Chicago Criminal Lawyer Blog

May 24, 2024

How to Defend Your Child Against Underage DUI Charges in DuPage, Illinois

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

If you or a loved one is facing underage DUI charges in DuPage, Illinois, you are likely feeling a mix of fear, confusion, and uncertainty. As a seasoned DUI defense attorney with decades of experience, I understand the profound impact these charges can have on a young person’s life. Illinois enforces a zero-tolerance policy for underage drinking and driving, which means that any trace of alcohol in an underage driver’s system can lead to severe legal consequences. We will now help you understand the relevant laws, potential penalties, and defenses available to navigate these charges effectively.

Understanding the Statute and Relevant Laws

Underage DUI charges in Illinois are governed by specific provisions within the Illinois Vehicle Code, notably 625 ILCS 5/11-501 and related statutes. These laws outline the legal parameters for DUI offenses and establish strict penalties for underage drivers.

May 23, 2024

How To Defend Against Simple Assault Charges in Illinois

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

Facing a simple assault charge in Illinois can be a daunting and stressful experience. As an experienced criminal defense attorney with decades of experience, I understand the fear and uncertainty that come with these accusations. It’s crucial to have a clear understanding of the charges against you, the relevant laws, and the potential consequences. In this article, I will provide detailed information on how to defend against simple assault charges in Illinois, covering the statute, legal definitions, classifications, potential enhancements, penalties, and common defenses. My goal is to equip you with the knowledge you need to understand your situation and make informed decisions about your defense.

Understanding the Statute

In Illinois, simple assault is defined under Section 720 ILCS 5/12-1 of the Illinois Compiled Statutes. According to this statute, a person commits assault when, without lawful authority, they knowingly engage in conduct that places another person in reasonable apprehension of receiving a battery. Unlike battery, which involves actual physical contact, assault focuses on the threat or perceived threat of harm.

May 22, 2024

Defending Against Accusations of Violation of an Order of Protection in Illinois

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

How to Defend Yourself Against Accusations of Violation of an Order of Protection under 720 ILCS 5/12-3.4(d)

Being accused of violating an order of protection in Illinois is a serious matter that can have far-reaching consequences. As an experienced criminal defense attorney, I understand the anxiety and stress that come with these accusations. It’s crucial to know your rights and understand the legal process to effectively defend yourself against these charges. In this article, I will provide detailed information on how to defend against accusations of violating an order of protection under Illinois law, specifically 720 ILCS 5/12-3.4(d).

Orders of protection are designed to safeguard individuals from harassment, abuse, or threats. However, misunderstandings or false accusations can lead to charges of violating such orders. The penalties can be severe, including fines, jail time, and a permanent criminal record that can impact various aspects of your life. Understanding the statute, legal definitions, classifications, potential enhancements, and possible defenses is essential for mounting a robust defense. By the end of this article, you will have a comprehensive understanding of how to defend yourself against these accusations and why having a skilled attorney is crucial in navigating this complex legal terrain.

May 21, 2024

How to Defend for Your Driving Privileges After a DUI Arrest in Illinois

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

Being arrested for Driving Under the Influence (DUI) in Illinois is a serious matter that can have long-lasting impacts on your life, particularly concerning your driving privileges. The state takes DUI offenses very seriously, and the penalties can be severe, including license suspension, hefty fines, and even jail time. Understanding the legal landscape, potential penalties, and defenses available is crucial for anyone facing a DUI charge. We will explore how to fight for your driving privileges after a DUI arrest in Illinois, focusing on relevant statutes, legal definitions, potential penalties, the criminal justice case process, and common defenses.

Relevant Statutes and Legal Definitions

In Illinois, DUI offenses are governed by several statutes under the Illinois Vehicle Code. The primary statute for DUI is 625 ILCS 5/11-501. Under this statute, a person commits DUI if they drive or are in actual physical control of a vehicle while:

May 20, 2024

What to Do When Stopped by Police and They Ask to Search Your Vehicle

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

Being pulled over by the police can be a stressful experience, especially if they ask to search your vehicle. It’s essential to know your legal and constitutional rights to ensure you handle the situation appropriately. Here’s a guide on what to do when faced with this situation, focusing on your rights and the steps you should take to protect yourself.

