Chicago Criminal Lawyer Blog

October 10, 2018

Why You Should Invoke Your Fifth Amendment Rights

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

Even though a police officer is required to read you your Miranda Rights, that does not mean that you have to speak to the officer arresting you. It is the officer’s job to read you your rights. You then have the right to remain silent. It is the very first right that is read to you when the officers Mirandize you. Today, we will take a look at why you should invoke your fifth amendment rights and remain silent when being arrested for a crime in Chicago.

How can I Invoke My Rights?

Ironically, the best way to invoke your right to remain silent is to speak up and say as much to the police officer arresting you. Some examples of what you could say to the officer include the following:

October 5, 2018

What Happens if I am Not Read My Rights?

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

Getting arrested is never easy. Even if you were arrested for a minor infraction, it is still a stressful process that can have you worried about your rights and how long you will be held. Many are under the assumption that if they were arrested and not read their Miranda rights that they can have the charges dropped. This is not the case. The charges can still be filed against the defendant, but there are some things that the prosecution will not be allowed to do, which we will discuss below.

What are Miranda Rights?

First, we should define what Miranda Rights are so that you understand your rights and what a police officer is supposed to read to you when placing you under arrest for any crime. During every arrest you must be read the following:

October 3, 2018

Repeat Gun Offenders in Illinois Face Longer Sentences

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

As controversy surrounding gun violence and the Second Amendment ramps up across the country, both the federal and state governments are feeling pressure to crack down with tighter gun regulations. From the outside, Illinois appears to be ahead of the curve. Historically, Illinois boasts some of the strictest gun control laws in the United States. Illinois is one of seven states that requires permits or licenses in order to buy any class of firearm, along with California, Connecticut, District of Columbia, Hawaii, Massachusetts, and New Jersey. Furthermore, and maybe more surprisingly, Illinois is one of only five states that require a waiting period to buy any type of firearm. According to The Law Center to Prevent Gun Violence, which tracks gun laws nationwide, Illinois earned a “B+” for its gun laws. However, California scored even better than Illinois, earning a grade of “A” with what are considered to be the strictest gun laws in the country.

The Illinois gun laws are largely attributed to the high volume of crimes committed with firearms in and around the Chicagoland area. From an outsider’s perspective, the number of crimes committed with guns in Chicago in comparison to the strict requirements for ownership do not add up. However, it is important to note that several surrounding states, including Indiana, have some of the weakest firearm laws in the country. Chicago’s proximity to these states makes it easier to bypass the Illinois regulations and obtain illegal firearms.

In Chicago, statistics show that homicides account for a large number of crimes committed with a firearm. After taking a closer look, it would seem that an overwhelming majority of homicides committed with a firearm come at the hands of repeat gun offenders.

September 28, 2018

What are the Traits of a Strong Criminal Defense Attorney?

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

The minute you are charged with a crime in Chicago, your rights are in jeopardy. You might be facing decades in prison or thousands of dollars in fines. Either way, you will want to do everything possible to begin building a defense to the charges levied against you. If you have never been charged with a crime before, you likely will not have an attorney in mind to call. This first step in the defense process is arguably the most important one. You must pick the right criminal defense attorney. Let us take a look at the traits of a strong criminal defense attorney in this post so you know what to look for when you need a lawyer.

Ability to Research

Research is one of the most important keys to defending against criminal charges. When an attorney has a strong ability to perform excellent research, you will notice how in-depth they dive into your case. Research involves more than just scouring the internet, putting your nose in a book, and interviewing witnesses. Attorneys who know how to research will know where to turn to find the answers they need, no matter where they have to look or with whom they need to speak.

September 26, 2018

An Overview of Illinois Kidnapping Laws

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

Kidnapping is a serious crime in the United States that is most often defined as taking someone against his or her will to another location or holding that person in a controlled environment. It is possible that in some instances there must be an illegal activity associated with the act of kidnapping, in order for charges to be filed, such as extorting the victim or a relative or facilitating another type of crime. There are also times when parents have been charged with kidnapping their own child, especially if they do not have primary physical custody of the child. Today, we will take a look at kidnapping laws in Illinois and throughout the country.

