Chicago Criminal Lawyer Blog

April 4, 2018

Charges and Penalties for Possession of a Firearm in Chicago

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

Chicago law makes a distinction between merely possessing a firearm illegally and using a legal firearm for illegal purposes. If the crime is of unlawful shooting whilst in possession of an illegal firearm, the penalties are increased. This is because it is considered to be an aggravating factor to use an illegal firearm to commit any crime under the provisions of the handgun law.

To be absolutely clear, a person in Chicago can be prosecuted for both possessing an illegal firearm and using a legal firearm to commit a crime. Because Chicago has been dubbed the “Gun Crime Capital of the World,” the authorities are anxious to ensure that crimes of gun violence are severely punished. That is not to say that Chicago is willing to engage in full gun control.

For example, the illegal possession of a handgun is a Class 4 Felony in Chicago and can carry a term of imprisonment of up to three years. The possession of other firearms is considered to be a Class A misdemeanor, which could lead up to a year in jail as well as a fine of up to $2500. Your lawyers may be able to negotiate a plea to a lesser charge.

March 30, 2018

Censorship Law and the Rules of the Illinois Department of Corrections

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

Some people are arguing against what they perceive to be unnecessary censorship by the authorities when writing prison rules. The department of corrections in Chicago has very strict rules for what can be brought into its prisons. The reasons for this range from security to discipline. In any case, some prison authorities believe that being sent to prison should always be a form of punishment rather than allowing the convict to have any form of pleasure, however small it may be.

There are those who come from a human rights perspective who argue that prisoners do not lose their fundamental rights just because they are incarcerated. They argue that unless there is clear evidence of an illegal activity or a security risk, the prisoners should be able to access media materials. Of course that is a complicated system when dealing with offenders such as those facing weapons charges and sex offenders who may use the access to the media in order to continue committing crimes.

Lawsuits Against the Prison Service in Chicago

March 28, 2018

Details of Defense Against Felony Drug Charges

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

Although drug crimes have the potential to either be a felony or a misdemeanor, it is when you are charged with a felony that you will most want to present some sort of defense for yourself. As you may know, your trial must begin within 120-160 days of your arrest, which may be giving you a false sense of time. This is due to the fact that you must file your challenge against your conviction within 30 days or else you might miss the opportunity to seize your right to appeal completely.

Drug Offenses

According to research, the following is a list of the top three felony drug offenses in Illinois:

March 23, 2018

Carjackings Surge in Chicago

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

Law enforcement officers are cracking down heavily on carjacking cases in Chicago. The stiff sentence given to the accused in a violent November carjacking is a prime example. Another similar case of carjacking involved the car of a retired cop in Chicago. There have been several such cases in the past year alone.

Carjacking is increasingly becoming a menace in Chicago. The federal authorities are showing a keen interest in punishing the offenders. This further increases the conviction chances for the offenders.

Carjacking Crimes in Chicago

March 21, 2018

How to Make a Complaint Against Police and Judges in Chicago

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

There are two separate accountability offices in Chicago – one for judges and one for the police. The aim of putting these offices in place is to ensure that members of the public can make a complaint about a police officer or a judge without fearing that they would face retaliation. Moreover, the judge or police officer also get some protection because they know that the complaint will be carefully investigated and the right action taken to ensure justice. The Kalven case showed the importance of reporting early and accurately when an officer has acted in an illegal manner.

Previously, many members of the public were suffering in silence because they feared that the influential officers they complained about had the power to take actions against them. For example, some worried that their cases would not be heard fairly or that the police would plant evidence on them. There were even examples of police beating up and harassing people who dared to complain about them. All this has changed with the introduction of the two accountability offices and increased public access to the records.

Complaining About the Police

March 16, 2018

Foreign Born Felons Facing Deportation in Chicago

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

After being elected, President Trump vowed to deport illegal immigrants with criminal records. A series of executive actions taken by him in his inaugural year suggest that the president will widen the net to all immigrants, regardless of whether or not they have a criminal history. President Trump’s plans have led to huge uncertainty for thousands of undocumented people living in the US.

While a few of them may be facing criminal charges, it is likely that many fear that they could be deported from the country they call home. Let’s discuss the plight of such undocumented US residents in detail.

