Chicago Criminal Lawyer Blog

October 1, 2016

Updates: Criminal Case Proceedings in the State of Illinois

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

Clients who are involved with the criminal justice system in Illinois are understandably intimidated by the processes and rules. That initial panic is the main reason why so many defendants make a host of mistakes that come back to bite them later on as the case is disposed of. The first issue to consider is that of adequate legal representation. The state-appointed attorney should be a last resort if there are absolutely no alternatives save from self-representation.

In serious cases such as murder, rape, or assault the court insists on legal representation. If the client is unable to come up with representation, then an attorney or public defender will be appointed on their behalf. Unfortunately the quality of representation is not as high as would have been the case if you select your own attorney. In any case, it is important to understand the various stages of the criminal case processes so that you are not taken by surprise:

Making a criminal complaint: A victim of crime will contact the law enforcement agencies to get help. This normally via the 9-1-1 call. Later on the victim may decide to press charges. In some cases the law enforcement agencies will press charges even where the victim refuses to engage with the process. This is because in Illinois (like the rest of USA) crimes can be committed against the state.

September 30, 2016

Aggravated Arson: Harsh Penalties in Illinois

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

Arson is a serious crime in Illinois. If you are charged with arson, you could be facing serious criminal penalties, including jail time. There are always defenses to an arson charge. However, the law can get complex and it is necessary to have an expert navigate the law if you have the misfortune of being charged with this crime.

Aggravated Arson

A 49-year-old male resident of Centralia, IL, John Brown, was taken into custody after a day-long manhunt. The Jefferson County Sheriff’s Department and Centralia Police Officers were able to locate the suspect on the 300 block of South Lincoln Street after Jefferson County Dispatch pinged Brown’s phone. Officials were taking action on reports and sightings of Brown until his phone was located.

September 28, 2016

Criminal Liability for Drug-Related Deaths in Cook County and DuPage County: Understanding the Law in Illinois

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

Recently there has been some legal argument as to the criminal consequences of heroin-related deaths in Cook County and DuPage County. This country discusses the possibilities and limitations of criminal liability. The case of 21-year old Christopher Houdek is interesting. Apparently he and a girlfriend Adrianna Diana (20) cooked and injected heroin. The next day she found him unresponsive. Paramedics were summoned, but the victim died in hospital. The County Coroner ruled it an accidental death by heroin intoxication. The prosecutors disagreed and charged Diana together with two dealers with homicide. The story becomes even more tragic in as far as one of the defendants (Diana) died from an overdose whilst out on bail.

The Legal Issues

This case is a real trial for the criminal law in Illinois. It raises the prospect of vicarious criminal responsibility as well as safe custody. It could be argued that Diana was a victim too, particularly if one considers the dealers to be the ultimate villains in this case. At the same time both people who died were adults and there is no evidence to suggest that they were forced by the dealers to consume the heroin. Likewise it must not be forgotten that heroin is a controlled substance in Illinois. Its procurement, sale, distribution and consumption can constitute a criminal act. Sadly the case is not unique. Between 2013 and 2015, there were over 2000 fatal overdoses in Illinois. The law is complicated further by the fact that the involvement of large scale supply chains makes these acts subject to federal and international law.

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

September 23, 2016

A Review of Designer Drug Laws in Illinois

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

Local agencies in Illinois are getting concerned about the increasing use of designer drugs, particularly as it relates to driving offenses. Incidents of bizarre behavior that is clearly out of the ordinary are being reported regularly. It is almost as if there is something in the water but the truth is much simpler; drugs are to blame and the law enforcement agencies are of the view that it is about time someone did something about it. The clinicians call it Alpha-PVP while the street-smart call it Flakka. Although this is a relatively new drug, it is noted for its highly addictive qualities. Some have compared it to Bath Salts, but it is much worse. Dozens of overdose deaths are being reported or suspected, and the strange behavior that it induces in its fans includes running around the streets in the nude.

Worse still, Flakka is a combination and co-dependency drug which is preferred by those that are already heavily addicted. The challenge for the law is whether to deal with production, consumption, or distribution or all of them together; the latter being a complex and resource-heavy task. To make matters worse the designer drug trade is based on the ability to create permutations and versions of the same drug using various combinations of the active ingredients. Consequently these research drugs are outside the current specifications of the law and yet they are as dangerous (or even more dangerous) than their parent counterparts. The shipping trail starts all the way to Asia before making its clandestine journey all the way to Illinois. A lot of disguise and misrepresentation is involved since the narcotics and stimulants are disguised as legal products, hence evading the legal controls.

