Criminal defense

October 25, 2025

Can I Still Be Deported If I Win My Criminal Case in Chicago?

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

When Beating a Criminal Charge Doesn’t End Immigration Risks in Illinois

As a Chicago criminal defense lawyer, I often meet people who breathe a sigh of relief after a not-guilty verdict or a case dismissal, only to discover that their immigration troubles are far from over. Illinois law governs what happens inside the courtroom, but immigration law—controlled by federal authorities—can reach far beyond it. Even when your criminal case ends favorably, the arrest, police reports, and court documents remain visible to federal immigration agencies. Those records can still affect your ability to stay in the United States, renew a visa, or apply for citizenship.

Chicago’s population includes tens of thousands of lawful permanent residents, DACA recipients, and work-visa holders. Many live in neighborhoods like Albany Park, Brighton Park, and West Ridge, where families often include both citizens and non-citizens. When someone is arrested in these communities, the case flows through Cook County courts, where the criminal process begins under the Illinois Criminal Code (720 ILCS 5). Whether the charge is a Class A misdemeanorsuch as retail theft or a Class 2 felony such as aggravated battery, the potential immigration consequences can be significant.

October 1, 2025

Ice Detainers Vs. Warrants — A Critical Difference Every Chicago Defendant Must Understand

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

How Immigration Enforcement Collides with Illinois Criminal Law

In Chicago’s busy criminal courts, confusion often arises when people hear that ICE “has a warrant.” I’ve spent decades defending clients across Cook County, and many were shocked to learn that what officers called a “warrant” was actually a detainer request. The difference isn’t technical—it determines whether your rights were violated and whether you can legally be held in jail.

Illinois criminal law defines how warrants must be issued and executed. Under 725 ILCS 5/107-9, a judge must find probable cause and sign the document. A warrant authorizes a lawful arrest or search. An ICE detainer, on the other hand, is a civil administrative notice from Immigration and Customs Enforcement asking local officials to keep someone in custody for up to 48 hours beyond their scheduled release. It is not signed by a judge and carries no judicial authority under Illinois or federal criminal law.

September 23, 2025

Defending Against Federal Aggravated Identity Theft Charges in Chicago, Illinois

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

Federal aggravated identity theft is not just another fraud charge—it is one of the harshest federal crimes prosecuted in Chicago. Under 18 U.S.C. § 1028A, defendants convicted of aggravated identity theft face mandatory prison time. Judges cannot reduce or suspend these penalties, which means the stakes are higher than in almost any other federal fraud case.

While Illinois state law under 720 ILCS 5/16-30 punishes identity theft, outcomes can sometimes include probation or conditional discharge. In federal court, however, there is no room for leniency once guilt is established. This sharp difference makes federal aggravated identity theft an especially intimidating charge for defendants in Cook County, DuPage County, Will County, and Lake County.

In Chicago, these cases are prosecuted at the Dirksen Federal Courthouse, where seasoned prosecutors handle white-collar and fraud-related charges daily. Defendants who walk into court without an experienced federal defense lawyer are at an enormous disadvantage.

September 22, 2025

Defending Federal Human Trafficking Allegations in Illinois Under 18 U.S.C. § 1591

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

Chicago’s Role in Federal Criminal Enforcement

Chicago is not only the largest city in Illinois but also one of the busiest federal jurisdictions in the country. Because of its central location, major airports, and international commerce, it draws the focus of agencies such as the FBI, Homeland Security Investigations, and the U.S. Attorney’s Office. One of the areas where these agencies concentrate their resources is federal human trafficking enforcement.

While Illinois law recognizes both misdemeanors and felonies, with misdemeanors carrying up to one year in jail and felonies ranging from Class 4 to Class X under the Illinois Criminal Code, human trafficking is always treated as a felony-level crime. In Illinois state court, 720 ILCS 5/10-9 makes it illegal to traffic persons through force, fraud, or coercion, and penalties can range from lengthy prison terms to life sentences in certain cases. But when the federal government steps in under 18 U.S.C. § 1591, the stakes are even higher.

September 16, 2025

Chicago Hit-and-Run Defense Attorney

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

Chicago is a city with constant traffic—congested highways like the Dan Ryan and Stevenson Expressway, the busy downtown streets, and neighborhood intersections from Englewood to Uptown. With so much activity, accidents are part of daily life. But when a driver leaves the scene of a crash, Illinois law treats that decision as a criminal act.

A hit-and-run charge in Chicago can turn your life upside down. What may have started as panic or confusion can quickly lead to police involvement, felony charges, and the risk of jail or prison. Under Illinois Vehicle Code 625 ILCS 5/11-401 through 11-403, every driver has a duty to stop after an accident, exchange information, and render aid if necessary. Failure to do so can result in serious consequences—even for first-time offenders.