Federal Kidnapping Laws

Federal kidnapping laws govern this crime all across the United States, not just in one state or another. This means that being charged with kidnapping in Chicago can come with federal charges if the crime meets the federal requirements. The federal laws governing kidnapping make it a serious felony charge that could result in up to 20 years or more in federal prison. The sentence issued for a federal kidnapping case depends on the prior record of the defendant and other circumstances surrounding the crime.

September 21, 2018

What are the Causes of Domestic Violence?

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

Domestic violence is a serious problem that affects thousands of people each year in the Chicago area. It is a crime that comes with hefty fines and lengthy probation or jail time. When you are involved in a relationship that could wind up ending in a domestic violence incident and charges, you need to know what the common causes might be. The following will outline the causes of domestic violence so you are aware of your actions and prepared for what is to come if ever charged with this crime.

Control

One of the most common causes of domestic violence is that of control. When one person in a relationship needs to have control of the other, it can wind up leading to domestic violence. Control can include needing to know the whereabouts of the other person, whom they talk to, whom they are allowed to hang out with, where they can go after work, and so much more. Abusers often feel a need to control the other person due to low self-esteem, issues with jealousy, feelings of inferiority, problems with anger, and many other emotional issues.

September 19, 2018

An Overview of Prostitution Charges in Chicago

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

As many people know, prostitution is the act of engaging in some form of sexual activity in exchange for money or another item that has value. As many people also know, prostitution is illegal just about everywhere you go, and Chicago is no exception. A person is considered to have committed prostitution when he or she willingly engages in such an act, willingly accepts payment, and agrees to engage in any act related to or that can be considered prostitution.

Who can be Charged with Prostitution?

There are a few different people who can be charged with prostitution when a situation such as this arises. For the most part, there are usually three people involved in an act of prostitution – the prostitute, the customer, and the third party (pimp). Not all three will be discovered in the same location as the pimp is usually not with the prostitute when the crime occurs. But, some pimps are so widely known that law enforcement will be able to pinpoint which pimp the prostitute works for in the area.

September 14, 2018

Common Defenses to Second Degree Murder Charges

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

When faced with a murder charge in Chicago, you have options. You do not have to immediately admit to the crime. You also do not have to take your chances with a jury to see if it will convict you. Murder is a serious charge, if not the most serious charge, so you need to have a skilled criminal defense attorney by your side to craft a strong defense to the charge. Today, we will examine the common defenses to second degree murder charges so you can fight for your freedom.

Claim Insanity

You have likely heard it on the news before and it might be a good defense for you to attempt if charged with second degree murder, and that is to claim insanity. Even if claiming insanity is permitted in your jurisdiction, it does not mean that it will clear you of the responsibility associated with second degree murder. You could be issued a guilty verdict with mental illness attached to it, which means you still knew what you did was wrong. In other jurisdictions that permit full insanity, if you can prove your mental illness, then you will not be held accountable for the crime.

September 12, 2018

What are the Traits of a Strong Criminal Defense Attorney?

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

Facing a criminal charge in Chicago can ruin your life if you do not know where to turn. Relying on the public defender will not always put you in the best situation. You need to consult with an experienced private criminal defense attorney so you can best fight the charges levied against you. Working with a criminal attorney who is experienced with the crime you have been accused of committing will help you build a defense that can lead to the charges being either dropped or reduced. Let’s examine the traits of a strong criminal defense attorney so you know what to look for when choosing an attorney to represent you.

Experience That Speaks for Itself

One of the first things you need to look for is the attorney’s experience. It is understandable that an attorney has to start his or her career somewhere, but do you want it to be with your case? Now is not the time to risk your freedom just to give a newly minted attorney a shot at winning his or her first case. The strongest criminal attorneys will have a track record that speaks for itself.

September 7, 2018

What Happens if I Violate Probation?

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

It can be very difficult for someone to live while on probation. Probation is issued to those who are charged with a crime but wind up not being sentenced to jail time. Probation is also issued to people who are released from jail ahead of their sentence being completed. A violation of probation can be problematic for the person serving it. Let’s take a look at what happens if you violate your probation so you can be prepared for what is to come.

Violation is Not Discovered

It is entirely possible that you could violate the terms of your probation and have it go undiscovered by the prosecutor assigned to the case. If this is the case, the prosecutor will not be able to file a motion to revoke your probation, which would send you back to jail or to jail for the first time. It is not uncommon for this to happen based on the terms of your probation and what is considered a violation. Even though this is possible, you should still adhere to the terms so you do not risk going to jail.