Articles Posted in Uncategorized

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Why Refusing a Breath Test in Chicago Creates Two Separate Legal Battles

Many drivers in Chicago believe refusing a breath test protects them from a DUI conviction. While refusal removes certain chemical evidence, Illinois law imposes automatic consequences that begin immediately. A refusal often leads to two separate legal issues. One is the DUI criminal case. The other is the statutory summary suspension of driving privileges. Both matters proceed independently and require careful legal strategy.

Illinois DUI law is primarily governed by 625 ILCS 5/11-501. This statute outlines when a driver may be charged with driving under the influence. A first DUI offense is typically charged as a Class A misdemeanor. However, aggravating circumstances such as prior DUI convictions, accidents causing injury, or driving without a valid license can elevate the charge to a felony offense.

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Why Choosing the Right Lawyer Matters and Why Clients Trust The Law Offices of David L. Freidberg

Defendants facing federal charges cannot afford delay or inexperience. Waiting to hire a lawyer often means surrendering control to the prosecution. The Law Offices of David L. Freidberg provides aggressive, informed defense from the earliest stages of a federal investigation through trial. With decades of experience handling serious criminal cases in Chicago and throughout Illinois, the firm understands what is at stake and how to protect clients at every step.

If you are under investigation or have been charged with a crime in Chicago or anywhere in Illinois, contact The Law Offices of David L. Freidberg immediately. We offer free consultations 24/7. We’re available 24 hours a day, 7 days a week. Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. Your future is worth fighting for. We’ll stand with you—and we’ll fight to protect your freedom from the very first call. Early legal representation can make the difference between indictment and defense.

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When you’re pulled over in Illinois, it’s natural to wonder what rights you and your passengers actually have. One of the most common questions people ask is whether police can ask passengers for identification during a traffic stop — and whether those passengers are legally obligated to comply.

Understanding these rights can make a significant difference in how a traffic stop unfolds, especially when the stop could lead to criminal charges or a more in-depth investigation. Below is what every driver and passenger in Illinois should know.

What the Law Says in Illinois

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Facing criminal charges can be one of the most stressful experiences of your life. As a criminal defense attorney in Aurora, Illinois, I have dedicated my career to defending individuals against a wide array of criminal charges. This article provides a detailed overview of the various criminal offenses, the criminal case process, and why having a skilled attorney is crucial.

Categories of Criminal Offenses

Criminal offenses in Illinois are classified into several broad categories, each with its own specific statutes and penalties.

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Aggravated arson is one of the most severe charges one can face in Illinois, with significant legal and personal repercussions. As an experienced Illinois criminal defense attorney, I have witnessed the devastating impact these charges can have on individuals and their families. Understanding the legal framework surrounding aggravated arson, the potential penalties, and the defense strategies available is crucial for anyone facing such accusations. This article aims to provide a comprehensive overview to help you navigate this challenging situation.

The Statute: 720 ILCS 5/20-1.1

Under Illinois law, aggravated arson is defined in Section 720 ILCS 5/20-1.1. According to this statute, a person commits aggravated arson when, during the commission of arson, they:

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A Chicago-area man has been sentenced to 18 years after the deaths of four of his customers due to overdose. The statute under which he was charged is meant to hold drug dealers accountable for the overdose deaths caused by their products. While the law makes sense in some ways, it fails to account for the millions of opioid deaths caused by pharmaceutical companies who lied about their product, facilitated its entry into the black market, and profited in the range of billions from the lives they destroyed. In some cases, these executive drug dealers are facing racketeering charges for knowingly funneling thousands of doses to locations with small populations. The orders to these locations were so large that even if every member of the community had a prescription, it would still be too much. These orders were, of course, diverted to the black market. Executives have faced criminal prosecutions based on what they knew or should have known about the orders. Nonetheless, not one of them is facing a first-degree reckless homicide charge.

Understanding the Law

The Chicago man has been charged under Wisconsin Statutes 940.02. The relevant portion of the statute reads as follows:

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A man who caused the death of another man during a robbery attempt will not face charges after Cook County determined that they acted in self-defense. The man’s name has not been released since the County is not pursuing charges. The incident occurred during last summer’s civil unrest.

According to the police report, 31-year-old Lorenzo Thomas approached an unidentified man with another man in a robbery attempt. The man grabbed a metal bar and struck Thomas in the abdomen. The man was brought to the hospital but was released several days later. He was readmitted three days later. He died as an apparent result of those injuries. The Cook County medical examiner ruled that the man’s death was a homicide caused by assault. However, the assaulter was deemed to have acted in self-defense. Thus, he will not face charges related to the homicide. 

Why Was the Man Not Charged?

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A Chicago police officer has lost her badge after a drunken altercation at Horseshoe Casino. Lori Ann Cooper has been charged with battery against a public official. Yes, gaming officials are public employees, just like police officers. She has been charged with one felony, battery on a public official, and three misdemeanors, resisting law enforcement, disorderly conduct, and public intoxication. The Chicago police announced that Cooper had been stripped of her badge pending the outcome of the investigation, but it does not look good. 

What Happened?

Off-duty police officer was working security at the casino. He responded to a call that a casino employee had been battered in one of the bathrooms by an intoxicated female casino-goer. When he arrived, the employee declined to press charges and did not appear injured. Nonetheless, Cooper and her friend were asked to leave the premises. According to security personnel, as Cooper and her friend attempted to exit the premises, they began fighting with each other. 

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In Georgia, if you and your friends are committing some crime, get spotted, and run, you can be charged with murder if a police officer pulls the trigger and kills one of your friends. In fact, all of your friends who were there at the scene can be charged with your friend’s murder even though they never pulled the trigger.

In Illinois, we do things a little differently. Firing wantonly at fleeing suspects is not considered a laudable act. In Chicago, we have a civilian oversight agency that investigates police shootings and when and if appropriate, files recommendations with the department for disciplinary action. This is where we are with the fatal shooting of Maurice Granton, Jr. who was killed by police in 2018 while attempting to flee. While the task force would not disclose the contents of their investigation and simply handed their recommendation over to the department, this is generally an indication that they found cause for disciplinary action and perhaps even criminal charges.

Meanwhile, Granton’s family has filed a wrongful death lawsuit against Chicago P.D. claiming that he was shot in the back while unarmed and posed no threat to police officers. His attorney claims that his hands were visible when the shot was fired. The family is seeking an undisclosed amount of money to settle the claim.

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A judge denied bail for an 18-year-old man who sexually assaulted a family member in plain view of the camera during an e-learning session. Authorities say that a teacher and other students witnessed the event as it occurred. The assault occurred during a break in the girl’s online class.

The teacher was working on a different computer during the break when she heard two of the students ask what was going on. When the teacher opened her screen back up, she witnessed the girl being assaulted. The teacher then yelled for the students to log off at which point the defendant Catrell Walls picked up the laptop and closed it.

The teacher reported the incident to the principal who alerted police and the Illinois Department of Children and Family Services. Her father, the principal, and the school’s CEO went to the girl’s home. She told them that Walls “just hit her.” Later, the girl described the sexual assault and said that it had happened before. 

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