Understanding Your Legal and Constitutional Rights

When the police stop you and ask to search your vehicle, several legal and constitutional protections come into play. Knowing these rights can help you make informed decisions and safeguard your interests.

May 20, 2024

What to Do When Being Questioned by Police

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

Being questioned by the police can be a daunting and stressful experience, regardless of whether you are a witness, a person of interest, or a suspect. It’s essential to know your rights and take the necessary steps to protect yourself. Proper preparation, understanding your legal rights, and having an attorney present are crucial components of navigating a police interview. Here’s what you need to know to ensure your rights are safeguarded during this process.

Preparing for a Police Interview

Preparation is key when it comes to interacting with law enforcement. Here are some steps you can take to prepare for a police interview:

May 18, 2024

DUI Hit-and-Run Charges in Illinois

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

Facing a DUI hit-and-run charge in Illinois can be a daunting experience. The combination of driving under the influence and leaving the scene of an accident where there may be injuries or property damage significantly compounds the legal consequences. This detailed analysis aims to clarify the statutes, legal definitions, processes involved, and the penalties that may ensue, helping those accused understand their rights and the complexities of their situation.

Understanding DUI and Hit-and-Run Laws in Illinois

In Illinois, a DUI hit-and-run is governed by two main statutes: 625 ILCS 5/11-401, which pertains to leaving the scene of an accident involving personal injury or death, and 625 ILCS 5/11-501, which addresses driving under the influence of alcohol, drugs, or intoxicating compounds. When these two offenses coincide, the legal stakes are significantly elevated.

May 17, 2024

Chicago Aggravated Driving Under the Influence with a Child Passenger Defense Lawyer

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

Understanding 625 ILCS 5/11-501(c)(3): Aggravated Driving Under the Influence (DUI) with a Child Passenger

Driving under the influence (DUI) is a serious offense with severe consequences, but the stakes become significantly higher when the offense involves a child passenger. Illinois law, specifically 625 ILCS 5/11-501(c)(3), addresses aggravated DUI when a driver is found to be under the influence of alcohol or drugs while a child under the age of 16 is present in the vehicle. This statute underscores the state’s commitment to safeguarding children from the dangers associated with impaired driving. It enhances penalties to reflect the heightened risk and responsibility associated with transporting minors. This article provides a comprehensive overview of the statute, its definitions, potential punishments, defenses, and frequently asked questions to help you understand the gravity of this charge and how to handle it.

The Statute and Definitions

May 16, 2024

Chicago Possession with Intent to Deliver on School Grounds Lawyer

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

Understanding Illinois Controlled Substances Act 720 ILCS 570/407(b)(1): Possession with Intent to Deliver on School Grounds

Illinois has strict laws to deter drug-related activities, especially near schools. The Illinois Controlled Substances Act, specifically 720 ILCS 570/407(b)(1), focuses on the possession of controlled substances with the intent to deliver on school property. This statute underscores the state’s commitment to protecting children and maintaining safe educational environments. The law enhances penalties for drug offenses occurring on school grounds, reflecting the gravity of these crimes and their potential impact on students and communities.

The Statute and Definitions

May 13, 2024

How to Defend Yourself Against Drug Possession in a School Zone Charge in Chicago

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

Drug possession charges in Chicago are serious under any circumstances, but they become significantly more severe when they occur in a school zone. The penalties are tougher, and the social stigma can be devastating. This comprehensive guide provides an overview of defending against drug possession in a school zone charges in Chicago, including an understanding of relevant Illinois statutes, the legal process, and effective defense strategies.

Understanding Drug Possession Charges in a School Zone

Under Illinois law, specifically 720 ILCS 570/407(b), the penalties for drug possession are enhanced if the offense occurs within 1,000 feet of a school, including public or private elementary or secondary schools, or any area designated as a school zone. This statute aims to protect students from the dangers associated with drug activities, reflecting a societal commitment to ensure safe educational environments.