Chicago Criminal Lawyer Blog

September 20, 2019

Will Criminal Charges be Filed Against Lincoln Park Nursing Home?

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

Cook County State’s Attorney Kim Foxx will decide whether or not to press charges against employees at a Lincoln Park nursing home who swindled a resident with dementia out of $700,000. Public Guardian Charles Golbert took custody of 98-year-old Grace Watanabe removing her from the care of Symphony Residences.

Watanabe was removed in 2018 after her bank noticed a series of unusual withdrawals and alerted authorities. Currently, there is a civil action against the Nursing Home naming individual staff members who attempted to drain the woman’s bank account dry. Those close to the woman, however, are hoping that criminal charges are filed against those who directly perpetrated the theft. Criminal charges would take precedence over civil charges and that case would be prosecuted first. If the defendants in the criminal case lose in court, it severely limits their ability to defend themselves in civil court.

Golbert Asks for Criminal Charges Against Five Employees

September 18, 2019

Feds Take on JPMorgan Execs in RICO Case

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

JPMorgan executives tasked with managing the bank’s precious metal investing are now the target of an extremely aggressive investigation in which some of these executives are being charged under RICO. Federal prosecutors agreed that the move was aggressive and rarely used in banking conspiracy cases, but also noted that the alleged price-fixing and racketeering occurred over eight years. JPMorgan pleaded guilty to price-fixing and the major players, at least the ones who were caught, now face serious criminal charges.

Prosecutors also allege that Michael Nowak, the main player in the federal investigation, ripped off market participants and clients in order to control the prices of gold, platinum, silver, and palladium. Two other traders were charged, as well.

Spoofing

September 13, 2019

Man Stabs Brother, Apologizes, Stabs Brother-in-Law

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

Oscar Ocampo was recently released from prison. Odds are, he will be headed right back after he stabbed his own brother, apologized to him, and then went upstairs and stabbed his brother-in-law. His brother-in-law died as a result of the stabbing.

According to his brother, Ocampo was upset that his wife had been disrespected. The brother attempted to calm him down, but Ocampo was inconsolable. Ocampo proceeded to stab his brother, apologized, and went upstairs and killed his brother-in-law. He has been charged with first-degree murder and attempted first-degree murder.

Is Ocampo Being Overcharged?

September 11, 2019

Man Acquitted of Making Threats Against Federal Agents

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

The FBI filed federal charges against a 34-year-old Morton Grove man who they claimed made threats to kill FBI agents over the phone. However, Matthew Berger was acquitted of all five charges of sending threatening communications to a federal officer.

Berger has an interesting rap sheet. He has been in federal custody since his arraignment in December and will now be transferred to a Cook County facility for allegedly pulling a fire alarm in a police station.

The ‘Guy is Annoying but Didn’t Commit a Crime’ Defense

September 6, 2019

Man Charged in Road Rage Murder

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

Liltony M. Van has been charged with first-degree murder after a road rage incident turned fatal. According to reports, the other man, Marquist Boyd had a baseball bat on him and brandished it. Van pulled out a handgun and shot Boyd in the head. It is unclear whether or not Van owned the gun legally, but the only other charge against him is criminal trespass to a vehicle.

To date, 28 states have passed some version of a “stand your ground” law, with Florida’s being the most notable. In Florida, if an individual has reasonable cause to believe that another person is going to harm or injure them, they are within their rights to use lethal force against that individual. If this altercation took place in Florida, it may be hard to even get it before a jury. This is because if a defendant raises a “stand your ground” defense during an indictment, the prosecutor must overcome a burden of proof to follow up with a jury trial. Furthermore, if the case is allowed to proceed to a jury, the defendant may use a stand your ground defense to the charges.

As permissive as Florida’s law is, it is not a proverbial ace in the hole against charges that involve any altercation, and Illinois’ law is less permissive still. Here, we will take a look at what kind of chances Liltony M. Van would have with a self-defense plea.

September 4, 2019

The Marijuana Algorithm That Will Clean Your Record

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

As Illinois moves to become the latest state to legalize the recreational use of marijuana, many individuals who have criminal records for possession are about to see those records expunged. Under the new law, possession of up to 30 grams of marijuana at a time is authorized by law. Possessing greater quantities, however, is still considered criminal under Illinois Cannabis Regulation and Tax Act.

