounts were they able to save the lives of the people who overdosed.

Chicago Police are Cracking Down on the Heroin Problem

Heroin use has been on the upswing in Cook County. Throughout the United States, heroin overdoses have quadrupled in the past ten years. Between 2007 and 2013, heroin use in the United States has doubled, and many experts believe no city has been harder hit than Chicago.

December 4, 2015

Public Indecency in Illinois

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

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Public indecency in Chicago is a complicated and serious criminal charge. The penalties and other consequences you face will depend on the circumstances surrounding the incident. In most cases, the crime of public indecency is a Class A misdemeanor in Illinois. The gist of being charged with public indecency is that you exposed yourself in a public place. If you are convicted of public indecency, you face up to a year in jail, and a maximum fine of $2500. The most problematic part of being charged with public indecency is that it is considered a sex crime, and in some situations, those convicted of public indecency will have to register in Illinois as a sex offender, after serving whatever sentence is imposed by the judge. Any person who is under the age of 16 cannot be prosecuted for public indecency, although they can face charges of disorderly conduct for behavior that would be charged as public indecency in an older person.

Elements of a Public Indecency Charge

December 2, 2015

What Makes a Sexual Assault “Aggravated” in Chicago?

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

Being charged with sexual assault in Illinois is serious, and if you are convicted of sexual assault, you face some of the heaviest penalties levied for any crime in the state. There are several categories of criminal sexual assault in Illinois, and although they all carry the potential for severe penalties, some are worse than others.

What is Criminal Sexual Assault?

Criminal sexual assault in Illinois, or rape, is charged when an individual commits an act of sexual penetration against another person without their consent. Criminal sexual assault is also charged in cases where the victim is not able to give consent, such as when the victim is intoxicated, mentally disabled, underage, or otherwise legally unable to give consent to have sex.

November 27, 2015

Happy Holidays: Ticket and Tax Amnesty for Chicagoans!

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

Two parking tickets, tucked beneath a single windshield wiper, await a likely angry driver when he returns to his vehicle on a street in downtown Doylestown PA. 2008-04-05.

Great news, if you are an individual or a business that owes debt to the City of Chicago. The city has announced that it will be running an amnesty program, referred to in the 2016 Budget as a Debt Relief Program, that will forgive eligible debt. Some driving-related debts are waivable under the program, including penalties and fines associated with parking tickets and moving violations. There are also non-driving debts and even tax debts eligible for inclusion in the Debt Relief Program. This program will not last long, and if you can, you should take advantage of it as soon as possible. The amnesty program begins on Sunday, November 15, 2015 and ends on December 31, 2015.

What Types of Tickets Qualify for Amnesty?

November 25, 2015

The Most Common Defenses to Drug Crimes

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

Whether you are facing charges of possession of a controlled substance or illicit drug, or you have been charged with trafficking with the intent to sell or distribute illegal drugs, there are many legal defenses available to you. Depending on which, if any, is applicable, you can greatly reduce the severity of your sentence, especially if it is your first offense. Some of the key defenses are discussed here.

Denial of Ownership

Denying ownership is the common defense put forth in a drug crime and is often quite successful. You should not claim ownership of any drugs if you are searched or your premises are searched, or if you are in a place the police raid and drugs are found; instead you should exercise your right to remain silent and immediately contact an attorney.

November 20, 2015

Are You Being Charged with Stalking in Chicago?

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

Harassment and stalking allegations are emotionally laden, complex charges to be facing at what is probably already an extremely difficult time in your life. In addition to whatever stressful situation led to the alleged criminal behavior in the first instance, you are now facing serious criminal charges. The Illinois legislature has passed extremely broad laws to curb harassment and stalking – sometimes overbroad. If you find yourself tangled up in this confusing and intricate web of laws, you need to talk to an experienced Chicago stalking defense attorney about how to defend against these charges.

Harassment in Illinois

Harassment in Illinois is defined as making an obscene or indecent comment or request to another with the intention to offend, threaten, or annoy them. It need not be face to face. You can be charged with harassment for telephone, email, text, and other communications. You can even be charged with harassment without speaking to the other person. For example, if someone repeatedly calls and hangs up on another without ever saying a word, that could rise to the level of harassment.

November 18, 2015

Felony Murder: When Self Defense is No Defense

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

First-degree murder carries the highest sentence of any single crime in all of Illinois and is subject to the mandatory minimum statute. This means that those convicted are almost guaranteed at least a 20-year prison term, and if a gun is used the mandatory minimum jumps to 45 years. Felony murder is a one type of first-degree murder.

If someone dies during the commission of a forcible felony, those committing the felony can be charged with first-degree murder. You can be charged with felony murder even if the person died accidentally or was killed by someone else, as long as a forcible felony was being committed at the time. Illinois prosecutors have even successfully brought felony murder charges in situations where a co-felon was killed by the police. A forcible felony is defined as sexual assault, robbery, burglary, arson, kidnapping, aggravated battery, and any other felony that involve the use of or threat of physical force or violence.

Self-Defense Claims are Unavailable

November 13, 2015

The Heroin Crisis Act

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

Illinois is ahead of much of the country on taking an innovative approach to dealing with heroin addiction with the passage of The Heroin Crisis Act (The Act). The Act follows the lead of the Chief of Police in Gloucester, MA, and instead of treating people charged with heroin possession as criminals, offers treatment for their addiction.

The Act increases funding for drug education, as well. It also establishes a prescription drug refund program and expands the coverage of rehabilitation programs to be included under Medicaid. The law requires all pharmacies to dispense an opioid overdose antidote like naloxone to drug users and their loved ones without discrimination, and firemen, police officers, and school nurses must now carry the drug and receive training on how to administer the drug in the appropriate manner. Naloxone is a drug that effectively reverses the effects of a heroin overdose and saves lives.

The Law