Chicago Criminal Lawyer Blog

August 3, 2018

What Should I Expect at Sentencing?

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

Being charged with a crime brings a lot of stress and worry with it. You never know what will come of your case, especially if it goes to trial. Should the case go to trial and you are convicted of the crime, you will then need to attend a sentencing hearing in front of the judge. This is an important hearing because you are learning your fate. You will find out how long you will be sentenced to jail, if any fines will be levied, and if you can avoid any jail time. Here is what you can expect at a sentencing hearing.

The Length of the Hearing

For the most part, the sentencing hearing will not take very long. This is a process that should only last a handful of minutes. All the judge needs to do is read through the pre-sentence report that was created by the probation office. The judge will then listen to arguments made by the criminal defense attorney, the prosecutor, and sometimes the defendant and/or family members of the victim.

August 1, 2018

Representing Yourself in a Criminal Case is Never a Good Idea

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

Facing criminal charges in Chicago is always a scary situation, even if you have been charged with a crime in the past. Each instance is different because you never know what could come of the charges. One of the most important things you need to know is that representing yourself in a criminal case is never a good idea and you will see why with the reasons explained in this post.

Lack of Law Knowledge

First and foremost, you will not have the depth of knowledge of the law that a criminal defense attorney has. This is one of the most important skills you should have if defending yourself in court. It is likely you have no legal education, which means you will have trouble with legal terminology, court proceedings, how to introduce evidence and what to argue in defense of your rights in order to remain a free person. Your lack of knowledge of the law will not be tolerated in the least bit by the judge.

July 27, 2018

Marijuana Possession During a Traffic Stop in Chicago

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

In June of 2018, Chicago police discovered over 1,500 pounds of marijuana during a traffic stop. The street value of the drugs is just over $10 million. The use of a drug dog from the narcotics unit helped police make this discovery.

The vehicle was stopped for suspicion of trafficking narcotics, which is why the drug dog was on hand. The drugs were en route to Chicago from California. The driver was charged with possession of over 5,000 grams of cannabis. Now, many people are raising issue with the legitimacy of the traffic stop.

The Issue

July 25, 2018

What to Expect at an Arraignment

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

At an arraignment, the crimes that you are charged with will be formally read aloud in court. In the Illinois Justice System, you will have this hearing no matter what degree of crime you were charged with (misdemeanor or felony). Here is what you should expect to happen at most standard arraignments.

The Basics

Arraignments should be held within a reasonable time frame, as dictated by the sixth amendment. If an arraignment is set for six months or more after the time of your arrest, your attorney may petition for dismissal.

July 20, 2018

Aggravated Battery of a Police Officer in Chicago

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

Aggravated battery of a police officer is a serious crime. Chicago judges and law enforcement are especially harsh on these cases. If you were recently charged with this crime, it is important to know your defense options. It is also crucial that you look at recent cases to understand how harsh the judge could be at your arraignment and potential trial.

Recent Cases

On July 4, 2018, Chicago police responded to a domestic dispute at a party. A woman told police that her boyfriend had physically assaulted her. She had left the event, but her child was still there. When the police attempted to arrest the boyfriend, he became violent and used the child as a shield against them. Two of the man’s relatives then assaulted the officers in an attempt to free him.

July 18, 2018

A Deeper Dive: Hate Crimes in Chicago

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

Hate crimes are crimes committed against a person who is targeted for a specific reason. This can be due to race, gender, religion, sexual orientation, or other factors. If you have been arrested for this type of crime, it is essential that you understand what the prosecution has to prove for you to be found guilty.

You may also want to know what type of sentence you could be facing if found guilty. Remember, having an experienced criminal defense lawyer can help eliminate or reduce these sentences.

