Chicago Criminal Lawyer Blog

April 8, 2024

What to Do When Police Want to Enter Your Home Without a Warrant

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

The Fourth Amendment of the U.S. Constitution grants every citizen the right to be secure in their own homes. This protection means that law enforcement officers are generally required to have a warrant to enter and search your home. However, situations arise where police may appear at your doorstep seeking entry without presenting a warrant. Knowing how to handle these situations can significantly impact your privacy and the outcome of any potential legal issues.

The Requirement for a Warrant

Generally, the law requires police to obtain a warrant before entering a private residence. This warrant must be issued by a judge or magistrate and based on probable cause, with sworn statements from the police indicating that evidence of a crime is likely to be found in the home. The warrant also specifies the areas to be searched and the items police are seeking. Without such a warrant, police entry into your home is considered illegal unless certain exceptions apply.

April 7, 2024

Evaluating the Need for Legal Representation When Questioned by Police

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

When approached by law enforcement with requests for questioning, whether related to an incident you may have witnessed or involving questions about your activities, the situation can be highly stressful and intimidating. Many people often wonder whether it is necessary to have legal representation in such instances. This article aims to clarify the benefits and reasons why securing an attorney in such situations is not only advantageous but often crucial.

Legal Rights and Police Questioning

The right to legal representation is foundational in the United States, deeply embedded within the Fifth Amendment, which protects against self-incrimination, and the Sixth Amendment, which guarantees the right to counsel. These protections are designed to ensure that individuals do not inadvertently compromise their legal standing or disclose information that could be used against them in criminal proceedings.

April 6, 2024

Top DUI Defense Strategies When Arrested for DUI in Chicago

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

Facing a DUI charge in Chicago can be a challenging and intimidating experience. The implications of a conviction are severe, potentially affecting one’s employment, finances, and personal freedom. It is crucial for individuals accused of driving under the influence to understand the defense strategies that can be employed to challenge the prosecution’s case. This understanding can significantly impact the outcome and potentially lead to charges being reduced or even dismissed.

Analyzing the Traffic Stop and Arrest Procedures

Legality of the Traffic Stop:

April 5, 2024

What Happens After You Get Your First DUI in Illinois?

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

Receiving a DUI (driving under the influence) charge can be a significant and life-altering event, especially for someone with no prior offenses. Illinois treats DUI offenses with a high level of seriousness, especially due to the potential harm that impaired driving can cause to the public. Understanding what to expect after getting your first DUI in Illinois is crucial for preparing to handle the proceedings and minimizing the impact on one’s life.

Potential Immediate and Long-Term Consequences of a First DUI

Initial Arrest and Legal Proceedings:

April 3, 2024

Law Enforcement Tactics: What Chicago Police Don’t Want You To Know

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

In urban settings like Chicago, law enforcement officers often use a variety of tactics to manage crime effectively and efficiently. While many of these methods are necessary for maintaining public safety, some practices and strategies are not widely known to the public. This article aims to shed light on some of these lesser-known tactics. Understanding these methods can empower residents and help maintain a balanced relationship between the public and the police. Here, we will explore the top ten tactics used by law enforcement in Chicago that are generally not disclosed to the public.

Key Tactics Employed by Chicago Police

Use of Decoy Operations: One of the less discussed methods involves the use of decoy operations. Chicago police have been known to employ undercover officers to catch criminals in the act. These officers may pose as potential targets for theft or act as drug buyers in areas known for narcotics sales. The purpose is to directly engage criminals, which can be highly effective but also controversial as it raises questions about entrapment and the provocation of crimes that otherwise might not have occurred.

April 3, 2024

Understanding When Police in Illinois Can Act Without a Warrant

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

Overview of Warrantless Actions by Law Enforcement

The Fourth Amendment of the U.S. Constitution protects citizens from unreasonable searches and seizures, generally requiring that police obtain a warrant before conducting a search or making an arrest. However, the law also recognizes several exceptions where police actions do not require a warrant. These exceptions are designed to balance the need for public safety with individual rights. In Illinois, as in other states, these exceptions are particularly nuanced, given the state’s specific legal statutes and case law.

