Chicago Criminal Lawyer Blog

April 20, 2018

The Criminal Law on Threats to Kill in Chicago

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

The recent arrest in January 2018 of a man in Racine County, Chicago has created a big stir. The police apprehended him for threatening to kill the people who were on board a bus. The Wisconsin State Patrol and Sheriff’s department assisted in nabbing the man. Threats to kill can occur in different forms. In June of 2017, a 45-year-old man was charged with a hate crime when he threatened to kill a Muslim-American Civil Rights Lawyer via telephone.

Death threats are frequently made anonymously. Either a single individual or an entire group can threaten to kill a person or a group. Such threats aim at intimidating the victims. The accused in such cases try to manipulate the behavior of the victim. They use the threat as coercion.

Threats may occur via newspaper, letters, phone, email, or social media, just to name a few. Threats to kill such as the above mentioned cases are often considered a Class I felony charge. Such cases may also come under disorderly conduct and misdemeanor. The offense may carry a sentence of 18 months and an extended supervision of two years. Or, the person will have to pay a fine of $10,000. This is all dependent on the severity and circumstances of the case.

April 17, 2018

Sentences for White Collar Crime in Chicago

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

White collar crimes in Chicago are serious and often result in felony charges for the accused. Although you may have an idea of what white collar crimes are, you may not know some of the activities and sentences under this category of crime.

What is White Collar Crime?

White collar crime is a term used to describe an array of criminal acts that are committed in a professional or business setting. This type of crime mainly involves the theft of financial assets or data, which is used for financial gain. You will be surprised to learn that in most cases, the criminal does not come into contact with the victim. Some victims are unaware that the offense even took place.

April 13, 2018

The Increase in Social Media Abuse and Torture Cases in Chicago

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

Social media serves the useful purpose of encouraging individuality and creativity in users. Although a majority of the content on social media is harmless, it can turn lethal when it turns abusive. Crimes on social media are on the rise. This includes abuse of a specific group of people or a specific person.

Posting videos of torture and other crimes is another instance of social media abuse. The recent Chicago crime of a woman, Brittany Covington, and her accomplices who abused a mentally disabled man with racial insults and torture is one such instance.

Overstepping Social Boundaries

April 11, 2018

Chicago’s Record on Dealing with Police Misconduct

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

The Brandon Whitehead case has brought to the forefront the potential for police misconduct in Chicago. The city is already notorious for its violence and gun crime. However, there is an even more disturbing trend where law enforcement agents are actually breaking the law themselves. Because the police are given the power to gather evidence, they can sometimes abuse this power in order to hide their own misconduct.

The courts are also sometimes too willing to listen to everything that the police officers say without questioning whether or not they are true. This means that defendants who have a criminal record may not find it easy to convince the judge and jury that they were the victims of a crime committed by the police. This is not something that is just unique to Chicago. It happens in many other cities across the country. Only the best lawyers are able to overcome these challenges.

Victims of Police Corruption and Violence

April 6, 2018

Sentencing Guidelines for Repeat Offenders in Chicago

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

Being one of the most populous cities in the United States, Chicago is home to some of the worst crime rates in the nation. Over the years, the crime rate has not shown any sign of diminishing. Instead, the steady increase has many lawmakers concerned. The recent passing of a bill to curb repeat offenders in Chicago is a stellar example. With this bill, harsher penalties are in store for repeat offenders.

Tougher Sentencing to Curb Violence

In the past two decades alone, Illinois has raised the gun offense penalty six times. This makes it a state with the harshest penalty in the country. In spite of this, the weapon offenders’ count in Illinois is much higher now than ever before.

April 4, 2018

Charges and Penalties for Possession of a Firearm in Chicago

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

Chicago law makes a distinction between merely possessing a firearm illegally and using a legal firearm for illegal purposes. If the crime is of unlawful shooting whilst in possession of an illegal firearm, the penalties are increased. This is because it is considered to be an aggravating factor to use an illegal firearm to commit any crime under the provisions of the handgun law.

To be absolutely clear, a person in Chicago can be prosecuted for both possessing an illegal firearm and using a legal firearm to commit a crime. Because Chicago has been dubbed the “Gun Crime Capital of the World,” the authorities are anxious to ensure that crimes of gun violence are severely punished. That is not to say that Chicago is willing to engage in full gun control.

For example, the illegal possession of a handgun is a Class 4 Felony in Chicago and can carry a term of imprisonment of up to three years. The possession of other firearms is considered to be a Class A misdemeanor, which could lead up to a year in jail as well as a fine of up to $2500. Your lawyers may be able to negotiate a plea to a lesser charge.

March 30, 2018

Censorship Law and the Rules of the Illinois Department of Corrections

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

Some people are arguing against what they perceive to be unnecessary censorship by the authorities when writing prison rules. The department of corrections in Chicago has very strict rules for what can be brought into its prisons. The reasons for this range from security to discipline. In any case, some prison authorities believe that being sent to prison should always be a form of punishment rather than allowing the convict to have any form of pleasure, however small it may be.

There are those who come from a human rights perspective who argue that prisoners do not lose their fundamental rights just because they are incarcerated. They argue that unless there is clear evidence of an illegal activity or a security risk, the prisoners should be able to access media materials. Of course that is a complicated system when dealing with offenders such as those facing weapons charges and sex offenders who may use the access to the media in order to continue committing crimes.

Lawsuits Against the Prison Service in Chicago

March 28, 2018

Details of Defense Against Felony Drug Charges

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

Although drug crimes have the potential to either be a felony or a misdemeanor, it is when you are charged with a felony that you will most want to present some sort of defense for yourself. As you may know, your trial must begin within 120-160 days of your arrest, which may be giving you a false sense of time. This is due to the fact that you must file your challenge against your conviction within 30 days or else you might miss the opportunity to seize your right to appeal completely.

Drug Offenses

According to research, the following is a list of the top three felony drug offenses in Illinois:

March 23, 2018

Carjackings Surge in Chicago

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

Law enforcement officers are cracking down heavily on carjacking cases in Chicago. The stiff sentence given to the accused in a violent November carjacking is a prime example. Another similar case of carjacking involved the car of a retired cop in Chicago. There have been several such cases in the past year alone.

Carjacking is increasingly becoming a menace in Chicago. The federal authorities are showing a keen interest in punishing the offenders. This further increases the conviction chances for the offenders.

Carjacking Crimes in Chicago

March 21, 2018

How to Make a Complaint Against Police and Judges in Chicago

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

There are two separate accountability offices in Chicago – one for judges and one for the police. The aim of putting these offices in place is to ensure that members of the public can make a complaint about a police officer or a judge without fearing that they would face retaliation. Moreover, the judge or police officer also get some protection because they know that the complaint will be carefully investigated and the right action taken to ensure justice. The Kalven case showed the importance of reporting early and accurately when an officer has acted in an illegal manner.

Previously, many members of the public were suffering in silence because they feared that the influential officers they complained about had the power to take actions against them. For example, some worried that their cases would not be heard fairly or that the police would plant evidence on them. There were even examples of police beating up and harassing people who dared to complain about them. All this has changed with the introduction of the two accountability offices and increased public access to the records.

Complaining About the Police