Hate Crimes and Assault

July 13, 2018

Illinois Home Invasions

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

In Bloomington, a verdict hangs in the air around a 2016 home invasion case. An armed robbery occurred in the home of a Bloomington couple, and the defendant is being charged with attempted murder, armed robbery, home invasion, and a weapons charge. One member of the group of three posed as a pizza delivery man and made his way into the home, at which point the group demanded $40,000 in cash from the couple. While the details of the cash remain contested, and the total number of men involved and their degree of involvement is debatable, what remains clear is that home invasion happens all too frequently. When it does, victims need an attorney with a history of fighting criminal issues in Chicago.

How to Find a Good Attorney

If you are facing a similar situation, or you too have faced a home invasion case recently, whether as the victim or the defendant, you need legal help. Hiring just any attorney will not do. You need an expert in Home invasion laws. Expert attorneys know the latest changes that Illinois lawmakers have put into effect regarding home invasions. By definition, home invasion differs from other violations in that it only covers entering an inhabited dwelling and causing injury. However, it can also cover entering an inhabited dwelling and using or threatening to use force while armed. In the case of the latter, you might need an expert in weapons cases to lead the charge in your favor after a home invasion.

July 11, 2018

Hate Crimes in Chicago

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

Recent studies show that hate crimes in Chicago have increased by 20% between 2015 and 2016. New police data show that hate crimes are at a five-year high and have outpaced previous years. In fact, data show that since the last election, the number of victims of hate crimes has increased. People are treated differently, and the social dynamics of the city are shifting. Most hate crimes reported in the city have historically been toward gay men and blacks, but now they are increasingly toward Arabs, Muslims, and Hispanics. News reports continue show videos of city dwellers confronting women and men for wearing shirts that support other nations, other religions, and other races.

What Constitutes a Hate Crime?

Legally, hate crimes are any crimes motivated by some form of bias. Hate crimes are violent acts that target groups or individuals based on an identifier such as nationality, race, sexual orientation, or religion. Someone can be charged with committing a hate crime when he or she acts violently against a religious establishment or house of worship based solely on the nature of that institution. Expert attorneys know the latest changes that Illinois lawmakers have put into effect regarding these violent crimes.

July 6, 2018

Courthouse Laws and Regulations in Chicago

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

Recently, a Chicago judge was charged with a Class B misdemeanor offense. Cook County Judge Joseph Claps was walking in the courthouse lobby when a gun fell out of his jacket pocket. The judge proceeded to pick up the gun and place it in his pants. Security cameras caught the incident on tape and the Sheriff’s office took a report.

Although Judge Claps’ weapon was registered, he was carrying the gun in a restricted area. Even though he has a concealed carry license, he is not permitted to have the weapon in the courthouse. He has since been placed on non-judicial duties pending investigation and trial. This means that Judge Claps will be confined to routine tasks, such as legal research and marriage ceremonies.

This incident has sparked a lot of questions regarding the security and regulations that take place in our courthouses. While some may blame the security guards for letting the gun pass through the scanners, this case is not that simple. There are several complex regulations that impact courthouse security. If you will be entering a courthouse in the near future, it is important to be up to date on these procedures.

July 4, 2018

Juvenile Carjacking Laws in Chicago: Is Change Coming?

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

It is no secret that the number of carjackings is on the rise in Chicago. Along with this increase comes an increase in juvenile arrests. Younger people are participating in this crime at alarming rates. In 2016, only 35% of carjackings were attributed to juveniles; now, it is 60%. It is important to note that this statistic could be skewed, as less than 10% of carjackings end in arrest. Still, this rise in juvenile crime is a cause for concern for many citizens. There is no shortage of debate on how this issue should be handled.

Current law tends to favor giving the juvenile a second chance. As of 2016, no minor can be tried as an adult for carjacking in Chicago. Additionally, many minors receive lesser charges, including in instances of car theft. Car theft differs from carjacking based on the threat to the driver. If you are charged with carjacking, that means you either physically harmed a driver or made the driver fear for his or her life. Because of this, a carjacking charge typically accompanies a harsher sentence. Being aware that many want this current law changed is important. The increase in crime is not helping defuse the situation, either.

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