Chicago criminal defense attorney

September 28, 2016

Criminal Liability for Drug-Related Deaths in Cook County and DuPage County: Understanding the Law in Illinois

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

Recently there has been some legal argument as to the criminal consequences of heroin-related deaths in Cook County and DuPage County. This country discusses the possibilities and limitations of criminal liability. The case of 21-year old Christopher Houdek is interesting. Apparently he and a girlfriend Adrianna Diana (20) cooked and injected heroin. The next day she found him unresponsive. Paramedics were summoned, but the victim died in hospital. The County Coroner ruled it an accidental death by heroin intoxication. The prosecutors disagreed and charged Diana together with two dealers with homicide. The story becomes even more tragic in as far as one of the defendants (Diana) died from an overdose whilst out on bail.

The Legal Issues

This case is a real trial for the criminal law in Illinois. It raises the prospect of vicarious criminal responsibility as well as safe custody. It could be argued that Diana was a victim too, particularly if one considers the dealers to be the ultimate villains in this case. At the same time both people who died were adults and there is no evidence to suggest that they were forced by the dealers to consume the heroin. Likewise it must not be forgotten that heroin is a controlled substance in Illinois. Its procurement, sale, distribution and consumption can constitute a criminal act. Sadly the case is not unique. Between 2013 and 2015, there were over 2000 fatal overdoses in Illinois. The law is complicated further by the fact that the involvement of large scale supply chains makes these acts subject to federal and international law.

August 21, 2016

Public Indecency: Naperville Police Looking for Naked Man Who Exposed Himself to Teen

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

The Chicago Tribune reports that the Naperville police are offering a $1,000 reward for information about the motorist who exposed himself to a 15-year-old girl on July 15 near Prairie and Charles Avenues. Apparently the suspect, a white male in his mid-40’s to early-50’s, drove past the girl as she was riding her bike down the street, stopped a short distance in front of her, and emerged from his vehicle wearing only a baseball cap. The police note that the man covered his genitals and did not say anything as the girl biked past him. While the girl was not physically harmed, the man will still likely face a public indecency charge if the police are able to find him.

Public Indecency in Illinois

Public indecency, referred to as indecent exposure in some states, is a criminal offense in Illinois. While some people view flashing as a harmless act, exposing yourself under some circumstances can land you in a lot of legal trouble. Under Illinois law 720 ILCS 5/11-30 any person who is 17-years-old or older commits the crime of public indecency if he or she engages in either of the following acts in a public place:

August 2, 2016

Police Officers and Other First Responders May Soon Be Protected Under Chicago’s Hate Crime Law

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

Hate crimes, sometimes referred to as a bias-motivated crimes, occur when a perpetrator selects his or her victim based on a perceived membership to a certain social group. For example, if a perpetrator shoots a victim because of the victim’s sex, ethnicity, religion, or sexual identity, then a hate crime has likely occurred. I say likely because the only way to know for sure if a crime qualifies as a hate crime is to check which social groups are protected under the hate crime statute that governs the situation. For instance, if the crime is governed by federal law, then the federal hate crime statute applies. Under the federal hate crime statute, social groups based on race, color, religion, national origin, gender, sexual orientation, gender identity, or disability are protected. States, and even some cities, also have their own hate crime laws.

Chicago’s Hate Crime Law

According to Chicagoist.com, Chicago’s current hate crime law applies when a victim is targeted based on race, religion, sex, national origin, sexual orientation, physical or mental disability, prior or active military status, ancestry, or age. In other words, if it can be shown that a defendant’s hate motive against one of these protected groups caused him or her to commit a crime against a member of that group (for example, assault, murder, or harassment) then the defendant can be charged with a hate crime violation in Chicago.

