Chicago Criminal Lawyer Blog

October 18, 2017

Vehicular Hijacking: Boat Theft in Chicago

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

For purposes of the law in Chicago, vehicular hijacking covers a range of vehicles, including boats. The key issues that arise when facing such a charge can be understood by looking at the example of a rather hapless Chicago teen who stole an SUV belonging to the FBI. There were several criminal matters arising out of that act that would all be considered during the trial.

First of all, the teenager was on probation and already had an extensive criminal record. The probation violations were dealt with as a separate issue but also one that could aggravate the crime despite the fact that the perpetrator was a minor. His lawyers inevitably wanted to minimize evidence of his past crimes as much as allowable under the current law.

Compounding and Relevant Factors

October 13, 2017

Possession of a Stolen Motor Vehicle in Chicago

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

There are instances in which the crime of being in possession of a stolen motor vehicle is a carrier or access crime. You need a team of competent lawyers in order to avoid upgrading the charges unnecessarily. The car being the instrument for committing the crime or getting away from the crime, it is often a minor charge when compared with the principal charge of robbery or even homicide. The case of Jamie Thurnau and Jorge Chavez demonstrates the wide range of possible charges after the arrest. The actual charge sheet included the possession of a stolen car and also resisting arrest. Further charges of burglary, aggravated battery, and fleeing police were later added.

The fact that the offenders injured a law enforcement agent during the commission of the crime is an aggravating feature that will be considered by the court during the sentencing phase. A prior warrant of arrest was being executed when the pair drove off from a Walmart parking lot. The accumulation of charges brings into question the Mens Rea element of the criminal conduct. The acts of fleeing and even injuring the police may have occurred as described by the prosecutor, but it is an entirely different matter to prove that these acts were foreplanned with malice in mind. This is often the crux of the defense strategy. They may acknowledge the factual basis of the case but then dispute the motivations in order to throw doubt on the case.

Ranking Different Crimes that Occur at the Same Moment

October 11, 2017

Child Protection Law in Chicago

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

Of late, the DCFS (Illinois Department of Children and Family Services) in Chicago has been under fire for not properly enforcing child protection law. For example, children have died despite the fact that the department had already instituted proceedings. Many argue that the law was there to protect the victims, but its enforcement fell way below the standards that were originally envisaged by the legislature when they wrote the law. The case of Manuel Aguilar is harrowing. The 4-year-old was found burned and badly damaged in an abandoned home. The body was so malnourished and wasted that the first responders at first wrongly assumed that he was no older than a year. The lawyers started to unpack the true horror of the story during the proceedings.

The subsequent investigation showed that the victim had spent the best part of a year in an unheated room begging for food and water. He was beaten, starved, and forced to sleep in a cat litter box. His biological mother, Alyssa Garcia, and her teenage boyfriend stuffed the dead body in a bag and set it on fire in an abandoned house. Previously, the DCFS had opened and closed a number of cases relating to the family following complaints of persistent child abuse. An investigation found clerical errors in files and failures to follow up on complaints as well as muddled witness accounts.

Third Parties Who Were Never Interviewed as Part of Child Protection Proceedings

October 6, 2017

Clemency Law in Chicago: A Tool for Correcting Historical and Current Mistakes

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

Although the clemency law is meant to give a second chance to those who have been incarcerated, it can also be used to correct an injustice that has been committed as a consequence of faulty legislation. A case in point are the controversial laws that charge people with murder even if the person who actually did the killing is someone else. The felony murder rule is considered to be unfair, but politicians are unwilling to tackle it because of the fear of backlash from the public.

The basic premise of the law is that it is possible to charge someone for murder if someone dies during the commission of a list of felonies. This may not be so controversial if the dead person is the victim of the felony or an innocent bystander. However, it is an altogether different scenario if the dead person is an accomplice who was killed by the police or some other agency during an attempted apprehension.

The Case of Teenage Burglars

October 4, 2017

“Three Strikes” Law in Chicago: Unjustifiably Long Prison Sentences

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

Few laws have done as much damage to the US criminal justice system as the “three strikes” rule that operates in places such as Chicago. The basic premise of the law is that if someone is convicted more than three times of the same or similar offenses, the judge can aggravate the crime to one that deserves a life sentence or an inordinately long prison sentence. The laws seemed reasonable at their inception because it was hoped that they would help to curtail recidivists and prolific offenders.

