sentencing

November 30, 2018

Clarifying the Meaning of Probation Violation

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

The simplest way an individual can violate his or her probation in Chicago is getting arrested on new charges. Other scenarios involve people fail to complete provisions of their probation such as contacting their probation officer, taking a court-ordered drug test, or finishing community service hours. The list of violations goes on to include failing to follow through with a drug and alcohol treatment program and failing to pay fines.

Across the border in Indiana, 45-year-old Steven Sells was sent back to prison on December 6th for violating his probation. Sells was previously arrested on charges related to dealing methamphetamine. He failed to submit to a drug test and missed an appointment with his probation officer.

A probation violation defense attorney in Chicago can help if you face such charges. He or she will work with the court to help you avoid the most serious consequences and repercussions.

August 3, 2018

What Should I Expect at Sentencing?

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

Being charged with a crime brings a lot of stress and worry with it. You never know what will come of your case, especially if it goes to trial. Should the case go to trial and you are convicted of the crime, you will then need to attend a sentencing hearing in front of the judge. This is an important hearing because you are learning your fate. You will find out how long you will be sentenced to jail, if any fines will be levied, and if you can avoid any jail time. Here is what you can expect at a sentencing hearing.

The Length of the Hearing

For the most part, the sentencing hearing will not take very long. This is a process that should only last a handful of minutes. All the judge needs to do is read through the pre-sentence report that was created by the probation office. The judge will then listen to arguments made by the criminal defense attorney, the prosecutor, and sometimes the defendant and/or family members of the victim.

May 8, 2018

Get Your Freedom Back: Legal Changes to Life Sentences

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

In the news in Chicago recently, you may have seen a promising development about imprisoned citizens getting justice and their freedom after spending many years of their lives behind bars. These individuals received life sentences at an extremely young age. In fact, some were barely 14 years old when they were sentenced to life for crimes committed. As a result, they have spent more years of their life in a prison than in free society.

Yet, with the help of a United States Supreme Court ruling, you have the right to appeal for a reduced sentence for the sentencing you received. Discover below how you can begin the process to have your life prison sentence overturned.

How Appealing a Life Sentence Works

December 6, 2017

An Overview of the Early Release Program in Illinois

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

Recently, it has been announced that there is a bill that will allow convicts in Illinois to be released at the 85% point of their sentence. The IDOC Releases 2017 has been long discussed by Congress and in legal circles. Some people will have less time in prison as a result of this change. Others might find that there are much stricter rules for getting released. The change follows a recommendation by the Commission on Criminal Sentencing. The new program is meant to reduce offending over the long term.

Just like any other laws, the people who are already in prison might be affected. Those who are going to commit crimes in the future will definitely be affected. These changes work together with all the other reforms that the government has been putting in place. An example is the gun law reviews, which affected those that are repeat offenders for gun crimes.

Things to Watch Out for if You are Convicted

May 31, 2017

Sentencing Guidelines in Chicago: Struggling for Fairness and Consistency

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

Knowledge of sentencing guidelines is not only important for those defendants who have been found guilty of a crime in Chicago, but it is also important for those who intend to enter a guilty plea or have a reasonable expectation of being found guilty. The guidelines act like a framework within which the court is expected to operate. They offer guidance to the judge as to the minimum and maximum sentences anticipated depending on the facts of the case. The range can be quite significant, and many offenses lie in the middle. It is for this reason that a sliding scale of punishment has been adopted.

Understanding the Difference Between Potential and Actual Punishments

Unlike some jurisdictions where sentencing is a technical and artificial exercise of matching index points to a punishment scale, Chicago, like the rest of the USA, demands a much more sophisticated approach. This includes weighing up the relative aspects of the aggravating and mitigating features. Two people who have been involved in an identical crime might get significantly different sentences under the guidelines. The public may perceive this to be unfair, but in reality, it is a reflection of the true nature of crime in which the differences are often more important than the similarities.

January 20, 2017

Felonies in Chicago: Elevating the Consequences of Criminality

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

The felony charge sits just below terrorism and treason when ranking the criminal offenses that are known in the Chicago statues. It is a step up from the misdemeanor and carries a lot of serious consequences for the defendant including the loss of their liberty and a debilitating criminal record. As a rule of thumb, an offense becomes a felony if it is capable of attracting a punishment that exceeds one year in jail. Some jurisdictions have gone as far as setting mandatory sentencing for certain felonies in order to control the court process in such a way as not to dent public confidence in the system. Others have classified obsolete felonies as being non-prosecutable.

There is considerable public debate as to whether the classification of felonies is appropriate for this century. For a start, the idea of a permanent criminal record might sound good in terms of retribution and public safety. However, the reality is that people who are unable to find work will inevitably turn back to crime, which means that the vicious circle will never end. Nevertheless, the trial judge tends to take into consideration a number of factors at the sentence hearing including:

Previous known criminality,

July 31, 2016

Illinois’ New Domestic Violence Law

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

According to the Chicago Metropolitan Battered Women’s Network, approximately 77% of women who are currently incarcerated are victims of abuse. This figure is staggering and is part of the reason why this nonprofit helped to pass Illinois’ new domestic violence law, SB0209. SB0209 is important because it allows being a victim of domestic violence to be a mitigating factor at sentencing. A mitigating factor is any information presented to the court, generally about the defendant or the circumstances surrounding the crime, that has the potential to reduce the defendant’s sentence or the crime charged. Therefore, SB0209 was passed in order to enable courts in our state to reduce a defendant’s sentence if he or she was a victim of domestic violence.

Bill SB0209: History of Domestic Violence as a Mitigating Factor

According to SB0209, if a defendant is or was a victim of domestic violence, and the domestic violence tended to excuse or justify his or her criminal conduct, then evidence of the abuse can be a mitigating factor at sentencing. In order to claim being a victim of domestic violence as a mitigating factor, the defendant must prove the following by a preponderance of the evidence:

April 15, 2016

Your Constitutional Right to Bail

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

Bail is a monetary pledge (a bond) telling the court, that if the court will authorize your release, you promise to abide by any conditions the court demands, and to appear at all hearing dates going forward, including trial. By posting this bond, you are agreeing that should you fail to abide by any of the court’s conditions, your bail will be forfeited, and you will be returned to jail to await your trial. That is the premise under which the court will set bail, and if paid by you or by someone on your behalf, authorize your release from jail.

Can Your Right to Bail be Denied?

When accused of a crime, placed under arrest, and locked up in jail, what are your rights? Are you entitled to be released on bail? How much bail can the courts impose for your release?

January 22, 2016

What is the Difference Between Probation and Parole?

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

Probation

If you are sentenced to probation, you have been given a sentence with lesser jail time than usual because you may be a first time offender, and a probation time period is attached to the sentence which indicates that any violation of the probation will require you to serve out the full jail term. There may be no jail time to serve unless you violate the conditions of the probation (i.e., you have been sentenced to five years probation and you are released with the caveat that if you violate the terms of the probation, you will be remanded to custody to serve out a full five year jail term).

Parole