criminal defense

February 19, 2016

Sealing Your Criminal Record if Expungement is Not Available

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

If you are not eligible to have your records expunged, what are your options? If you have multiple arrests and convictions, or if you have been convicted of certain Class 3 and Class 4 felonies, you are also not eligible for an expungement of your record. But all is not lost. There is another alternative to expungement of your criminal record, and that is “sealment.” Seek the advice of an expert criminal attorney to find out if you are eligible to have your criminal record sealed if an expungement is not available to you.

Sealing Criminal Records Under the Illinois Criminal Identification Act

Currently under the Illinois Criminal Identification Act, certain records of felonies can be sealed from public scrutiny. Unlike “expungement,” sealed records are not destroyed, they still exist but they are not available to the public. Law enforcement entities, such as the courts and police precincts will still have access to your sealed records. There is an attempt by the Illinois House to expand the Sealing Laws of Illinois. House Bill 5723, if passed, will expand the types of criminal records eligible to be sealed.

February 17, 2016

Expunging Your Record After a Conviction

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

You have done the crime, you have done the time, and now you would like a fresh start. Your question is “Is it possible?” Is there any way to close that chapter of your life and have a fresh start without a criminal past dogging you? The answer is “Maybe.”

A more comprehensive response to this question depends upon whether or not this was a first time offense, whether the level of the criminal charge filed against you was for a felony or a misdemeanor, whether the case has been disposed of (i.e., conviction, acquittal, probation, etc.), and how long ago.

For the most part, expungement and sealing are available to clear the records for certain criminal offenses. Illinois has enacted legislation that is designed to expunge and seal criminal records for crimes committed within the state of Illinois and that fall under the state’s jurisdiction. However, expungement and sealing are not available for minor traffic violation cases such as speeding tickets.

February 12, 2016

Serial Stowaway Apprehended Again

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

We have heard of serial killers, those mentally crazed individuals that satisfy their urge to take the life of another, for no reason at all. We have serial burglars that break and enter homes, warehouses, and any place where they will find the property and valuables of another. We have serial sex offenders who stalk and attack (usually women and children) to satisfy their urges to assault someone. But now there is a very unusual serial criminal perpetrator who commits her crime to satisfy her urge to “travel.”

We Have a Serial “Stowaway”

The serial stowaway who has been making a name for herself over the past several years is Marilyn Hartman whose love of travel; love of attention; or something else, makes her sneak aboard flights again and again. Ms. Hartman has made approximately thirteen known failed attempts to board flights without a ticket, and has succeeded at least twice; once on a flight from Minnesota to Jackson, Florida; and on another flight from San Jose to Los Angeles, California. She also has made three failed attempts within a six day time frame to board a flight to Hawaii. See dailymail.co.uk.

January 15, 2016

How Does the Bail Bonding Process Work?

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

You have been arrested. You do not have a “get out of jail” free card, so what do you do? If you are accused of a crime and arrested in Chicago, the first thing you will want to do is call your attorney. The very next thing you will want to do is find out if you are eligible for bail. But what is the process?

The Illinois State Legislature does permit an accused to be released on bond, however, unlike most other states, Illinois does not permit private bail bond companies to operate anywhere in the state. The bail bond must be obtained from a state- or county-run agency.

After bail is set, an accused may obtain a bond by paying the full amount of the bail in cash (a “C” bond), paying a percentage of the bail (a “D” bond which is usually 10% of the total amount of the bail), or providing collateral (i.e., a lien on real estate) before he or she can be released. The deposit for the bond will be returned to the accused after he or she appears in court, or if real estate was used as collateral, the lien placed on the real estate will be removed. IllinoisCourts.gov

January 8, 2016

Expunging or Sealing Criminal Records: What is the Difference?

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

If you have ever been arrested for committing a crime in any state, whether convicted or not, you have a criminal record. Despite what you have been told, adult criminal records and juvenile criminal records (also known as “rap sheets”) are never automatically cleared. If you incurred a “rap sheet” at any time in your life, perhaps when you were “sowing those wild oats,” but now you have settled down and have become an exemplary citizen, the previous record of your indiscretions is available for public scrutiny.

Can I Have My Criminal Record Expunged or Sealed?

The short answer is “yes,” you can have your criminal record expunged or sealed if your record is eligible. Your first step is to consult with an experienced criminal law expert who will walk you through the process.

December 30, 2015

Criminal Defense: Illinois’ Self-Defense Laws

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

Multiple murders on the streets of Chicago on any given weekend now seem to be a fact of life. The murder rate in Chicago has increased by 13% since 2013; shootings not ending in death were up 40% during the first three months of 2015. It is little wonder that Chicago residents do not feel safe on the streets, or even in their own homes. (See Chicago Tribune) So do you know your rights regarding self-defense, or defense of your property? If threatened with bodily harm or death, do you have a duty to retreat before defending yourself, or can you “stand your ground”? How much force can you use to prevent a “trespass,” reasonable or deadly? What is reasonable force and what is deadly force, and in what circumstances is it alright to use either?

