Chicago criminal lawyer

February 3, 2023

Tattoo Artist Accused of Sexual Assault While Out on Bond for Sexual Assault

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

This is part of the problem with the arguments against removing cash bail. The obvious thing is that cash bail does not prevent violent individuals from committing more violent crimes. It allows those who can afford to buy their way out of jail, do so. The idea that this makes you safer is silly.

Ending cash bail would give judges discretion over which cases an individual could be held for. In the case of sexual assault or other violent crimes, any form of bail would be denied.

In this case, a man was accused of sexually assaulting several female clients to whom he provided tattoos. He was charged with the crimes, bonded out of jail, and then committed several more sexual assaults. On Wednesday, he was denied bail.

October 14, 2022

Chicago Police Officers Face Charges Related to Shooting of Unarmed Man

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

Two Chicago police officers have been charged after an on-duty shooting of an unarmed man, according to the State’s Attorney’s Office. Charges were filed after video surveillance contradicted statements made by the police officers concerning the incident. The two officers now face charges of aggravated battery with a firearm, aggravated discharge of a firearm, and official misconduct. Each of these is a felony with a potential sentence of up to 30 years. The two have been relieved of duty.

The victim did not have a weapon, nor did he fire a weapon when police officers shot at him. He has since filed a lawsuit against the Chicago police. The man was shot twice in the back and once in the leg. His attorney says that he was not a threat to police officers when he was shot.

The situation was made worse after the victim was brought to the hospital for treatment. At the hospital, the victim was pulled away to answer questions. He was later released without charges and sent back to the hospital. He was still in pain and bleeding when he was he was being questioned.

April 8, 2022

Verdict Alert: Water Polo Coach Accused of Bribery and Fraud

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

Closing arguments are currently underway in a trial against a USC water polo coach. The coach is accused of faking test scores and inventing athletic achievements including using his role as a water polo coach to help rich applicants secure spots at the exclusive college.

According to prosecutors, wealthy parents paid over $200,000 so that the coach could establish their children as water polo recruits to gain acceptance. Attorneys for the defendant claim that their client never took a bribe. His attorneys claim that some of the money was deposited into the water polo team’s coffers with the rest of it being scholarship money awarded by a non-profit for the coach’s children. However, the non-profit organizer is a close crony of the coach and is considered the mastermind behind the bribery scheme which targeted several schools.

60 people have been charged in the scheme to help rich people get their low-performing children into exclusive schools. The water polo coach is the only one to fight the charges at trial. The investigation took down Lori Laughlin of Full House fame and other notable celebrities.

December 3, 2021

Woman Charged in Death of Mother Faces Trial in U.S.

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

A Chicago-area woman is facing charges for the murder of her mother in Indonesia. She spent the last seven years in an Indonesian prison on the same charges. She is believed to have killed her mother with the help of her boyfriend at the time. Authorities believe that the daughter and her boyfriend killed the mother and then stuffed her into a suitcase. The two exchanged text messages on how and when to kill the mother. The defendant has pleaded not guilty to the charges but waived a release hearing that would have allowed the judge to set bond. She will remain in federal prison until January when her next hearing is set.

Does double jeopardy apply to foreign prosecutions?

No. It is only intra-circuit, which can make things frustrating and confusing. If, for example, a defendant is charged under state law and the jury comes back with a verdict of not guilty, the federal government can step in and re-prosecute the charges. This almost never happens unless the issue is extremely high-profile and the stakes in a conviction are extremely high.

April 9, 2021

Former State Senator Charged With Tax Evasion

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

Annazette Collins has been charged with failing to report income and underreporting income after a grand jury decided to indict her just recently. Collins is facing a five-count indictment related to her political consulting firm. The federal government accused Collins of willfully attempting to hide income streams for the purpose of avoiding taxes.

The charges stem from a bribery probe involving embattled former Congressman Michael Madigan. Collins is the latest collateral damage in the corruption probe that is still ongoing. Collins left office in 2013 as a Democrat. She was then hired by Commonwealth Edison (ComEd) after her retirement. An attorney for Collins characterized the charges as a “blatant attempt to squeeze Collins” for information concerning the ComEd case. That is probably true. It is unlikely that Collins would have faced these charges (at least now) if there was not a more important case that might involve her.

Collins is not the only former Congressperson facing charges related to ComEd. Recently, Ed Acevedo and his three sons pleaded not guilty in relation to similar charges. If convicted, Collins could spend three years behind bars.

May 8, 2020

FORUM Boss Charged With Theft of Grant

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

Yesse Yehuda, the politically-connected head of the FORUM non-profit, has been charged by federal authorities for misappropriating $200,000 in funds earmarked to develop south suburban properties and fund a workplace training program.

Yehuda has been charged with eight counts of bank fraud and seven counts of wire fraud.

Where Did the Money Go?

April 1, 2020

Curtis Lovelace v. The People of Illinois

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

Curtis Lovelace was charged with the murder of his wife, Cory Lovelace, in Illinois. After a mistrial the first time around, a jury decided that the prosecution had not met their burden of proof and acquitted Lovelace of the crime. Nonetheless, Lovelace was sent a bill for over $40,000 for posting bond and various expenses related to his in-home incarceration. We also spent some time in a county jail before he was able to get friends to lend him the money.

Lovelace is now jobless, family-less, and his life is destroyed. After the acquittal, Lovelace petitioned the court to return the entire $350,000 bond. But instead, they sent him an “administrative fee” for $35,000 and charged him another $5,000 for the 277 days he wore an electronic monitor.

Recently, the Supreme Court of Illinois declined to hear his case.

