Chicago Criminal Lawyer Blog

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?

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?