Law enforcement will use an algorithm to go through all the criminal records in Chicago and expunge any record of possession of marijuana that was at or below 30 grams. Those who have been caught with 500 grams or less can also have their records expunged, but they are required to petition the court to do so. 500 grams is over a pound, so this would be considered trafficking territory.

If you have a conviction for under 30 grams, then you do not have to do anything at all. The court will take care of it automatically and issue you a notice that your record has been expunged. Anything over 30 grams will require you to petition the court for an expungement.

August 30, 2019

Homeless Man Allowed to Represent Self in Murder of Off-Duty Cop

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

Judges have broad discretion when it comes to allowing defendants to represent themselves. In a recent case, a judge denied a pro se petition by Dwight Doty to represent himself in the slaying of a 9-year-old boy whose father was a member of a rival gang. But another recent case outlines the perils of getting what you wish for.

Jovan Battle, a homeless man who was accused of murdering an off-duty police officer was convicted after a jury determined he was culpable for the death of an officer and the wounding of his friend. While the case would have likely resulted in a conviction of some kind, it did not have to result in a first-degree murder conviction and several armed battery counts for which Battle will spend the rest of his life in prison. In fact, Battle never pulled the trigger or opened fire on anyone.

According to prosecutors, Battle mistook the police officer for some another person with whom he had had a fight earlier that night. He directed one of the two other men he was with that night to their car and that man opened fire, killing the officers and injuring his friend. Of course, none of that should have been disclosed to police during the interrogation, and yet all of it was, so it formed the basis of their first-degree murder charge against Battle.

August 28, 2019

Man Accused of Killing 9-Year-Old Denied Right to Represent Himself

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

25-year-old Dwight Doty told a Chicago judge that since the trial involved him and he knew what was going on better than anyone else, he should be allowed to represent himself at trial. The judge denied his request. Doty is accused of killing a 9-year-old boy execution-style.

The judge told Doty that he believed his pro se defense motion was just a bid for delay. When a defendant petitions the court to represent themselves, the judge must sign off on the motion before allowing it to proceed. Famous individuals who represented themselves unsuccessfully include Colin Ferguson and Ted Bundy. In both cases, you had defendants with enough presumed intelligence to carry on the task of questioning witnesses. Both proved to be monumental disasters, however.

A judge in a criminal trial has a vested interest in ensuring that the proceedings are carried out fairly. In this case, the judge grilled Doty on his education and asked him why he thought he was qualified to try a case against two skilled defendants. Doty did not seem to have a good answer to that question, but was that good enough for the judge to deny his motion?

August 23, 2019

Mother and Daughter Charged in Grisly Slaying

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

It is the kind of crime that you see documentaries about on TV: A mother and daughter duo are charged with two counts of first-degree murder after police say that they killed an expectant mother and cut the baby from her womb. They have been charged with both the murder of the mother and the baby that she carried.

According to police, the women cut the baby from the mother’s womb and then delivered it to the hospital. Clarisa Figueroa, a former certified nursing assistant, passed the baby off as her own.

Police contend that the two plotted for weeks to steal Marlen Ochoa’s baby. They further contend that the Figueroas met Ochoa in a Facebook group called Help a Mother Out. The Figueroas offered to help Ochoa purchase new clothes for her baby. Police claimed that this lured her to their home where they proceeded to murder her and take her baby. The elder Figueroa, who had her tubes tied prior, claimed that she was also pregnant, going so far as to post pictures of the ultrasound.

August 21, 2019

19-Year-Old Charged in Abortion Clinic Threat

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

One of the problems with social media, anonymous interactions, and our current political climate is that people who are mere profiles are “less real” than they are when you are facing them in person. For some reason, people feel emboldened to make threats against institutions that they do not like online much more frequently than they would in person.

Recently, a 19-year-old man was charged with threatening to slaughter doctors, patients, and visitors of a Chicago abortion clinic. The threats were made over a social media site known as iFunny where users can share humorous or amusing memes with one another. Of course, afterward, Farhan Sheikh claimed the entire thing was a joke. But making a hoax threat is still illegal.

However, Sheikh basically threatened to slaughter anyone he saw at an abortion clinic that was about four miles away from his house and then warned FBI agents that his account was not satire and that they should take his threats seriously. Obviously, not very funny.