Answers to These Questions are a Phone Call Away

A little while back, there was a lot of controversy over “stand your ground” laws after an incident that occurred in Florida. An aggressor-turned-victim was killed in an act of assault by another who claimed “self-defense.” This incident created such a fury throughout the nation, partly because of the racial component of the incident, and partly because people began to wonder at what point can they be arrested and tried for murder in a case such as this. States scrambled to take a second look at their “self-defense” laws. New laws were enacted, and some were reviewed and revised to fit the ever increasing violence in our overcrowded urban areas.

December 18, 2015

Chicago Property Crimes

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

When people think about crime, it is usually violent crime that comes to mind. Drug and gun related crime dominates the news, especially in the Chicago area. That said, property crimes are four times more prevalent in Chicago than violent crimes, and many such crimes are serious offenses. Being convicted of certain property crimes can result in serious consequences including incarceration and hefty fines and fees. Do not take property crime charges lightly. If you are facing any charges related to a crime against the property of another in the Chicago area, you need an aggressive Chicago criminal defense lawyer.

What are Property Crimes in Illinois?

Property crimes are those crimes involving the theft or the destruction of the property of another. The term property crime is an umbrella category under which many different misdemeanor and felony charges can be brought. Illinois recognizes numerous crimes against property, and defines property as anything of value. Some examples of property crimes Chicago-area residents are charged with include arson, burglary, shoplifting, and theft. Other property crimes include destroying or otherwise defacing public or private property, and vandalism. Different types of fraud, including identity theft, are also crimes against property.

November 18, 2015

Felony Murder: When Self Defense is No Defense

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

First-degree murder carries the highest sentence of any single crime in all of Illinois and is subject to the mandatory minimum statute. This means that those convicted are almost guaranteed at least a 20-year prison term, and if a gun is used the mandatory minimum jumps to 45 years. Felony murder is a one type of first-degree murder.

If someone dies during the commission of a forcible felony, those committing the felony can be charged with first-degree murder. You can be charged with felony murder even if the person died accidentally or was killed by someone else, as long as a forcible felony was being committed at the time. Illinois prosecutors have even successfully brought felony murder charges in situations where a co-felon was killed by the police. A forcible felony is defined as sexual assault, robbery, burglary, arson, kidnapping, aggravated battery, and any other felony that involve the use of or threat of physical force or violence.

Self-Defense Claims are Unavailable

November 11, 2015

A Man Legally Carrying a Concealed Weapon Kills Attempted Robber

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

A man was fatally shot by a customer as he tried to rob a business in Gage Park this past weekend. The man who was shot entered a currency exchange store, withdrew a gun, and demanded money. A customer then withdrew his own firearm and shot the alleged robber multiple times, and the man died. The alleged perpetrator had a long history of criminal charges for robbery, and the person who shot him did have a concealed carry permit and an FOID card. Because the man who shot was legally carrying a firearm, the Chicago police have indicated he will not likely be charged with a crime. Obviously, understanding what you need to do to legally carry a concealed weapon in Illinois can make the difference in a real life situation as to whether you will later face criminal charges, so it is critical to know the law.

Firearm Concealed Carry Act

On July 9, 2013, Illinois adopted the Firearm Concealed Carry Act, which allows those with a valid license to carry a concealed weapon in public. This law was passed in large part in response to the high crime rate in Chicago and the surrounding area, as people began demanding the right to protect themselves in public. The crime rate is indeed lower since the Firearm Concealed Carry Act was passed. Illinois is a “shall issue” state, which means that the Department of State Police are required to issue a concealed handgun license as long as the applicant:

October 28, 2015

Man Sought in Irving Park Bank Robbery

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

On Wednesday, October 21, 2015, a man robbed an Irving Park neighborhood bank located on the Northwest side. According to witnesses, the man walked into the Wintrust Bank branch at 4343 N. Elston Ave. between 4:00 and 4:30 in the afternoon, gave the teller a note demanding cash, and then ran away with an unspecified amount of money, according to Chicago Police and the FBI. The suspect has not been caught at this time, but if he is caught, he will face serious federal charges and a lengthy prison sentence.

Bank Robbery Charges

If you are charged with bank robbery, it is always a federal offense. To be convicted of bank robbery, the assistant U.S. Attorney must be able to prove beyond a reasonable doubt that a person took or tried to take money or property from an institution that is federally insured. Even if you are arrested for allegedly stealing from an ATM, you will be charged with bank robbery.