In reality, the three strikes rule has meant that the prison system is overcrowded with nonviolent offenders who are serving shockingly long prison sentences. It is indeed possible to have a longer prison sentence for a third offense of drug possession than a first instance of murder. Some legal experts have critiqued the law as being fundamentally unconstitutional because it touches on the privileges granted by the 8th Amendment to US citizens. Besides, the provisions deny defendants the right to a fair trial even when they have lawyers.

Tying the Judges’ Hands

September 29, 2017

Grievous Bodily Harm Law in Chicago: When Employees Attack Customers

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

A number of legal issues arise when an employee of a company commits assault on one of its customers. The lines of liability can be blurred, not least because the crime occurs on a business premises. Moreover, the employees are deemed to be working on behalf of their company during office hours. A distinction has to be made between the personal liability of the employee and the corporate liability of the employer. A good lawyer is the key to success in any case.

The first critical consideration is that the employee who has committed the assault is criminally liable for those ctions. When it comes to the civil cases, the employer may be asked to compensate the customer for any demonstrated injuries. Such was a case when a number of ex-bouncers admitted to assaulting customers in a club based within the Chelmsford area of Chicago.

Case Study of Employees Who Commit Assault During Business Hours

September 27, 2017

Motives for Murder in Chicago

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

The most serious crime on the statute books of Chicago is murder, although international terrorism is also getting right up there in terms of seriousness. Quite often, the case hinges on three major components:

The actual commission of the crime
The motives behind the crime

September 22, 2017

Gun Crime Law in Chicago

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

It is a sad fact, but it is still a true one: Gun violence in Chicago, Illinois is steadily climbing higher and higher. The amount of gun crimes taking place in the city is reaching what some consider to be an epidemic level, making residents feel fearful and unsafe. Meanwhile, there are two opposing camps that are warring over the best way to deal with the gun crime rates in the Windy City: Those who feel that more gun control is needed, and those who feel like less is needed. With gun violence on the rise and crime rates at unpleasant numbers, it is making dealing with the law itself increasingly difficult.

The Second Amendment

Until recently, guns could not even be purchased inside of Chicago. The local laws banned the sale of guns within the city limits. However, in 2016, this law was ruled as unconstitutional. Strong advocates of the Second Amendment were thrilled, but those in favor of gun control were not quite so happy with the outcome. Whatever the case, it became a fact of life: Guns were easier to obtain in Chicago. There is little evidence at the moment that gun laws were being broken either before or after this occurred, so the jury is still out on any strong connection.

September 20, 2017

Confiscation and Forfeiture Laws in Chicago

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

In the legal world, few matters are as controversial as those that allow confiscation and forfeiture by the police. It is something that has dramatically polarized the two sides. It is rare that you will find someone who is neither truly “for” nor truly “against” these laws. Those who are in favor of the police departments being legally allowed to confiscate goods and money hold that law enforcement is taking away the proceeds of criminal enterprises. Staunch advocates, however, state that the police are nothing but thieves with badges who are taking the property of citizens without trials or due process. This issue is a complex one, to say the least.

Policing for Profit

To understand the law in Chicago, one must first understand what civil forfeiture and confiscation means and how it would apply to the person being affected by it. The standard rule of law used in Chicago dictates that police may confiscate property, including money, that meets certain criteria. These criteria are simple and, to some, are far too broad: Law enforcement officers have to believe that the property was used in a crime, is intended to be used in a crime, or has been obtained in connection with a crime. As you can see, this is a straightforward, if broad, list.

September 15, 2017

Environmental Regulations in Chicago

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

Chicago is one of those cities that is conscious about the impact of human economic activity on the environment. You need a competent and qualified lawyer to ascertain your rights, privileges, duties, and responsibilities under the current regime. The state has put in place a number of interrelated regulations that are meant to ensure that there are some limits to human behavior in this respect. There is an implicit agreement with the local community that they will submit to the state for the greater public good. The issues of environmental protection are contentious. It is therefore not surprising that some people believe the state should adopt a hands-off approach in this respect. Nevertheless, there are certain minimum standards that are enforced in Chicago.

The environment is defined way beyond the ecological conceptualizations that many people associate with this section of the law. The environment can include land, air, water, and even space. The idea is that the public should be able to enjoy these amenities and facilities in a responsible way so as not to deplete or damage them. Some of the benefits of environmental protection are not restricted to the current generation but are more to do with the future generations. This is what is known as inter-generational solidarity, in which one generation is able to see beyond its immediate interests in order to protect natural resources for those that come after it.

Penalties for Unacceptable Behavior