Articles Posted in Criminal defense

by

In the hustle and bustle of daily life, encountering law enforcement officers can be an intimidating experience. Whether it’s a routine traffic stop, a visit to your home, or being questioned in a public space, understanding your rights during these interactions is crucial. As an Illinois resident, your rights are protected by both state and federal laws, ensuring fair treatment and due process. However, navigating the complexities of these laws can be challenging, especially when facing the power dynamics inherent in police encounters. That’s why having a knowledgeable and experienced criminal defense attorney like David Freidberg of the Law Offices of David L. Freidberg, P.C. by your side is essential. With a deep understanding of Illinois law and a track record of success in defending clients’ rights, Attorney Freidberg provides invaluable support and guidance during every stage of the legal process.

Key Definitions and Legal Concepts

To effectively assert your rights during police interactions, it’s essential to understand key legal concepts and definitions. For example, probable cause refers to the standard of evidence required for police to make an arrest or conduct a search. Without probable cause, police cannot detain you or search your property without your consent.

Continue reading

by

When interacting with law enforcement, the stakes are invariably high. Whether you’re being questioned about a minor incident or a major crime, the implications of your responses can profoundly impact your life. This article elucidates why it is imperative to consult with an attorney before engaging with law enforcement, detailing the relevant Illinois statutes, legal definitions, and potential consequences including fines and jail time.

Understanding Your Rights Under Illinois Law

The foundational legal principle underpinning your rights when questioned by police is the Fifth Amendment of the U.S. Constitution, which protects against self-incrimination. This right is operationalized in Illinois under statutes such as the Illinois Compiled Statutes (ILCS), which govern criminal procedure and rights of the accused.

Continue reading

by

Facing serious criminal charges in Chicago is a daunting experience that requires adept legal representation. For many, the choice between hiring a private criminal defense attorney and relying on a public defender is crucial. While public defenders play an invaluable role in the justice system, there are several compelling reasons why hiring a private attorney can offer significant advantages, particularly when dealing with serious charges.

In-Depth Legal Representation

One of the primary benefits of hiring a private attorney is the level of personalized and dedicated representation they can provide. Private attorneys typically manage smaller caseloads than public defenders, allowing them to devote more time and resources to each client. This personalized attention is crucial in complex cases, where understanding the nuances of the case can significantly impact the defense strategy.

Continue reading

by

Understanding Police Powers and the Role of Warrants

When it comes to interactions between law enforcement officers and the public, the issue of trust and legal boundaries is paramount. One common question that arises is whether police can lie about having a warrant during an investigation or when attempting to gain entry into a home or business. The answer to this question touches on several fundamental aspects of legal rights, police authority, and the protections afforded to individuals under the U.S. Constitution.

A warrant is a legal document issued by a court or magistrate that authorizes police to take certain actions, such as conducting a search or making an arrest. The requirement for a warrant is rooted in the Fourth Amendment, which protects citizens against unreasonable searches and seizures. This means that in most cases, police need a warrant to search your home or other private premises.

Continue reading

by

The Department of Justice has announced charges against hundreds of individuals for COVID-19 relief fraud following an operation conducted by federal, state, and local law enforcement agencies. Many of those facing charges have ties to organized crime, according to the DOJ. In one case, authorities allege that the pandemic relief aid was used to pay for a murder. 

The DOJ has announced charges against over 300 defendants in these cases who allegedly stole more than $830 million from the federal government by making fraudulent claims. In this article, a Chicago criminal defense attorney will discuss pandemic relief fraud, how it works, and prosecutors’ efforts to hold those who stole money accountable for their actions. 

Understanding COVID-19 Relief Fraud

Continue reading

by

Cook County prosecutors dropped charges against a man who was exonerated on an appeal for a crime he claimed he never committed. Throughout his time in prison, he maintained his innocence for a double murder that he says police pinned on him. He spent 34 years in prison on charges that he was involved in the shooting of two 14-year-old boys. 

Police believed that he was cruising the streets for rival gang members. When he could not find any, they claimed he shot the boys instead. The boys were running from a Cook County home back to their father’s house to meet their curfew. 

