April 19, 2019

Ineffective Assistance of Counsel Could Overturn Murder Conviction

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

Erick Maya has successfully appealed his conviction by arguing that he suffered from ineffective assistance of counsel. This is despite the fact that he was represented by one of the most highly-regarded criminal defense attorneys in Illinois, George Lenard. Maya was accused and convicted of murdering Romeoville 15-year-old Briana Valle in 2014 in a highly publicized criminal trial. The case brought to light several issues in the age of the internet including Facebook stalking.

According to the prosecution, Valle met the young woman on Facebook when she was 13 years old. The two carried on a romantic relationship of sorts until, at some point, the relationship went downhill. The prosecution accused Maya of threatening to rape Valle and kill her family and then shoot her to death. They say that Maya then hired a taxi driver to bring him to Valle’s home. He got cold feet and left but, later, he went back and carried out his threat. He was charged in the murder of Briana Valle and the attempted murder of her other family members, including her mother whom he shot in the neck.

Attorneys for Maya appealed the verdict, which saw the defendant sentenced to 122 years for the murder and attempted murder. The appeals court has not yet overturned the verdict in the trial nor have they ordered a new trial. They did, however, rule against the circuit court’s decision that Maya received a fair defense.

April 3, 2019

“Civil Commitment” Prisoner Freed After 32 Years

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

You have to be careful about accepting any kind of a plea. If a deal sounds too good to be true, it probably is. Just ask Jussie Smollett. He may have gotten off with a slap on the wrist, but now the police department is suing him for money related to the investigation and the federal government still wants to press charges. The original sounded too good to be true, which outraged local politicians and law enforcement.

If you want to hear about an even worse deal, ask Terry Allen who was held behind bars for 32 years without ever being convicted or sentenced of a crime. Allen took was is known as a “civil commitment” plea deal in lieu of facing criminal charges on an alleged sexual assault. He was never sentenced to prison. He was never convicted of a crime. He spent 32 years behind bars.

Again, it sounded like a great deal. Allen was facing several years behind bars when prosecutors offered a plea in lieu of a criminal sentence to voluntarily submit himself to civil commitment. Civil commitment is held aside for those who are deemed a threat to themselves or others but also have serious mental illness. However, civil commitment allows for patients to be detained indefinitely pending the results of a psychiatric evaluation.

March 29, 2019

Prosecutors Drop Charges Against Jussie Smollett Amid Maelstrom of Anger

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

Prosecutors in the Jussie Smollett case opted to offer the maligned Empire actor an alternative disposition sentence of community service and the forfeiture of his $10,000 bond in lieu of prosecuting Smollett on 16 counts of felony disorderly conduct. Smollett stood accused of faking a hate crime against himself. Chicago police reportedly began investigating the event as an assault, but the two men who stood accused of the crime claimed Smollett hired them to beat him up. Chicago police then turned their attention to Smollett claiming that his motive for staging the attack was that he was unhappy with his salary on Empire.

Smollett, who is black and gay, earned the ire of just about everyone after evidence came pouring in that the hate crime was staged. Those who were victims of hate crimes denounced Smollett as drawing attention away from a legitimate issue and tinging it with a veneer of doubt. Indeed, the conversation concerning race-related assaults and homicides shifted toward how many of those were fake. Social media pundits seemed to latch onto the event as vindication that the entire dialogue concerning hate crimes is flawed.

Then, after the 16 felony counts against Smollett were dropped, the conversation shifted toward the price of justice in America and how those with money can buy their way out of trouble while those without are forced to stand trial for similar crimes. In other words, it was a departure from the narrative that the courts convict black defendants at a higher rate while giving a pass to white defendants for the same crime. The dichotomy shifted to rich versus poor.

March 6, 2019

The Difference Between Homicide and Murder

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

A man involved in a bizarre love triangle was charged with murder after a shooting in Evanston. Sandoval Cobian, 38 years old, is facing murder charges after allegedly shooting his romantic rival in the north suburb. The Chicago native was charged with two counts of first-degree murder, as reported by Evanston police.

On Friday, March 15, officers found Angel Miranda, 33 years old, suffering from multiple gunshot wounds to the abdomen and chest. He was located behind a residence in the 1800 block of Simpson Street and pronounced dead at the scene, according to the Cook County medical examiner’s office.

