Chicago Criminal Lawyer Blog

September 13, 2017

Cyber Security in Chicago

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

Cyber terrorism is a serious crime. Obviously, this falls on the higher end of the offenses that are committed on the internet. Chicago, like many states, is trying to update its laws in order to deal with these threats in an effective way, bearing in mind the fact that the technology is constantly changing. Likewise, there are employee training requirements for companies. The law firms that defend and participate in prosecutions are also coming to terms with the intricacies of the laws as well as the various regulations that have been put in place to regulate the activity that takes place on the internet.

One of the issues that has come to the fore is the possibility that in the pursuit of cyber legality, there is a danger of infringing on the privacy of Chicago citizens. The state and legislature are always willing to have more control over the activities of residents. However, that level of control might have serious implications in terms of protecting civil liberties and the integrity of the American Constitution. The International Association of Privacy Professionals (IAPP) has been at the forefront of advocacy work in this respect so as to moderate some of the excesses that are proposed in prospective legislation.

The Quagmire of Data Collection

September 8, 2017

The Law on Managed Care Options in Chicago

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

It is a controversial move but one that is considered to be a reflection of the reality that many state governments are not able to sustain the increasing healthcare costs of their citizenry. Chicago is no exception, and its new managed care provisions reflect a need for reform. Recently, the state has amended the law in such a way as to move Medicaid users towards the more affordable managed care options. Like any change, there are political and legal ramifications to this one. Some have argued that the changes are inhumane and could actually constitute a illegal or unconstitutional act. At the moment, the supreme court has not yet fully pronounced itself on the matter.

Meanwhile, the provisions of the law continue to impact the citizens of Chicago. It is particularly onerous for those who are disabled in some way or another. There are benefits to the managed care options, including an investment in infrastructure such as ramps. However, some of the Medicaid users feel that there will also be an additional administrative burden and the possibility of being rejected for full benefits. The changes are based on a public-private partnership model that has been used in other areas of public spending. In this case, not-for-profit organizations such as the Community Care Alliance are given access to some funds and income generating opportunities so that they can provide services that better reflect the needs of the service users.

Practical and Administrative Changes

September 6, 2017

Self-Defense Laws in Chicago

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

It is not only Chicago that is grappling with the issue of self-defense in the law. The public interpretations of the law vary considerably, and some of them are not strictly accurate. This is one of those issues that has the power to raise other polarizing matters such as racial disparities when encountering the criminal justice system. On the other hand, there is a legitimate interest in ensuring that criminals cannot terrorize the wider population on account of the fact that they are the ones with the guns. If they are genuinely frightened for their lives, most reasonable people would agree that property owners have a right to defend themselves. This self-defense argument can go right up to the case of justified killings.

Of course, we cannot always predict what is in someone’s mind. For example, a racist person may shoot any black person they see on their doorstep without any genuine fear. That is when the courts are left in a dilemma. The person may say that they were frightened, but that may mask their true intention. It also does not help that the moment such cases come to the media attention, America is once again divided along class and racial lines. All of a sudden, you have very successful Go-Fund-Me campaigns for the suspect, which makes a mockery of the system and gives the impression that America is an incurably racist society.

Private Property and Private Rights

September 1, 2017

Pensioner Rights Under the Chicago Legal System

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

The pension system has been under a lot of scrutiny following a supreme court hearing on the 8th of May, 2015 which came to the conclusion that some of the provisions of the existing law touching on pensioner rights were unconstitutional. Pensions are some of the biggest expenditures for any corporation, especially the government of Chicago.

The legislature had proposed certain austerity measures that were meant to deal with the growing deficit within the pension fund. However, consumers felt that they were getting a raw deal in an arrangement that would mean that they had even less to retire on than before. Public sector workers that already have the golden standard for excellent pensions were some of the most vocal opponents of the new provisions.

The growing crisis of pensions has tasked everyone from trade unions to members of the legislature. At the last time of asking, the pension deficit was in the region of over $100 billion. This is considered to be unsustainable since taxpayers are no longer willing to be liable for a pension system that often exceeds their own private arrangements in terms of costs and even benefits.

August 30, 2017

Property Tax Laws in Chicago

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

An economy that relies on the realty market must take an interest in property taxes. Chicago realty law is often dominated by concerns about taxation. That is what is happening in Chicago today. From a legal point of view, the legislation that has been passed and that which is due to be passed is meant to streamline the process of conveyancing. At the same time, these reforms are also meant to ensure that the taxman gets a cut of the largesse. It is not so much a case of the tax increases but the reforms in the procedures. This procedural fairness also incorporates any possible consultations prior to confirming the tax rates as well as the forms that are required.

For most members of the Chicago public, the issue is fariness. Some argue that the increments are just too high. On average, Chicago increases its property taxes on an annual basis. The year 2016 was an anomaly because the legislative reforms meant that some people experienced property tax rises in the region of 32%, a clearly unfair increase by all standards. Some legal experts argued that even if the legislature was determined to increase that amount of money, they ought to have staggered it in order to minimize the immediate impact on property owners and those that transact realty.

Structuring Tax Increments

August 25, 2017

The Unequal Pay Law in Chicago

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

Chicago has been one of the cities at the forefront of confronting the pressing issue of equal pay and conditions. Advocates have been regularly demonstrating in front of the legislative assembly demanding reform. A flurry of laws and legislative amendments have been passed in order to correct historical and current injustices in the arena of work. The only problem is that many ordinary members of the public do not really know the law or even how it is meant to apply to them. The justifications for the amendments range from moral ones to practical ones that speak of the benefits of having a rational pay structure.