Should the Federal or Local Government Crack Down?

September 21, 2016

Keeping the Burglars at Bay: A Review of Home Invasion Laws in Illinois

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

Home invasions have been the fodder for criminal defense attorneys in Illinois for ages. Recently there has been a growing conversation around the response of the homeowner and whether he or she is legally protected. States like Florida have a stand-your-ground provision which has sometimes led to tragic consequences. To make matters worse, some of these incidents are alleged to involve an element of racial animus. One need only look back at the circus surrounding the George Zimmerman case to realize that self-defense is never as simple as it looks on paper when the laws are first drafted.

Burglaries are going to continue and defense lawyers are going to continue to use every trick in the book to get an acquittal or generous sentence for their clients. This article highlights some of the important considerations for the law as it stands but also the implications for defendants and homeowners.

A Law that is a Series of Compromises and Interests

September 19, 2016

Do Illinois Laws Cover the Full Extent of Identity Theft?

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

The highest courts in the USA have considered this question and apparently found that to some extent the answer is no. Specifically, the higher courts objected to some of the provisions as they relate to identity theft and the constitutional rights of defendants. The Illinois Supreme Court consequently overturned a key provision of the state identity theft statute. The key contention was that this provision was effectively criminalizing conduct that would otherwise not be considered to be criminal. The case in question involved a Google search in where there was no evidence of criminal intent. The internet has opened up so many opportunities but also a series of legal nightmares for the profession, particularly with regards to the world of social media, which seems to require laws unto itself. Consequently, there is a genuine fear about the escalating practice of identity theft. The state legislators felt that they had to act even at the expense of civil liberties.

Overkill in Regulating Internet Activity

As is often the case in legal cases, the cure can be as painful as the disease. The innocent end up suffering at the hands of lawmakers who are not as comfortable with new media as they ought to be. The temptation is to ban everything or alternatively to give room for suing over nothing. In the People v Madrigal, No 110194, 2011 WL 1074427 (Ill Sup Ct), the defendant successfully convinced the Illinois Supreme court that the law had become an unfair burden. Specifically, section 16G-15(a) (7) of the Identity Theft Law (720 ILCS 5/16G–1 et seq.) indicated that a criminal offense occurs if a person uses the identity of another in order to gain access to information online without the permission of the person whose identity is being used. The act is clear enough when it comes to criminal activity that involves overstepping identity verification procedures through impersonation in order to commit a crime. However the position is less clear if no criminal purpose is intended.

August 31, 2016

Drug Dealer Faces Homicide Charge After Client Overdoses

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

Did you know that drug dealers can be held criminally responsible if their clients die from an overdose after purchasing their drugs? In Illinois, a drug dealer in this situation can be charged with reckless homicide. This is exactly what recently happened to an alleged drug dealer in Chicago known as “Big D.”

The Journal Times reports that the Burlington police discovered an unresponsive 28-year-old man passed out in his car at a gas station back in May. Officers tried to revive the man but unfortunately he passed away and was pronounced dead at the scene. The Milwaukee County Medical Examiner indicated that the man’s cause of death was a fentanyl overdose, according to the Times. Fentanyl is an opioid-based painkiller that can be legally prescribed by a physician, but which is also sold illegally on the street.

As part of the investigation, police officers interviewed a witness who told the police that a person known as “Big D” had supplied heroin and other illegal drugs to the deceased victim shortly before his death. The dealer was identified and law enforcement officials arranged a sting operation under which the cooperating witness arranged to purchase drugs from Big D. Afterwards the dealer was arrested, charged with first-degree reckless homicide, delivery of narcotics, and conspiracy to manufacture or deliver heroin, and is being held on $100,000 bail.

August 29, 2016

Family Robbed at Gunpoint and Falsely Imprisoned in Home

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

The Wisconsin State Journal reports that two suspects are currently in custody in Illinois in connection with a violent home invasion that took place in Madison last January. Allegedly, the two suspects robbed a 27-year-old man at gunpoint, forced the man into his apartment, and once inside bound the man and his girlfriend with duct tape. The couple claims that the robbers demanded more money and pointed a gun at their 3-year-old daughter’s head. Eventually, the father broke free of his bonds, lunged at one of the gunmen, and was shot multiple times. Thankfully all members of the family survived. Now that both suspects are in custody, they have been charged with several crimes, including false imprisonment.

What is False Imprisonment?

In Illinois, false imprisonment occurs when an individual’s personal liberty or freedom of locomotion is unlawfully restrained. Before a defendant can be convicted of false imprisonment the prosecution must prove the following two elements:

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.