Chicago Criminal Lawyer Blog

June 7, 2024

Federal Use of a Firearm in a Crime of Violence or Drug Trafficking Crime under 18 U.S.C. § 924(c)

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

As an experienced criminal defense attorney in Chicago, I understand the gravity of facing federal charges, especially those involving firearms. One of the most severe and complex charges under federal law is the use of a firearm in a crime of violence or drug trafficking crime, governed by 18 U.S.C. § 924(c). This statute imposes harsh penalties and can significantly increase the severity of the underlying offense. In this article, I will provide a detailed overview of the statute, relevant laws, potential penalties, common defenses, and the importance of having skilled legal representation.

Understanding the Statute and Relevant Laws

18 U.S.C. § 924(c) is a federal statute that specifically addresses the use of firearms in connection with crimes of violence or drug trafficking offenses. The statute mandates severe penalties for individuals who use, carry, or possess a firearm during and in relation to any crime of violence or drug trafficking crime. The law is designed to deter the use of firearms in these serious offenses and to impose additional punishment on those who do.

June 6, 2024

Predatory Criminal Sexual Assault of a Child under 720 ILCS 5/11-1.40

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

Being charged with predatory criminal sexual assault of a child is an incredibly serious and life-altering event. Illinois law, specifically 720 ILCS 5/11-1.40, addresses instances of sexual penetration involving a child under 13 by someone aged 17 or older. These criminal charges are extremely severe, carrying both significant legal and social consequences. As an experienced criminal defense attorney in Chicago with extensive experience, I aim to provide a thorough understanding of this statute, the relevant legal framework, and the possible defense strategies.

Understanding the Statute and Relevant Laws

Under 720 ILCS 5/11-1.40, predatory criminal sexual assault of a child is defined as an act of sexual penetration by an individual 17 years or older with a child under 13. In Illinois, sexual penetration includes any contact, however slight, between the sex organ or anus of one person and an object, the sex organ, mouth, or anus of another person, or any intrusion, however slight, of any part of the body into the sex organ or anus of another person. This broad definition encompasses a wide range of sexual acts, making the statute stringent and far-reaching.

June 5, 2024

Enhanced Penalties for Illinois Commercial Drivers: Stricter BAC Limits and Penalties

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

As a seasoned DUI defense attorney in Chicago, I understand the significant responsibilities that come with holding a commercial driver’s license (CDL). Commercial drivers operate large and potentially hazardous vehicles, which makes safety a paramount concern. Consequently, commercial drivers are subject to stricter blood alcohol concentration (BAC) limits and enhanced penalties compared to non-commercial drivers. These enhanced regulations are designed to ensure the highest level of safety on the roads, but they also mean that commercial drivers face more severe consequences for DUI offenses. In this article, I will discuss the relevant statutes, the stricter BAC limits, the potential penalties, and provide answers to frequently asked questions about DUI laws for commercial drivers.

Relevant Statutes and Stricter BAC Limits

In Illinois, the legal framework governing DUI offenses for commercial drivers is primarily found in the Illinois Vehicle Code (625 ILCS 5/). Specifically, 625 ILCS 5/6-515 outlines the prohibitions and penalties for commercial drivers who are found to be driving under the influence. Under this statute, a commercial driver is prohibited from operating a commercial motor vehicle with a BAC of 0.04% or higher. This is significantly lower than the 0.08% BAC limit for non-commercial drivers, reflecting the higher safety standards imposed on those who operate larger and more dangerous vehicles.

June 4, 2024

Aggravated DUI Criminal Charges in Illinois

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

As an experienced criminal defense attorney in Chicago, I understand the profound impact that aggravated DUI charges can have on your life. DUI, or driving under the influence, is a serious offense in Illinois, but when certain aggravating factors are present, the charges and penalties become significantly more severe. Aggravated DUI charges carry harsher consequences, including longer jail sentences, higher fines, and more substantial long-term impacts on your personal and professional life. In this article, I will provide detailed information about aggravated DUI charges in Illinois, the relevant statutes, potential penalties, and common questions related to these charges.

Understanding the Statute and Relevant Laws

In Illinois, DUI offenses are primarily governed by 625 ILCS 5/11-501. This statute outlines the legal definition of driving under the influence and the penalties associated with DUI offenses. According to 625 ILCS 5/11-501, a person commits DUI when they drive or are in actual physical control of a vehicle while under the influence of alcohol, drugs, or a combination thereof, to a degree that renders them incapable of safely driving. A blood alcohol concentration (BAC) of 0.08% or higher also constitutes DUI.

June 3, 2024

Can You Get a DUI If You Weren’t Driving in Illinois?

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

As an experienced criminal defense attorney in Illinois, I’ve encountered numerous situations where individuals were charged with driving under the influence (DUI) even though they weren’t actually driving. Illinois DUI laws are stringent and can sometimes be applied in circumstances that might surprise you. Understanding these laws and how they can impact you is crucial if you find yourself facing a DUI charge without having been behind the wheel. This comprehensive guide will explain the relevant statutes, potential penalties, common defenses, and the importance of having skilled legal representation.