The evidence is undisputed; many women in Chicago were paid a fraction of the wages paid to men for the same job. This was not a situation that was unique to Chicago alone. Unequal pay has been in existence from the moment that women joined the formal workforce. One of the provisions of the act is to bar employers from asking about wage and salary history because this is often used to mask the application of unequal pay. Women who have been on the receiving end of a raw deal can end up being trapped in that structure because the current and prospective employer wants to base the pay offer on past wages.

Technical Provisions Within the Law

August 23, 2017

What Does the Law Say About Abortion in Chicago?

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

There is no doubt that the enactment of anti-abortion laws is one of the most important cultural war issues in the USA at the moment. Chicago is not insulated from the arguments for and against the practice. At the moment, there are certain prohibitions and exemptions that have developed over time in response to federal law and changes in the popular attitudes to abortion. There is a prohibition on abortions of fetuses that are considered to be viable. This is anywhere between 23 and 24 weeks. Exceptions to the rule are made when there is a risk to the life or health of the pregnant person. At the same time, the state is subject to the Partial-Birth Abortion Ban Act of 2003, which effectively bans certain second trimester abortion procedures including extraction and intact dilation. This ban does not make exceptions for the health of the mother, a rather controversial configuration.

Although Illinois has a Partial Birth Abortion Ban Act, it is not currently enforceable. Other provisions and regulations determine who is allowed and not allowed to administer “abortion care,” as it is sometimes euphemistically called. The current practice is to restrict the right to administer the care to physicians who have a valid license to practice in the state. Others who are allowed to administer medication abortion are advanced practice clinicians including physician assistants and advanced practice nurses. There are strict licensing and regulation requirements. Many of these fall under the Illinois Medical Practice Act. There are other professional statutes that may be applicable in this instance.

Attempts to Control the Practice

August 18, 2017

The Law on Industrial Hemp in Chicago

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

The Chicago legislature has recently put laws in place that allow farmers to grow industrial hemp. This is a replacement of the old regime under which such actions were barred. A system of permits ensures that issues of public safety and good conduct are taken into consideration. Hemp belongs to the family of the cannabis plant. Although it can be used as a narcotic in sufficiently strong concentrations, it is also used to make textiles as well as paper-based industrial products. Farmers could potentially earn an income from this plant that is also on the banned list of substances. The old law was caught between encouraging genuine commercial activity and preventing the large-scale production of potential narcotics. The initial plan was to allow the cultivation for research purposes and then move on to commercial production for non-narcotic usage.

The Illinois Department of Agriculture is intimately involved in all the proceedings so as to ensure appropriate oversight. The Drug Enforcement Administration (DEA) previously classified hemp as a Schedule 1 Drug. That meant that farms could not legally grow it, certainly not on an industrial scale. The classification was based on the findings that the drug had a high potential for abuse. Those who dispute the classification argue that hemp contains only trace elements of the offending substance known as tetrahydrocannabinol, or THC. This is indeed the psychoactive chemical that is known to create a high for marijuana users. Over time, a number of states (now numbering 16) have gradually legalized the production of hemp for commercial purposes. By 2014, Illinois had put legislation in place to allow for the growing of hemp by State Universities and the Department of Agriculture.

The Narcotic with Huge Potential

August 16, 2017

Chicago’s LGBT Community and the Law

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

The law on sexual minorities is in its infancy stage in Chicago. There are a host of issues that are of concern to LGBT people in Chicago, the law being one of them. Specifically, advocacy groups have sought for protection at a time when the federal government has tried to declassify LGBT people as a protected group. That status of being a protected group is the starting point for many of the civil rights protections that are extended to minorities who have been traditionally marginalized in American society. Chicago is by no means an anti-LGBT city. It certainly has a much better record than some of its counterparts. Nevertheless, there is a lot of work that needs to be done in order to entrench these protections.

The law should be able to protect all citizens of Chicago from hate crimes. This is often a controversial issue because one person’s rights are another’s infringements. The freedom of expression in particular has been an area of contention. There is a continuum of liberty from being able to kiss your partner freely in a public place without harassment to not getting beaten to pulp on a Saturday night because someone thinks that being gay is a crime against “the laws of nature.”

The Right to Self-Identity and Human Dignity

August 11, 2017

Laws on Clean Energy in Chicago

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

Chicago is a modern city that has shown commitment to fighting climate change and protecting natural resources. This is particularly important within the context of the US government’s decision to withdraw from the Paris Agreement. Many cities like Chicago are taking localized steps to ensure that the sustainability agenda is not lost in the midst of federal quarrels over the appropriateness of specific interventions. These are some of the key issues that are taking center stage in terms of the laws on clean energy and environmental protection:

Energy Credits: In order to encourage the use of solar power, renewable energy credits have been put in place as an incentive for businesses and individuals that want to make a difference. The Illinois Power Agency has, for example, developed a supplemental procurement plan that makes up to $30 million available under the Renewable Resources Fund.
Community Foundations: In an effort to localize the sustainability agenda, the Illinois Clean Energy Community Foundation has instituted a grant program that specifically targets the increased use of efficient energy. This work extends to corporations, non-profit organizations, local authorities, educational institutions, and other relevant agencies. The idea is to lead by example.