July 14, 2016

Professional Baseball Player Accused of Sexually Assaulting a Woman in Chicago

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

Baseball Stadium Seats
According to the Chicago Tribune, a Pittsburgh Pirates infielder who was in town to play the Chicago Cubs on June 17 has been accused of sexually assaulting a 23-year-old woman in Chicago. The sexual assault allegation is currently being investigated by police, but the baseball player has not yet been charged with a crime. According to the police, the Chicago woman made contact with the infielder via a dating app and the two agreed to meet at his hotel room at approximately 10 p.m. The woman alleges that that he served her one alcoholic drink that caused her to black out roughly 15 minutes later, and that he sexually assaulted her while she drifted in and out of consciousness. The alleged victim had a rape kit done two days later and filed a complaint with the police 10 days after the alleged sexual assault took place. While this woman took action quickly to have a rape kit done and file a police report, it is important to know that after a sexual assault occurs there is a timeframe within which rape kits must be done and sexual assault charges must be filed in order to be effective.

Rape Kits

A ‘rape kit’, also referred to as a Sexual Assault Evidence Kit (SAEK), is a sexual assault forensic exam kit that is used to collect DNA evidence from a victim’s body, clothing, and other personal belongings after a crime is committed. Rape kits are used to help sexual assault victims preserve possible DNA evidence in case they decide to report that they were attacked. During a sexual assault forensic exam the survivor will generally be examined from head-to-toe, evidence will be collected, and follow up care will be recommended. According to Cleveland.com, rape kits can usually recover testable evidence within 96 hours of an assault. Therefore, the fact that the alleged victim in the sexual assault case outlined above had a rape kit conducted two days after she went to the baseball player’s hotel room should not have prevented DNA evidence from being collected.

July 12, 2016

Schizophrenic Man Faces Murder Charge in Cook County

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

The Chicago Tribune reports that a 22-year-old schizophrenic man was recently charged with murdering his cousin in Cook County. Supposedly the defendant was standing on the street with his cousin and a few other people when the group started making fun of the defendant for being mentally slow. Allegedly, the defendant responded by firing a semi-automatic handgun into his cousin’s neck, chin, and chest. The cousin died shortly after and now the shooter is charged with murder. While there are several ways to defend against a murder charge, arguing insanity may be a viable defense strategy for this particular defendant.

Illinois’ Insanity Defense

In Illinois, a person can not be held criminally responsible for their conduct if a mental disease or mental defect caused that person to lack the substantial capacity to appreciate the criminality of his or her conduct, according to our state’s Criminal Code (720 ILCS 5/6-2). In other words, if a mental defect caused you to not appreciate the criminality of what you were doing while you were committing the crime, then the legal defense of insanity is available to you. Illinois’ insanity defense statute also notes that if a defendant was mentally ill at the time of the crime, but was not insane, then that defendant is still liable for his or her criminal act as it is possible to be found guilty but mentally ill in Illinois. However, in order to successfully claim the insanity defense, the defendant has the burden of providing clear and convincing evidence sufficient to prove that he or she was insane when the crime was committed and, therefore, is not guilty by reason of insanity.

June 8, 2016

New Illinois Law Joins National Effort to End Sexual Violence on College Campuses

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

One in five women will be sexually assaulted while in college, according to a recent study by the Association of American Universities. Despite the alarming prevalence of rape on campuses, many universities remain complacent or unresponsive in reacting to reports of rape. The aggressive White House initiatives and campaigns, led by a task force formed in 2014, have transformed the way colleges and universities respond to allegations of sexual misconduct, as well as the level of awareness among college students about rape and the culture of rape.

Ending sexual violence on campuses across the nation has been one of the Obama Administration’s most passionate policy initiatives since 2011. The Department of Education and Vice President Biden published a comprehensive guideline for universities to help them understand their legal obligations under federal law. In January 2014, the administration established the White House Task Force to Protect Students from Sexual Assault. In April of that year, the Task Force launched a public awareness and education campaign called “It’s On Us.” to further advance and galvanize efforts across the nation to prevent sexual assault. The campaign has sought “to fundamentally shift the way we think about sexual assault, by inspiring everyone to see it as their responsibility to do something, big or small, to prevent it.” See White House Press Release on “It’s On Us.”