Understanding the Statute and Relevant Laws

Illinois law on DUI is primarily governed by 625 ILCS 5/11-501. This statute makes it illegal for anyone to operate or be in actual physical control of a vehicle while under the influence of alcohol, drugs, or a combination thereof. The term “actual physical control” is crucial here, as it extends the scope of DUI charges beyond just driving.

June 2, 2024

What Should I Do if I Am Arrested for a Probation Violation in Illinois?

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

As an experienced criminal defense attorney in Chicago, I understand that being arrested for a probation violation can be a frightening and confusing experience. Probation is often seen as a second chance, a way to avoid jail time while still being held accountable for your actions. However, violating the terms of your probation can result in severe consequences, including the possibility of incarceration. In this comprehensive article, I will provide detailed information on what to do if you are arrested for a probation violation in Illinois. I will discuss the relevant statutes, potential penalties, common defenses, and the importance of having skilled legal representation.

Understanding the Statute and Relevant Laws

In Illinois, probation violations are governed by several statutes within the Illinois Compiled Statutes (ILCS). Specifically, 730 ILCS 5/5-6-3 outlines the conditions of probation and the circumstances under which probation can be revoked. Probation is a court-ordered period of supervision over an offender, as an alternative to serving time in prison. It often comes with specific conditions that must be adhered to, such as regular meetings with a probation officer, participation in counseling or treatment programs, maintaining employment, and avoiding further legal trouble.

June 1, 2024

The Most Common Types of PPP Loan Fraud

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

As a seasoned Chicago criminal defense attorney, I have witnessed the myriad ways in which financial misconduct can manifest, especially during times of economic upheaval. The Paycheck Protection Program (PPP), established to provide relief to businesses affected by the COVID-19 pandemic, unfortunately, has also become a fertile ground for fraud. Understanding the most common types of PPP loan fraud is crucial not only for those facing allegations but also for the broader community to comprehend the legal landscape surrounding these offenses.

Understanding the Statute and Relevant Laws

The Paycheck Protection Program was enacted under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which was signed into law on March 27, 2020. The program aimed to provide small businesses with funds to keep their workforce employed during the pandemic. Administered by the Small Business Administration (SBA), the PPP offered forgivable loans to businesses under specific conditions, primarily related to the maintenance of payroll.

May 31, 2024

Top 10 Reasons Why You Need a DUI Attorney After Being Arrested for DUI in Illinois

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

Being arrested for DUI in Illinois is a serious matter that can have far-reaching consequences. Understanding the importance of having a skilled DUI attorney by your side is crucial. As a seasoned criminal defense attorney with decades of experience, I’ve seen firsthand how the right legal representation can make a significant difference in the outcome of a case. Here, we’ll explore the top 10 reasons why hiring a DUI attorney is essential if you’ve been arrested for DUI in Illinois.

Understanding Illinois DUI Laws

Illinois DUI laws are complex and can be challenging to navigate without proper legal knowledge. Under 625 ILCS 5/11-501, DUI is defined as operating a vehicle while under the influence of alcohol, drugs, or any intoxicating compound. The statute specifies that a person is considered under the influence if they have a blood alcohol concentration (BAC) of 0.08% or higher, or if they are impaired by alcohol or drugs to a degree that affects their ability to drive safely.

May 30, 2024

Can a DUI On My Record Prevent Me from Getting a New Job?

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

As an experienced criminal defense attorney in Chicago, I have seen firsthand the impact that a DUI conviction can have on an individual’s life. One of the most significant concerns for many of my clients is how a DUI on their record might affect their employment prospects. It’s a valid concern, as employers often conduct background checks and may have reservations about hiring someone with a criminal record. In this comprehensive article, I will explore the implications of having a DUI on your record when seeking new employment, including the relevant statutes, potential consequences, frequently asked questions, and the importance of having skilled legal representation.

Understanding the Statute and Relevant Laws

Driving Under the Influence (DUI) is primarily governed by state laws, and in Illinois, it is addressed under 625 ILCS 5/11-501. According to this statute, a person commits DUI when they drive or are in actual physical control of a vehicle while under the influence of alcohol or drugs, or with a blood alcohol concentration (BAC) of 0.08% or higher. The law also covers driving under the influence of any intoxicating compound, combination of compounds, or a combination of alcohol and drugs.

May 29, 2024

FAQs: Federal DUI Criminal Charges in Illinois

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

Facing a DUI charge is a daunting experience, but when that charge escalates to a federal level, the stakes become even higher. As an experienced criminal defense attorney in Illinois, I have guided many clients through the complexities of both state and federal DUI cases. Understanding when a DUI becomes a federal crime, the relevant statutes, potential penalties, and available defenses is crucial for anyone facing these charges. I will now address the most frequently asked questions about federal DUI charges, providing detailed and helpful information to help you navigate this challenging situation and make informed decisions about your defense.

What Is a Federal DUI?

A DUI, or Driving Under the Influence, is generally prosecuted under state law. However, there are specific circumstances under which a DUI can become a federal crime. A federal DUI occurs when the offense is committed on federal property or affects federal interests. This includes places such as military bases, national parks, federal buildings, and other areas under federal jurisdiction. Additionally, if a DUI involves federal employees, contractors, or affects interstate commerce, it can invoke federal jurisdiction.