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November 18, 2016

Marijuana Possession in Chicago: To Charge or Not to Charge? That is the Question

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

The possession of marijuana in Chicago straddles the thin and ambiguous line between criminality and socially risky behavior (see The Municipal Code of Chicago (MCC) 7-24-099). Some have reached the conclusion that the continued criminalization of marijuana in Chicago is against the public interest and represents a waste of precious police resources. For example the state attorney’s office in Cook County has already indicated that it will dismiss minor pot cases as part of their overhaul of the criminal justice system.

Others may wonder whether it is appropriate for a DA to have such wide discretion to the extent that they can effectively decriminalize activity that is criminalized under statute. In some ways the debate boils down to practicality and commonsense. If every single low level offense was prosecuted, the DA would never have the time to go after the big drug overloads. Moreover there is general public acceptance that there are people who use marijuana for recreational and medicinal purposes without intending to or actually causing any harm to members of the public.

A Law in Suspense

October 9, 2016

How the Law in Illinois Punishes Kidnappers

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

Kidnapping has often been one of those crimes that captures media headlines and the national imagination. The endless post-court investigations are a cottage industry in themselves. Illinois is not much different from other parts of the US in considering kidnapping to be a serious felony that attracts significant periods of custody as punishment. However, there are situations that are not as clear-cut as the law would have it. For example, in some cases the so-called kidnapper is a parent or guardian to the victim and the report is merely part of an ongoing custody dispute. It is generally accepted that this is one area of the law in which expert advice is of the essence. Most courts would not countenance a defendant representing him or herself in a case such as this in which the potential penalties can be stiff.

Parents and the Dirty Deeds of Divorce

It is not uncommon for warring parents to devise clever means of escaping unfavorable jurisdictions. A classic case in point is taking the disputed child out of the state so as to avoid being subjected to family court rules that are favorable to the other party. In effect it is a despicable abuse of the court process as well as the children involved. However, others might argue that it may be the only way for the aggrieved parent to maintain contact with his or her children. The courts have traditionally taken a strict view of parental kidnapping given the possibility that the victim may end up suffering serious consequences including death.

September 25, 2016

Back from the Dead: Use of DNA Evidence in Illinois

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

Justice delayed is justice denied, but in Illinois time can be a great solver of complex puzzles thanks to the use of DNA technologies. Recently there was a case in which a rape suspect was allowed to roam free thanks to a late identification of his DNA results. Criminal defense lawyers are also understandably concerned about the possibility that the interests of justice are not served best by inordinate delays. However there are instances where a delay could actually give the defense some space to mount a successful challenge to the evidence that has been presented by the prosecution.

The instant case was that of Javariee Reed (27) who was charged with sexual assault for an incident that occurred in 2007. The victim as 15-years old at the time of the incident and mentally disabled. The reason for the significant delay was the negligence of the South Suburban Police Department which had failed to act on information that was provided to it by the Illinois State Police about a possible DNA match. The case illustrates how a few mistakes on the part of the law enforcement agencies can lead to significant problems for not only the victims of crime but also criminal defendants.

Running a Criminal Justice System Smoothly and Effectively

August 27, 2016

Child Endangerment Cases Currently Pending in Illinois

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

The definition of child endangerment in Illinois is broad and therefore child endangerment charges are filed under a number of different circumstances. Under Illinois law 720 ILCS 5/12C-5, a person endangers the life of a child if he or she knowingly:

Causes or allows a child under 18-years-old to be endangered, or
Causes or allows a child to be placed in circumstances that endanger the child’s life or health.

July 30, 2016

Chicago Has a Crime Fighting Robot!

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

Earlier this month the Chicago Police, SWAT team, and EMS personnel were called to a motel in Edgewater after a man threatened to kill himself, reports DNAinfo.com. However, another emergency responder was also present, Chicago’s crime fighting robot! The robot is a Remotec Andros F6A robot and the idea is that it will enable the police to perform remote operations on Improvised Explosive Devices. While the police robot in Edgewater was only on standby and the situation was resolved without its help, police robots in other parts of the country have been active and in one instance even used deadly force in the name of crime prevention.

Dallas Robot Kills Man in the Name of Crime Prevention

An article in the Chicago Tribune reports that the police in Dallas were the first in the United States to use a robot to kill a suspect by delivering and detonating a bomb. The article also indicates that other law enforcement agencies already have similar robots at their disposal and are willing to follow suit. The Dallas robot was called into action when a 25-year-old army veteran when on a rampage and shot 14 police officers and two civilians. The Dallas Police Department says that the decision to kill the suspect with the robot was made after police negotiator talks had failed. In this instance, the robot successfully detonated a plastic C4 explosive that ended the suspect’s life.