Since the launch of the campaign, more than 344,400 people have taken the White House pledge, and 530 schools in 48 states currently have active It’s On Us chapters. Reports of campus sexual assault have surged in the last few years, which legal experts attributed to increased awareness and knowledge of the issue.

June 3, 2016

Common Myths About the Police

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

Many people will have to interact with a law enforcement officer at some point in their lives, but unfortunately a lot of commonly-held beliefs regarding police policies and procedures and the laws surrounding them are based on entertainment media rather than any sort of actual facts. The following are some examples of instances where people’s incorrect beliefs about the police can potentially hurt them.

Myth: A case against a person will be dismissed if the police do not read them the Miranda warning during their arrest.

While this idea has been popularized through many television police dramas, it is not actually correct. The Miranda warning was put into effect for the purpose of helping people protect their Fifth Amendment right against self-incrimination. However, the requirement is only valid after a person has been placed under arrest when law enforcement officers intend to question them. Statements that are made before then are admissible at trial regardless of whether the Miranda warning has been read.

May 27, 2016

The Miranda Warning

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

“You have the right to remain silent. Anything you say may be used against you in a court of law. You have the right to an attorney.” The Miranda warning, or Miranda rights, are probably familiar to anyone who has watched police dramas or true crime shows on television, but the practical aspects of them are often misunderstood.

History

People in the United States have the rights under the Fifth Amendment against self-incrimination and under the Sixth Amendment to an attorney when they are being accused of a crime by law enforcement. The Miranda warning developed out of a Supreme Court holding in Miranda v. Arizona, 384 U.S. 436 (1966) which set out that in order for a statement made to law enforcement officers to be admissible in court the accused needs to be made explicitly aware of these two rights. The Miranda warning statement thus serves two purposes. First, it defends the accused by notifying them of their rights, and second it ensures that any statements that the accused makes to the police will be admissible in court.

May 13, 2016

Can We Get a Witness?

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

Street gang violence in the inner cities has become a way of life. News reports about shootings and killing on any given weekend is now Monday morning’s “yawn” story. But how can that be? Young men and women being shot down in the streets become just another statistic. A life lost, snuffed out by an “unidentified” assailant, is how the story goes. The assailant cannot be identified even though the probability of the residents of these closed neighborhoods not knowing who does what in the community is slim to none. Law enforcement’s hands are tied because of the desensitization and unwillingness of neighbors in the communities to get involved.

Sometimes You are Just in the Wrong Place at the Wrong Time

An adjunct to the tragic story of Lee McCullum is the equally tragic story of Tiara Parks, the 23 year old girlfriend of McCullum. Parks was also the daughter of a Cook County Sheriff’s Deputy, a college student and a working mother. It is not known at this time what the possible motive for this murder was. Two other individuals were wounded in this drive-by shooting, one in the leg and one in the back. During the time of the shootings, there were approximately twenty people in the area, standing around as Parks and her companions were shot down as they exited their car in front of the Haley Elementary Academy. It is also unknown at this time if Parks or either of her companions, or all three of them, were the targets of this shooting.

May 11, 2016

Getting into a Chicago Street Gang is Easy, Getting out Alive is the Problem

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

It has been said that street gangs exist to fill a void in the lives of their members. A gang member may feel a lack of love and support from his or her people at home. Statistically speaking, about 72% of African American children are being raised in single parent households. The emotional needs of many of these children cannot be met in the environment in which they are being raised. Therefore, many of these young men and women will seek to fill this void by joining a gang, without the wisdom and understanding to know (before it is too late) that there is no love in these affiliations because street gangs thrive off hatred, lawlessness, and despair.

In some cases, however, the street gangs seeking to draft new members do not allow a choice in the matter. For young men and women, especially young men, it becomes a matter of joining the gang in their neighborhood or suffer the consequences. Turf wars, drug dealing, and vigilantly justice are the driving forces behind these gangs. To be a member, you must be ready to participate in murders, robberies, and other crimes dictated by the gang leader.

The Tragedy of Lee McCullen