Miranda, who was a resident of the Little Village neighborhood of Chicago, was visiting his girlfriend. She found him shot and called authorities. Investigators later learned Cobian and Miranda were romantically involved with the same woman. Police reported that Cobian shot Miranda because of jealousy and a “romantic rivalry.” Cobian was ordered held without bail. His next court date is set for the end of March.

March 1, 2019

What You May Not Know About Domestic Violence Laws in Illinois

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

Because domestic violence is a very real and pervasive threat in the U.S., the Illinois legislature has concentrated on making domestic violence laws more stringent. Law enforcement in the state has created dynamic new policies. Prosecutors are now responsible for enforcing new laws in addition to ones that are already on the books.

Many people do not realize that the state files the criminal charges for domestic violence, not the victims. It is important that you have a clear understanding of the laws governing domestic violence and what may be ahead if you are convicted of such a crime. A Chicago domestic violence attorney can help assess your case and guide you through building your defense.

What You May Not Know About Domestic Violence Laws in Illinois

February 27, 2019

How Society is Affected by White-Collar Crime

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

White-collar crime may consist of various charges at both the state and federal level. The stereotype of an individual engaging in white collar crime may be the high-level corporate executive in a tailored suit who sacrifices the future of his company for personal gain. But a crime of this nature could be perpetrated by anyone in the office, from a mailroom clerk all the way up to the C-suite.

Additionally, a white-collar crime does not have to be committed by a person in a corporation or even someone employed. The criminal may be a charming neighbor who cons an individual out of his or her retirement savings. Offenses like credit card theft or counterfeiting do not typically involve violence, but they do have a serious impact on individuals, society, and the economy.

A white-collar criminal defense attorney can provide a level of protection against the severity of the penalties associated with these types of charges.

February 20, 2019

How Chicago is Reducing the Rate of Violent Crime

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

Many residents of Chicago and the surrounding area view violent crime as something completely out of their control. Fighting violent crime in Chicago takes the coordinated effort of police and residents of the city.

So far this year, shootings and homicides have a downward trend according to police. To date, there have been 44 homicides compared to 80 at this point in 2018. That is a decrease of 55%. In January and February of this year, there were 214 shootings. The first two months of 2018 experienced 282. The number of people who were shot decreased to 253 in 2019 from 345 last year. There have been 40% fewer homicides compared to the same period last year.

Though the numbers have been dropping, Chicago is still plagued with a disproportionate amount of crime when compared to many other cities around the country. A violent crimes defense lawyer will be able to help with your case if you have been charged or arrested.

February 13, 2019

Components of a Federal Drug Crime

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

A man from the northwest suburbs was recently charged with the illegal possession of guns and drugs. A judge denied bail for the 33-year-old for the crime. In a statement released by the Cook County Sheriff’s office, the Melrose Park resident has been charged with two counts for each of the following:

Unlawful use of a weapon by a felon
Drug possession and

February 8, 2019

Primary Defense Against Prostitution Charges

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

The owner of a massage parlor was arrested and charged with prostitution in an investigation launched by authorities in Wisconsin.

Undercover officers covertly investigated Asian Massage Reflexology in New Berlin, a city between Chicago and Milwaukee, after being informed that staff were engaging in sexual activity with clients in addition to the massages provided.

The owner, Jing Zhang, was charged with maintaining a place of prostitution. If convicted, she is facing a maximum sentence of six years in prison, according to court records.

February 6, 2019

Murder Rates in Chicago

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

On January 27, 2019, a man was charged with attempted murder after he shot a Chicago police officer. 32-year-old Swaleh Mohammed was arrested the night of January 26 and has been charged with six felonies. It is alleged that he shot a Chicago police officer in the officer’s protective vest when law enforcement was responding to a domestic dispute in the neighborhood of West Ridge.

Police were called to Swaleh’s home at approximately 6:45 p.m. and found him inside with a gun. He barricaded himself inside and, according to police, appeared to have some type of mental disability. He then shot at police who returned fire, but did not hit the suspect.

One of the responding officers was hit in his vest, but was unharmed. He was taken to the hospital and reported in good health.