Afghanistan Veteran Faces Deportation Over Drug Conviction

March 14, 2018

When Does a Burglary Become a Serious Felony in Chicago?

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

Burglary denotes illegal entry into a building with the intention of stealing property or money. In reality, burglary covers several possible circumstances. The recent burglary attempt in Naperville is one such instance. An 18-year-old and three other teens were involved. Charges of burglary can result in serious charges, depending on the situation.

Burglary as a Criminal Offense

Illinois law has listed several situations that constitute burglary. For instance, illegal entry can signify gaining entry under false pretenses. Normally, Class 2 felony is the sentence given for burglary. This can lead to a prison term of three to seven years, depending on the case.

March 9, 2018

Establishing Motivation in Hate Crimes: Chicago Court Systems

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

Proving a hate crime occurred in Chicago means proving motivation. The victim assistance team will always investigate the possibility of a hate crime if they are involved in the prosecution case. The court will normally make inferences or conclusions about the true motives of the accused depending on what they said and did. Ideally the court might want to be able to know what they thought as they planned and committed the crime, but this is not yet possible.

Because it is hard to tell what a human being is thinking, the hate crime legislation has sometimes gotten into trouble with constitutional experts. Some of these experts feel that the laws end up preventing freedom of speech and expression. Others argue that just because someone is a racist or bigot, does not mean that every crime he or she commits is motivated by racism and bigotry.

Court Principles for Understanding Testimony

March 7, 2018

How Criminal Law in Chicago Treats Veterans With PTSD

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

It is believed that Post Traumatic Stress Disorder, or PTSD, affects as much as 7.7 million American adults. The Department of Veteran Affairs estimates that 20% of those suffering from PTSD are Iraq war veterans. There are 20.4 million veterans living in the United States today. Their services span the last 100 years. With a population this large, it is not uncommon to meet veterans who have served in multiple wars, meaning that of those 7.7 million Americans who suffer from PTSD, a large number could be multiple war veterans.

PTSD is described as a disorder that can occur after having suffered a traumatic event. Symptoms can arise shortly after the traumatic event but some have reported symptoms manifesting several months to years later. Symptoms include reliving the event that induced trauma, avoiding situations reminiscent of the trauma, depression, and hyperarousal (being jittery, always on the alert, irritability, aggression). Considering the events that may occur during war, it is no surprise that war veterans may show symptoms of PTSD. Life for veterans who have been discharged or served out their time of duty can be difficult enough without PTSD; adding the disorder can make life complicated, and as a result, these affected individuals sometimes turn to activities that are in conflict with the law.

Behaviors such as alcoholism and public outbursts due to triggers are only some of the actions that can mark a veteran as a target of the police. For example, upon returning from duty in Iraq, veteran Christopher Lee Boyd grew irritable and paranoid. In an attempt to protect his family, he began to carry a gun. He became prone to drinking himself to sleep in order to avoid nightmares related to his memories of the war. After having spent one entire day drinking, he remembers waking up in a police car headed to prison. Boyd was told by the cops that he ended up at a party and shot one of his friends in the chest. Luckily, his friend survived, but Boyd was sentenced to five years behind bars.

March 2, 2018

Understanding the Electronic Court System in Chicago

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

The United States is one of the few countries with a judicial system founded on the principle of democracy. This system of justice offers us an orderly and peaceful way to decide criminal cases. Additionally, the judicial system punishes the ones found guilty, resolves civil disputes, and protects our civil rights. Thus, the judges in Chicago have to uphold the United States Constitution and the Constitution of the State of Illinois. This is by interpreting and enforcing laws in individual cases. These judges and staff are always ready to do what it takes to maintain a court system that meets the highest standards of judicial performance.

One of the most notable changes and commitments is the introduction of electronic court systems in Chicago. This is not a new thing, especially for the federal court system, which went paperless more than 15 years ago. But, switching to the electronic court system is still a change that has dragged on in most circuit courts. Currently, you might even see some Chicago Circuit Court clerks spending their time carrying stacks of folders.

After years of relentless lobbying by frustrated attorneys, Chicago was able to take a step forward and join other counties in the digital world. This is ensuring that most of the businesses of the courts are done online, embracing electronic court systems.