Chicago Criminal Lawyer Blog

April 5, 2023

Should You Represent Yourself in Court?

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

You have been charged with a crime, and you have been summoned to court. Whether it is a traffic violation, a misdemeanor that resulted from a bar fight, or even a low-level drug possession issue, attorney representation can be a significant expense. Now, you are attempting to decide whether you can manage your defense on your own without hiring a lawyer.

Those that represent themselves in legal proceedings on their own behalf are referred to and appear as “pro se” litigants. While most persons do not have real-time courtroom experience—especially as a defendant—many feel that they have gained valuable knowledge from movies and TV shows and therefore understand courtroom mechanics. Possibly the most famous pro se litigant was Robert Kearns, the inventor of the intermittent windshield wiper who prevailed in court against the giant Chrysler corporation. If someone like the non-legally trained engineer Kearns could be successful in a big-time courtroom setting, why not skip the lawyer expense and handle your case yourself?

Pro Se Representation Advantages

March 30, 2023

FBI Uses “Cop City” Protests to Surveil Activists

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

The “Cop City” protest group in Atlanta involved recruitment and awareness efforts in Chicago via a Twitter account and group meetups. In this case, the activists were opposed to the destruction of a public park and an 85-acre urban forest in Atlanta that was earmarked for use as a police training center. The area was thenceforth known as “Cop City.”

The activism efforts spooked the FBI even though there was no evidence that the group did anything more than raise awareness about the destruction of an urban forest and hold meetings to discuss social and environmental issues. Nonetheless, the FBI snooped on the activists and dedicated federal funds to the effort of stopping “anarchist extremism.”

Documents, which failed to indicate anyone in the group did anything illegal, characterize the individuals as “violent anarchist extremists” and “violent environmental extremists,” but there is no evidence to buttress those allegations.

March 28, 2023

18-Year-Old Charged in Murder of Police Officer

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

A Chicago man charged with shooting and killing a Chicago police officer is being held without bond. The man is charged with two counts of first-degree murder, among other things. He did not have a criminal history, according to police, but his reputation for gangsterism preceded him. The young man was suspected of running from a stolen car after a shooting. In that case, police had sought felony charges, but prosecutors only approved misdemeanor charges based on his age and arrest record. In the shooter’s case, the charges were eventually dropped after he completed 20 hours of community service. His age and lack of criminal record were cited as reasons to be lenient.

Now, the prosecutor’s office is in big trouble after the boy shot and killed a police officer. Today, law enforcement is caught between two pressures. The first is ensuring that young individuals have a chance to rehabilitate themselves. The second is ensuring the safety of the public and police officers. Every time something like this happens, the pendulum swings back toward less leniency.

Analyzing the Enforcement Issues

March 24, 2023

Chicago COVID Testing Lab and Owner Indicted on $83M Fraud

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

Bilking government agencies of publicly disbursed entitlements is now a national pastime, and when COVID struck, it only got worse. As Uncle Sam began rolling out one relief program after another, several bad actors moved into place to see how much of that money they could get without doing anything in return. These lawsuits are still being filed as the forensic number-crunchers at the IRS track down the information provided by individual applicants. In this case, briefly reviewing the records resulted in the numbers not adding up, and now one individual is facing charges for $83 million in losses.

The laboratory’s co-owner has been charged with 10 counts of wire fraud and one count of stealing government funds.

How Did the Fraud Work?

March 22, 2023

Teen Charged After Kia Joyride Injures Two Officers

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

A Chicago teen is facing criminal charges after stealing a Kia at gunpoint and taking it on a joyride. The vehicle eventually crashed into a police car and spun out into a parked car. The three teens inside the vehicle took off in different directions, but police were able to apprehend each of them. One of them had a gun. The victim was a 16-year-old girl. The suspect has been charged with armed robbery and criminal trespass to a vehicle. Both officers injured in the crash are expected to make a full recovery.

This particular teen will be charged as an adult. Charging documents have already taken off many of the worst allegations that can be made. The law likes to give 17-year-olds a chance to rehabilitate their lives. Unfortunately, prison is not the place for that. However, when it comes to 17-year-olds who commit violent crimes, most jurisdictions will pursue adult charges.

However, Chicago is once again in a swing toward “tough on crime” politics as news of crime draws criticism from the public.