May 11, 2016

Getting into a Chicago Street Gang is Easy, Getting out Alive is the Problem

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

It has been said that street gangs exist to fill a void in the lives of their members. A gang member may feel a lack of love and support from his or her people at home. Statistically speaking, about 72% of African American children are being raised in single parent households. The emotional needs of many of these children cannot be met in the environment in which they are being raised. Therefore, many of these young men and women will seek to fill this void by joining a gang, without the wisdom and understanding to know (before it is too late) that there is no love in these affiliations because street gangs thrive off hatred, lawlessness, and despair.

In some cases, however, the street gangs seeking to draft new members do not allow a choice in the matter. For young men and women, especially young men, it becomes a matter of joining the gang in their neighborhood or suffer the consequences. Turf wars, drug dealing, and vigilantly justice are the driving forces behind these gangs. To be a member, you must be ready to participate in murders, robberies, and other crimes dictated by the gang leader.

The Tragedy of Lee McCullen

April 22, 2016

Competency to Stand Trial vs. The Defense of Not Guilty by Reason of Insanity

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

Incompetency to stand trial is not the same thing as a defense of “not guilty” by reason of insanity, for the simple reason that an individual accused of a crime may be “sane” and in charge of his mental faculties at the time he shot his victim, with a complete understanding of the nature of his act when the crime was committed, but lacking in such understanding after the arrest, to a point where the court may declare him incompetent to stand trial.

Jason Dalton has Been Declared Competent to Stand Trial

Recently in the news, Uber driver Jason Dalton was held to be competent to understand the charges against him, and to assist his attorney in his defense. Dalton is the 45 year old Kalamazoo, Michigan man who was arrested and charged as the alleged shooter who randomly targeted and killed six people in the area.

April 1, 2016

Routine Traffic Stops and Your Civil Rights

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

We have seen in the news, a rash of videos regarding police encounters with drivers that started out as routine traffic stops, but then escalated out of control, resulting in violent arrests. One such incident made worldwide news when a traffic stop ended with the driver being arrested and ultimately committing suicide while in police custody. The story of Sandra Bland is a prime example of how not to deal with a traffic stop, even if you feel that the police officer has violated your civil rights during the process of a stop and possible search.

The Incarceration of Sandra Bland

Sandra Bland, a Chicago resident, was on her way to a new job she had taken at the Prairie View A&M University in Texas, when she was stopped by a police officer for what appeared to be a routine traffic stop. Tensions mounted between Bland, who thought that the police officer was violating her civil rights during the stop, and the police officer who believed that Bland was being unnecessarily uncooperative by resisting his inquiries.

November 27, 2015

Happy Holidays: Ticket and Tax Amnesty for Chicagoans!

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

Two parking tickets, tucked beneath a single windshield wiper, await a likely angry driver when he returns to his vehicle on a street in downtown Doylestown PA. 2008-04-05.

Great news, if you are an individual or a business that owes debt to the City of Chicago. The city has announced that it will be running an amnesty program, referred to in the 2016 Budget as a Debt Relief Program, that will forgive eligible debt. Some driving-related debts are waivable under the program, including penalties and fines associated with parking tickets and moving violations. There are also non-driving debts and even tax debts eligible for inclusion in the Debt Relief Program. This program will not last long, and if you can, you should take advantage of it as soon as possible. The amnesty program begins on Sunday, November 15, 2015 and ends on December 31, 2015.

What Types of Tickets Qualify for Amnesty?

October 30, 2015

Bail and Bond Violations

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

Bail violations are violations of the terms of your release from prison while you are awaiting trial. There can be many conditions imposed as part of your bond, and a violation of any one of them can result in serious criminal penalties, including being sent or returned to prison.

What is a Bond Violation?

If you have ever seen a modern “cop” drama on television, you are aware of the concept of bond, or bail. After you are arrested, in most cases you can give the state of Illinois some amount of money to hold as a type of collateral, or insurance, to ensure that you will appear for your court date, or comply with other conditions while you await trial. If you follow all of the conditions of your release and show up for trial, that money is refunded to you. If you break any of the conditions of your bail or fail to appear for your trial, you could not only forfeit the bail money, but you could face even more criminal charges than you are already facing.