October 11, 2019

Two Gang Officers Charged After FBI Sting

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

Two Chicago police officers, Sgt. Xavier Elizondo and David Salgado, are facing federal charges for obstruction of justice, lying on affidavits, and lying to the FBI. The two allegedly falsified information on search warrant petitions to judges to execute no-knock warrants in Chicago’s most dangerous neighborhoods. They are also accused of stealing drugs and money recovered from the raids.

In early 2018, the FBI set Elizondo and Salgado up. They had stolen what they believed was drug money from a vehicle that the FBI towed away. Later that day, the FBI raided Salgado’s home. Both men have pleaded not guilty to conspiracy and obstruction charges. The most serious charge against the men carries at 20-year sentence.

Search Warrants at the Heart of This Trial

June 5, 2015

Citizens Forcibly Detain Alleged Chicago Robber

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

Three Chicago men chased down and forcibly detained a man after he allegedly committed robbery of a woman in the vestibule of a building. The three men tackled the alleged assailant and held him until police arrived. Although there is no indication that police plan to do so, under certain circumstances the three men’s actions could be considered crimes themselves.

Chicago Vigilante Justice

People who prevent crimes are generally regarded as heroes. But there is a price to vigilante justice – just like the criminal justice system, sometimes innocent people are wrongly accused of crimes. That is why the law discourages citizens going out and “righting wrongs” and arrests them for their crimes – think fathers who murder their daughter’s abuser, or a brother murdering the people who killed his sister. Bringing assailants to justice is best left in the hands of the criminal justice system, where all of the evidence is brought before a jury to examine and make a decision on the defendant’s guilt or innocence.

In this case, it is unlikely that the prosecutor would file charges against the three men because their actions followed immediately upon the heels of the alleged crime. Most cases brought against vigilantes are done when their acts were done at some time following the crime, making them more deliberate, as opposed to a heat of the moment case.

That being said, what are some possible charges that could be brought against the three men who detained the alleged assailant, and what are the possible defenses?

Assault

Assault occurs when a person, without lawful authority, puts another in fear of bodily injury. The alleged assailant in this case no doubt feared for his safety as he was being chased by these three men. It’s not like they were chasing him to say hi, or return something he’d just dropped on the street. The minute they yelled and started chasing him, the assault was complete.

Battery

Battery occurs when a person, without legal justification, causes bodily harm to another, or makes physical contact of an insulting or provoking nature. When the three men grabbed the defendant, that contact was sufficient to constitute a battery.

Unlawful Restraint

A person commits the crime of unlawful restraint if he “knowingly without legal authority detains another” person. In this case, the three men clearly detained the alleged assailant, holding him until police arrived. Their action was performed knowingly – that is, intentional – because they chased after him in order to catch and detain him.

Defense

The only defense to each of these charges would be if the men had “lawful authority” to chase and detain the defendant. Illinois law permits a “citizen’s arrest” if the person has “reasonable grounds to believe that an offense . . . is being committed.” In this situation, whether the men had legal authority would hinge on when their chase of the alleged assailant occurred. If it began before the crime was completed – for example, if they heard the woman yell while her purse was being stolen and began the chase – then they would have the legal authority required to make a citizen’s arrest. But if they gave chase after the defendant had already ran away, they would not, because a citizen is only authorized to make an arrest if the crime is being committed, meaning it has not been completed yet.

May 14, 2015

The Use of Social Media in Chicago Criminal Cases

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

Social media sites such as Facebook, Twitter and Instagram are changing more than just how we communicate with friends and family. It is changing the way law enforcement and criminal defense attorneys handle their cases as well.

The Oak Brook police department, for example, posts alerts on its Twitter and Facebook pages in real time, alerting followers to descriptions of suspects and vehicles to be on the lookout for. Law enforcement routinely comb suspects’ social media sites – many of which are wide open to the public – for evidence that could point to commission of the crime or fulfill the reasonable suspicion necessary to obtain a search warrant.

Law enforcement also uses social media in sting operations to catch child predators, having undercover cops pose as underage children in online chat rooms or other groups and arranging meetups. And a suspect’s updates can pinpoint his location to a specific time and location, which could help put him in the vicinity of the crime or, in the case of a defense attorney, could provide an alibi.

But while social media is changing the way police, prosecutors and criminal defense attorneys obtain evidence and conduct their investigation, the evidence is still subject to scrutiny and must be collected in accordance with the same rules of criminal procedure that apply to other evidence.

Access to social media accounts. For example, law enforcement could not hack into your social media sites. If they want access to non-public information, they need to obtain a search warrant or have your consent to access the sites. If you have a shared account with another person – many husbands and wives share Facebook accounts, for instance – the other person could consent to law enforcement’s access of the account.

Hacked accounts. If the police find photographs or other evidence that tends to show the suspect was responsible for the crime, computer experts must be called in to examine the evidence to determine if it could have been posted by somebody else. Did the suspect have access to the social media site at the time the photo, status or other evidence was posted? Does somebody else have access to the account? Could the time stamp or location designation have been altered? Could the incriminating evidence have been posted due to spam?

On the other hand, social media sites give law enforcement the potential for unparalleled access to a suspect’s information that may seem sneaky, but are nonetheless legal.

Facebook friends. If your page is private, law enforcement can set up a fake profile and request to be your friend. If the friend request is accepted, law enforcement can use anything on your page as evidence without the need for a search warrant, because you invited them to look.

Off-site entry. Have you ever gotten a call from somebody claiming to be your computer’s technical support, asking for access to your computer to fix a “bug”? Law enforcement could try to access your computer that way as well, which could give access to your social media passwords. This may be considered legal access to your information, even though you wouldn’t have given them permission if you’d known who they really were, similar to if you allow a police officer into your home.