The defendant would be convicted on charges of first-degree murder and spend the next 12,000 days of his life locked up behind bars.

Continue reading

by

The son of notorious drug trafficker El Chapo has been extradited to Chicago from Mexico on charges of drug trafficking. Ovidio Guzman Lopez was charged in April along with two dozen others who are suspected of being a part of the Sinaloa Cartel. According to the lawsuit, the Sinaloa Cartel used chemicals shipped from China to fuel to fentanyl crisis here in the U.S. The cartel is believed to be responsible for importing 80% of the drugs found on Chicago streets over the past three decades. 

Standoff Between Sinaloa and Mexican Police

U.S. authorities have wanted to extradite Guzman Lopez since 2019. He was captured by Mexican authorities in a small town outside the city of Culiacán. In 2019, Mexican authorities attempted to apprehend Guzman Lopez but the cartel fought back engaging in shootouts with Mexican authorities and military. The Mexican president ordered Guzman Lopez released to avoid further bloodshed. 

Continue reading

by

Illinois has officially become the first state in the country to eliminate cash bail. Proponents of the measure say that it punishes the poor unfairly. The Pretrial Fairness Act prevents judges from setting bail but gives them broader discretion to deny release to those accused of violent crimes. Those opposed to the measure included prosecutors and police officers who see it as being “soft on crime.”

The measure is seen as leveling the playing field for Black, Brown, and poor communities that can’t afford to pay their way out of jail even when they are not a risk to the community. A 2022 civil rights report on cash bail showed that, on average, Black arrestees are required to pay 35% more than their white counterparts. Latinos on average pay 19% more. Hence, the system was intrinsically racist and remains so in states that have not eliminated cash bail. An estimated 60% of defendants ended up in jail because they could not afford to post bail. 

Critics of the measure believe that this will allow dangerous people back on the streets. Law enforcement and other critics of the measure believe that now that cash bail has ended, defendants have no incentive to return to court. This will end up creating a situation where they are searching for defendants who are let out of jail.

Continue reading

by

A Chicago man was recently found guilty of the rape of a 15-year-old girl while she was walking home in 2017. The 66-year-old defendant had been charged with two counts of rape, attempted rape, criminal confinement, armed robbery, and battery with a deadly weapon. The defendant was convicted on each of the seven counts and faces a maximum prison sentence of 146 years behind bars. The defendant rejected a 40-year prison sentence in a plea deal offered by the state. 

According to the charges, the defendant had followed the 15-year-old girl down the street as she was walking home. He dragged her into an alley, where he raped her, according to prosecutors. The same defendant has another count of rape filed against him. He has been charged in Chicago with raping another woman at knifepoint in East Chicago. 

Sexual Assault Charges in Chicago, IL

Continue reading

by

Former porn star Ron Jeremy has been declared mentally incompetent to stand trial by the judge presiding over his case. He faced dozens of rape charges but was only recently in the news after victims came out to share their stories. A judge declared that he was in “incurable neurocognitive decline,” and his condition was unlikely to improve. Prosecutors have asked that Jeremy be routinely reevaluated in case his condition improves. A hearing deciding Jeremy’s fate will be held later. He is likely to end up in a state hospital.

Jeremy pleaded not guilty after a grand jury indicted him on 34 counts of sexual assault. 12 of those counts included allegations of forcible rape. His defense attorney stated that he believed Jeremy would be found innocent of the charges. He expressed regret that Jeremy would not have the chance to defend himself in a court of law. 

The law requires those who are facing charges to understand the charges filed against them and be able to participate in their own defense. The court ruled that Jeremy did not understand the charges against him due to his health and could not participate in his own defense. This is different than an insanity plea. Below, we’ll discuss the case in more detail.

Continue reading
Contact Information
Chicago Office
70 W Madison St
#1450
Chicago, IL 60602
Phone: (312) 560-7100
DuPage Office
140 Butterfield Rd
#1500
Oakbrook Terrace, IL 60181
Skokie Office
5250 Old Orchard Rd
#300
Skokie, IL 60077

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2024, Law Offices of David L. Freidberg, P.C.
JUSTIA Law Firm Blog Design