Chicago Criminal Lawyer Blog

September 28, 2022

Chicago Man Charged With Weapons, Drug Violations

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

A Chicago man is facing federal charges of unlawful possession of a weapon, unlawful possession of controlled substances, and the use of a weapon in the furtherance of a drug trafficking crime. The defendant was stopped on the CTA Green Line when the weapon and drugs were found. Since the defendant has a previous felony on his record, it is unlawful for him to possess a firearm.

However, the grand jury announcement and arrest report fail to note how the police became aware that the man was in possession of a weapon. What probable cause did they have to search the man in the first place? At this point, it is completely unclear how police became aware that this particular individual was in possession of contraband and illegal weapons.

When this information is not provided in an indictment report, it is likely to become the subject of a probable cause hearing. Generally speaking, police have little cause to approach an individual aboard a train or in a station and demand that they subject themselves to a search. So chances are good here that the defendant has a functional probable cause defense. If he does not, then he is going to have to face these charges and likely be convicted. His freedom thus hinges on how the search was conducted and whether or not the police had probable cause to initiate the search.

September 23, 2022

47 Charged in Scheme to Defraud Pandemic Relief

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

There are 47 defendants in a federal lawsuit filed against the perpetrators of a $250 million scheme to defraud a pandemic-related relief program that earmarked funds for starving children. The Department of Justice announced that it was the largest pandemic relief fraud to date. The defendants have been charged with wire fraud, conspiracy to commit wire fraud, money laundering, and bribery. Federal prosecutors will push hard for maximum sentences as the federal government tends to take it personally when you deprive needy children of necessary food.

The fraud targeted the Federal Child Nutrition Program. The program sends federal funds to state governments to ensure that children in need are provided with daily meals. Each state has its own agency that oversees these federal funds. Reimbursements are conducted on a per-meal basis, and providers are allowed to keep 15% of the disbursed funds for administrative costs. Individual sponsors apply for applications through their state government and then coordinate meal plans with children in need. During the COVID pandemic, the federal government waived some of the requirements allowing for-profit businesses to partake in the program. It also allowed off-site food distribution for children.

The scheme called for the opening of fake food distribution sites to secure federal money from state governments. The fraudsters are accused of opening fake food distribution sites and then lying about how many meals they serve. The defendants created shell companies to take the funds, and then more shell companies to launder the proceeds. They submitted falsified reports to the federal government and fake attendance rosters of children who were served meals. They then used the proceeds to buy luxury items. The defendants used a website that randomly generates fake names and an Excel formula to randomly generate ages between 7 and 17.

September 21, 2022

Police Shooting Leads to Charges Against Two CPD Officers

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

A recent shooting by two Chicago police officers has resulted in charges being filed and a judge’s order to prevent the withholding of a video that captured the event. The Civilian Office of Police Accountability announced plans to release the video to the public. The police union, which is defending the officers, filed a motion to suppress the video, which they say unfairly biases the public against the officers.

Authorities now believe that the two officers lied about being fired on first and actually were the first to shoot. The police claim that the video only shows half of what happened and fails to show a 17-year-old boy in a “two-point stance” holding a gun. No charges have yet been filed against a 17-year-old who was on the scene at the time of the shooting. Another man was hit and critically wounded, but it is unclear if the bullets came from police or the civilian.

COPA says the video was edited to protect the privacy of the minor. It remains unclear if the video shows the minor in a two-point stance holding a weapon and firing on police officers or not. However, State’s Attorney Kim Foxx has stated that the officers lied about being fired on first. Superintendent David Brown concurred with Foxx’s findings that there was no exchange of gunfire prior to the officers opening fire on the suspects. At that point, the 17-year-old did pull a gun on the officers and returned fire. Both officers have been stripped of police duties and are now facing charges for the shooting.

September 16, 2022

Illinois Mines Prisons to Fill Job Vacancies

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

States across the U.S. are seeing labor shortages, perhaps due to COVID-19 or unprecedented job growth in recent years. Nonetheless, there are not enough Americans to fill the vacancies. Where can we find more laborers? Well, legislators are now looking at Illinois’ prisons to see if they can kill two birds with one stone, so to speak.

However, there remain several pitfalls for those released from prison, not the least of which is very few schools will take prison transfer credits. Why would they? Illinois requires that all potential barbers get 1,500 hours of credits before their licensing. This, of course, costs a lot of money. Those coming out of prison would have to pay for the entire 1,500 hours as opposed to transferring their credits from prison to the new school. Right now, very few schools are willing to take transfer credits from prison.

Now, it is becoming clear that reducing requirements, including high school diplomas or GEDs, is necessary to train the next generation of truck drivers, barbers, and other professional trades. Eliminating these barriers would make it easier for everyone to apply for these jobs. It would also cost less to apply for certification. These costs often present a barrier to entry for many of the urban poor who end up relying on banditry to acquire money. When there’s no hope that functioning within the system will result in a positive outcome, then the only option is to operate outside of it.

