prison

October 19, 2018

How to Handle an Incarcerated Loved One

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

Having a loved one incarcerated can cause a lot of strain on your relationship, whether you are married, dating, or even if you are divorced. Knowing how to deal with such a circumstance in Chicago can mean the difference between a stressful life and one that is a little bit easier to handle. Today, we will discuss how you can handle dealing with an incarcerated loved one so you can make the proper adjustments for yourself and your family.

Avoid Treating it as a Loss

One of the worst things you can do for yourself and for your loved one in jail is treat this as a loss. You did not lose your loved one. He or she is still alive. You can still talk on the phone, write letters, and physically visit him or her in prison. You cannot mourn this situation like you would the death of a loved one. There is one thing you must know: Others might not offer much support when a loved one is in jail like they would if your loved one had died.

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

October 27, 2017

The 7th Circuit Considers a Legal Challenge to Eight Years in Solitary Confinement

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

There has been a preliminary hearing to consider whether the civil rights of a prisoner who has been in solitary confinement for eight years were violated. This was not a final ruling but rather permission to proceed with the case. That means that there was either probable cause or serious constitutional issues that had to be dealt with by the court on the case.

The full court reversed a summary judgement that had earlier been passed against a federal inmate. The prisoner had brought a petition about his constitutional due process and rights. Aaron Isby had been convicted of robbery as well as serious bodily harm in 1989. He was imprisoned at the Pendleton Correctional Facility.

When an inmate, Isby had had an altercation with a counselor. He was gassed and apprehended by a cell-extraction team. A dog died during the incident. The inmate actually stabbed two officers. This led to a charge and conviction of attempted murder as well as battery. Another 40 years were added to his sentence.

August 25, 2016

How do Judges Set Bail in Illinois?

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

The Chicago Tribune reports that a Chicago man is currently being held at the Skokie courthouse jail with bail set at $250,000 for allegedly Tasering a 79-year old woman during an attempted robbery. The man is charged with aggravated battery and attempted robbery after supposedly attacking the elderly woman while she was sitting in her car. The man’s public defender has released a statement indicating that the defendant does not have enough money to post bail. Therefore, he will remain in jail at least until his preliminary hearing which is currently scheduled for September 8th. But why did the court decide to set this man’s bail at $250,000? What factors does a court take into consideration when setting bail? This article provides a brief overview of what bail is and how it is set in Illinois.

What is Bail?

Simply put, bail is the amount of money that a court requires in exchange for releasing an accused criminal defendant from custody while he or she awaits a day in court. Money paid as bail is refundable and is returned to the defendant after he or she appears for the court date and satisfies any other conditions of bail. However, if the defendant skips town or does not appear in court for some reason then that bail is forfeited. The idea is that defendants who have posted a seizable bail will be strongly incentivized to show up at court for their trials.