March 17, 2023

Tyre Nichols’s Death Prompts Investigations

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

More than a dozen police and firefighters from the Memphis, TN, police department are under investigation after the death of a 29-year-old man. It is not entirely clear what happened, but Nichols attempted to break away from the police officers, and they simply beat him to death. Ultimately, it sounded like the man had a panic attack, and the police killed him because he was not following instructions. The incident has resulted in second-degree murder charges filed against the officers, and now, several more are under investigation for the cover-up that occurred afterward.

We say a “few bad apples” without actually completing the thought. A few bad apples literally spoil the bunch. In this case, maybe one or two guys initiate violence against an unarmed man, killing him, but they’re so void of emotional control that they do not realize it was bad until after the man is on his way to the grave. They have left bodycam footage and evidence trail a mile wide. But they are not dead yet. They still control the information. So, they beg other officers to intervene on their behalf, and now those guys are out of a job, facing criminal charges, and will never work in law enforcement again.

The law makes it clear that you are an accessory after the fact (to murder) by engaging in the cover-up. Now, none of these officers were charged as accessories, but once a defense attorney catches wind that a government official has committed official misconduct, that parcel of information will make it into every case in which they are involved. Prosecutors will not be able to use their testimony in court. They are functionally useless to the law.

March 15, 2023

Michigan Prosecutors Advance Charges Against Parents of School Shooter

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

Michigan prosecutors are attempting to advance charges against the parents of a school shooter, claiming that the parents “should have known” that the boy had psychological problems due to his fascination with guns and disturbing drawings.

The idea that we all have the same set of values regarding weapons and horror art is not a smart position to take. Ultimately, the prosecutors need to convince a jury that parents would ultimately consider it within the realm of possibility that their child would commit a mass shooting. Parents rarely ever consider this. We will never know how many mass shootings were stopped by parental intervention, but it happens frequently enough to know that these parents are just as blindsided as the rest of society when their child commits an atrocity.

These parents are not getting a sick sense of satisfaction over the knowledge that their child is going to prison forever. They are devastated and their lives are ruined.

March 10, 2023

Officer Facing Charges After Punching 17-Year-Old Boy

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

One officer is facing charges after several officers allegedly assaulted a 17-year-old boy during an arrest. Essentially, one officer was caught punching the boy repeatedly while the boy was on the ground, and the other officers were caught standing nearby and watching. While the officer who threw the punch is facing charges of aggravated assault and official misconduct, the officers who stood by and watched are not. Nor are they facing disciplinary action.

It is not clear that the bystander police officers could be held responsible for a crime in this instance. Which then got me thinking, what happened to the other two officers in the George Floyd case? The answer: They went to prison. So, let’s analyze that case (which was filed under Wisconsin law), and maybe we can figure out if these officers could be charged with the same thing.

George Floyd Analysis

March 8, 2023

Woman Uses Dead People to Defraud Federal Government

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

A Chicago woman will spend the next five years in federal prison after authorities convicted her of using the identities of dead people to commit fraud against the federal government. According to the authorities, the woman used the identities to apply for benefits, some of which were disbursed during the coronavirus as pandemic aid packages.

The woman acquired the identities of murder victims to pull off the scam. Authorities say it netted over $45,000 in profit. The information was used to file tax returns and pandemic-related entitlements. The woman would pose as relatives of the murder victims to collect payments on their behalf.

Prosecutors characterized the theft as “morally repugnant.” The woman had prior convictions for various forms of fraud. The court, in passing sentence, characterized her as a career criminal who had multiple opportunities to turn away from a life of crime but chose fraud anyway.

March 3, 2023

Feds Secure Guilty Plea in Crypto Winter Reckoning

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

The crypto winter reckoning is upon us, and individuals in thousand-dollar suits are now heading to Club Fed for an extended period after they were accused of fraud and making illegal donations to political campaigns. As of now, everyone around Sam Bankman-Fried, the former CEO of FTX, appears to be going down. The federal authorities have announced plea bargains in some deals, which will benefit the state’s prosecution.

The U.S. government has a vested interest in seeing these individuals pay for rocking the U.S. financial markets when they were already under strain. Many Americans who were afraid of the collapse of the U.S. dollar invested in gold or Bitcoin. Those who used FTX’s brokerage platform had their accounts frozen and are unlikely to recover all of what they once had.

Meanwhile, the chain of bankruptcies caused the value of cryptocurrency to collapse across the board, depreciating investor assets in the process.