At The Law Offices of David L. Freidberg, I have defended clients accused of hit-and-run throughout Chicago and the surrounding counties. Understanding the legal process and your rights is the first step toward protecting your future.

September 8, 2025

Warrantless Trunk Searches in Illinois: What You Need to Know

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

The question of whether police can search your trunk without a warrant is one of the most common issues in Illinois criminal defense. Chicago drivers are stopped every day for minor traffic violations, and officers sometimes expand those stops into full-blown criminal investigations. Understanding your rights and the limits of police power is essential.

Constitutional and Illinois Protections

The Fourth Amendment provides protection against unreasonable searches. Illinois law mirrors this protection in Article I, Section 6 of the state constitution. Courts recognize exceptions, including consent, probable cause, and the automobile exception. These exceptions often determine whether a trunk search will hold up in court.

September 7, 2025

The Long-Term Consequences of a Minor Gun Possession Conviction in Chicago

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

Chicago’s Landscape and Illinois Firearm Laws

Chicago’s neighborhoods are full of history and resilience, from Bronzeville’s cultural landmarks to the vibrancy of Little Village. Yet the city also faces constant challenges around youth and firearms. When a minor is arrested for possessing a gun in Chicago, the immediate concern is avoiding jail or prison. But what many families do not realize is that the long-term consequences of a conviction can last far longer than the sentence itself.

Illinois law takes gun possession by minors seriously. The core statute, 720 ILCS 5/24-3.1, prohibits anyone under 18 from possessing a firearm or ammunition unless they fall within narrow exceptions. Most cases are charged as a Class A misdemeanor, punishable by up to 364 days in county jail and fines of up to $2,500. But aggravating circumstances can elevate the charge to a Class 4 felony, carrying 1–3 years in prison and potentially higher fines.

September 6, 2025

Illinois Traffic Stops: Protecting Passenger Rights Against Overreach

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

Chicago Streets and the Scope of Passenger Rights

Chicago traffic stops are part of everyday life, whether you’re riding along in a car through Wicker Park, Austin, or the Near South Side. Police presence is high in many of these neighborhoods, and officers often stop cars for minor equipment violations or alleged moving infractions. What begins as a simple traffic matter can quickly escalate into something far more serious, not just for the driver but for passengers as well.

Illinois law recognizes that both drivers and passengers are seized under the Fourth Amendment when police initiate a stop. This means passengers cannot freely leave until the stop is complete. Officers may attempt to use this restriction to question passengers, request identification, or justify searches. Too often, passengers feel trapped into giving consent or answering questions that later lead to criminal charges.

September 1, 2025

Labor Day Weekend Arrests and Illinois College Students: What You Need to Know

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

Chicago’s Holiday Crackdowns on College Students

Labor Day weekend is one of the busiest times of year in Chicago. College students from schools like DePaul, Loyola, and the University of Illinois at Chicago celebrate with friends across neighborhoods such as Lincoln Park, Lakeview, and Wrigleyville. These celebrations often include alcohol, parties, and large public gatherings. At the same time, Chicago police and Illinois State Police increase patrols, set up sobriety checkpoints, and conduct undercover operations targeting underage drinking and drug offenses.

The result is a sharp spike in arrests involving college-aged individuals. Some arrests involve minor infractions, while others involve more serious felony charges. In Illinois, criminal offenses are divided into misdemeanors and felonies. Misdemeanors are punishable by less than one year in county jail, while felonies carry one year or more in state prison. College students may face either category depending on the conduct and the circumstances of their case.

August 31, 2025

Arrested in Illinois Over Labor Day Weekend?

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

The Reality of Holiday Weekend Arrests in Chicago

Labor Day weekend in Chicago is a time of crowded celebrations, parades, and heavy nightlife activity. From downtown bars to neighborhood gatherings in Little Village, Uptown, and South Shore, police presence is heightened. Law enforcement is under pressure to reduce accidents, keep order, and send a message of zero tolerance for crime during holiday weekends. As a result, arrests often spike across Cook County.

Illinois law categorizes crimes as misdemeanors or felonies depending on severity. For example, Class A misdemeanorslike first-time DUI or retail theft under $500 can mean up to a year in jail and $2,500 in fines. Felonies — such as aggravated battery, burglary, or drug distribution — carry prison terms ranging from one year for a Class 4 felony up to decades for Class X felonies. The seriousness of charges filed over Labor Day depends on the incident, but police often err on the side of harsher charges when crowds and alcohol are involved.