September 14, 2022

Man Sentenced to 10 Years for Enticement of Minor

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

A 33-year-old Chicago man has been charged with enticement and coercion after blackmailing a Massachusetts teen into sending him pornographic images of herself. By the time he was caught, the man had collected hundreds of images of the teen under the threat of exposing her videos to the public. However, it was the teen who reported the conduct to law enforcement, thus resulting in the perpetrator’s arrest.

The perpetrator has since pleaded guilty to the crime and faces a mandatory minimum of 10 years in federal prison.

Understanding the Allegations

September 9, 2022

Going After the Gangs

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

In September of last year, Chicago police announced they were “going after the gangs” in an apparent bid to reduce crime. However, it is now a year later and the number of shootings and gang-related violence has yet to dwindle. Police Superintendent David Brown said that he wanted it well known, the Chicago police will be going after the gangs. He also mentioned that they would be doing it Constitutionally and without violating anyone’s rights.

Gang violence remains a major problem in Chicago and across the U.S. with gangs handling drug and weapons trafficking and becoming involved in an increasing number of identity thefts. Police struggle to keep up with the problem largely because they have lost control of the territories they patrol. This is not a new phenomenon. The birth of gangs in the U.S. relates to under-policing in certain districts. Instead of paying police for protection out of your tax dollars, you pay gangs for protection. The gangs identify and eliminate potential threats to the community. However, remaining solvent over the years has proven troublesome and the public does not trust the police enough to protect them if they provide information. In terms of hearts and minds, police have lost that battle largely due to abuses committed over the years by Chicago police officers who would have been happier operating out of gangs than within law enforcement. The following are some of the structural problems that allow gangs to thrive in cities.

Hearts and Minds

September 7, 2022

Chicago Contributes 14% of the Nation’s Shootings Over Labor Day

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

With problems concerning “progressive prosecutors” now a major wedge issue in the political arena, you should expect to hear about the weekly number of shootings and murders in Chicago regularly. Are we really that bad, though? What about NYC and Los Angeles? How many people got killed there over the weekend?

Before we answer that question, it is important to understand that Chicago has its own unique problems and these comparisons are never as useful as they seem. However, it appears that Chicago will win the Labor Day contest as to which city contributed the most casualties to the weekend. In most cases, these attacks will be targeted and gang-related. In some cases, stray bullets will hit unintended targets. In other cases, disputes erupt in public that are solved with bullets.

How are Other Cities Doing With Gun Violence?

September 2, 2022

Teen Commits Nine Carjackings in One Day

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

Call Guinness; it’s a new record! A South Side teen committed nine carjackings in one day. He has since been charged with 11 carjackings with a deadly weapon and two counts of damaging government property. No one was injured or killed during these carjackings. Instead, it appears to be an effort to commit as many carjackings as possible in as short a period of time as possible. While the carjacker is under 18, he is likely to be charged as an adult and face substantial prison time. His age will be considered a factor when sentencing him, but he will go to prison for these crimes.

Aggravated vehicular hijacking comes with a potential sentence of between four and 15 years. So, figuring this precocious teen will be sentenced toward the minimum because of his age, he still faces 44 years behind bars. That’s not good. Getting your name into Guinness isn’t a big enough payoff to spend the next 44 years of your life behind bars.

Now What?

August 31, 2022

Former High School Dean Charged With Sexual Assault of Student

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

A former high school dean is facing disturbing charges that he had a sexual relationship with a former student while she was between the ages of 15 and 17. At one point, the dean posed as her stepfather and signed consent papers to have two abortions. The relationship is alleged to have begun in 2013 when the girl was 15. The former dean is accused of contacting the student over Snapchat and then initiating a sexual relationship that lasted for two years. The dean was terminated by the district in 2021 according to the current principal who sent a notice to parents.

The relationship did not come to light until 2021 when the former student filed a police report after the principal attempted to contact her. The victim reported the incident to a teacher in 2015, but the teacher never reported the matter to the police, which why it took six years for charges to be filed against the former dean.

The dean has been charged with criminal sexual assault after police obtained Snapchat messages and the medical consent forms for the two abortions.

August 26, 2022

Ending Cash Bail: What Does it Mean?

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

While the media may have you believing that ending cash bail means allowing anyone charged with a crime to go free, the matter is not so simple or so haphazardly employed.

Imagine if you are charged with a crime you did not commit based on a witness misidentifying you. You don’t think it can happen to you? Well, it can. Now, if you have money, you just pay your way out of jail and wait for the charges to be dropped because the case is not strong enough. But what if you do not have the money to pay for the bail? You then have a choice. You can either plead guilty to the crime to get the matter settled and be on about your life, or you can fight the charges, stay in jail, and hope the system works the way it is supposed to. Since you have little faith in that happening for you, you end up taking a plea deal to get out of jail. In other words, the poor can be leveraged into plea deals simply to avoid being stuck in jail.

Is that fair? Of course, not. While some folks want to make the rules fairer, others are convinced that society would fall apart if we did not leverage the poor into false confessions based on the deprivation of their freedom.