It is crucial for residents to understand these exceptions to better assert their rights and understand the limits of police authority. This knowledge can be particularly valuable in situations where quick judgment calls are necessary — both for police officers and the individuals they interact with.

April 2, 2024

The Legal Realities of Police Deception Regarding Warrants

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

Understanding Police Powers and the Role of Warrants

When it comes to interactions between law enforcement officers and the public, the issue of trust and legal boundaries is paramount. One common question that arises is whether police can lie about having a warrant during an investigation or when attempting to gain entry into a home or business. The answer to this question touches on several fundamental aspects of legal rights, police authority, and the protections afforded to individuals under the U.S. Constitution.

A warrant is a legal document issued by a court or magistrate that authorizes police to take certain actions, such as conducting a search or making an arrest. The requirement for a warrant is rooted in the Fourth Amendment, which protects citizens against unreasonable searches and seizures. This means that in most cases, police need a warrant to search your home or other private premises.

April 1, 2024

Challenging Blood Alcohol Concentration (BAC) Evidence in Illinois DUI Cases

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

The Significance of BAC in DUI Prosecutions

In Illinois, as in other states, driving under the influence (DUI) charges are taken very seriously. Central to most DUI cases is the measurement of Blood Alcohol Concentration (BAC), which quantifies the amount of alcohol in a person’s bloodstream. The legal BAC limit for drivers in Illinois is 0.08%. A measurement above this threshold typically forms the cornerstone of the prosecution’s case, often leading to a presumption of impairment.

The importance of BAC evidence cannot be overstated. It directly influences the legal process from the initial arrest and charges to the court proceedings and the final outcome. However, despite its critical role, BAC evidence is not infallible. Various factors can affect the accuracy of BAC testing, providing potential avenues for challenging such evidence in court.

October 13, 2023

Youth Pastor Accused of Sexually Assaulting and Robbing Women

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

A 36-year-old youth pastor is accused of sexually assaulting and robbing women. The crimes are alleged to have occurred with the same modus operandi. The pastor would approach a woman, begin talking to her, and attempt to lure her to his car. If she refused, the pastor would rob the woman, and in at least two cases, he sexually assaulted them.

Police say that the 36-year-old youth pastor targeted a 44-year-old woman in 2300 block of East 79th Street, a 58-year-old woman in the 400 block of West 113th Street, and a 45-year-old woman in the 10200 block of South Wentworth Avenue. He is further accused of sexual assault against a 47-year-old woman in 12300 block of South Emerald Avenue and a 34-year-old woman in 9300 block of South Lyon Avenue. All of the assaults occurred between June and July of 2023.

One of the cases involved a homeless woman who accepted a ride from the defendant. Police allege that he sexually assaulted the woman at knifepoint before stealing her belongings. Police found the victim’s ID and credit cards inside of the suspect’s car.

October 11, 2023

Chicago PD Investigated Over Sexual Misconduct With Asylum Seekers

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

The Chicago police department is currently under investigation over sexual misconduct with asylum seekers who recently came to the area seeking refuge from their country of origin. In one case, an officer is accused of impregnating an 18-year-old refugee. A report indicates that one officer had sex with an underage female migrant and that other officers also had sexual relationships with refugees.

The city of Chicago has received 14,000 asylum seekers over the last year. While many have been accommodated with housing, at least 2,000 are living on floors of nearly every police precinct across the city. Some are sleeping at airports. In some cases, the immigrants were bussed there by Texas authorities, who refused to accommodate the migrants.

Investigations began in July after one city employee claimed to have first-hand knowledge of sexual misconduct. This prompted city officials to move the asylum seekers to another location. The Civilian Office of Police Accountability, in a turn of events, stated that no asylum seekers had stepped forward with allegations of sexual misconduct. COPA said the investigation would continue, but there have been no updates since then. It does not appear that anyone has been charged with a crime thus far, despite the allegations.