Chicago Criminal Lawyer Blog

January 1, 2016

Your Right to Counsel is Protected by the Constitution

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

Pop quiz: If suspected of committing a crime such as sexual assault, when should you talk to an attorney, before or after interrogation? Some people charged with a crime think they know the answer to this question, but sadly, many find out too late that they did not.

Police officers are required to advise you of your Constitutional “right to counsel” (Mirandized) before they start questioning you after an arrest. If you state at any time during the process that you want to exercise your right to counsel, the interrogation must stop and you will be permitted to talk to your attorney. If you do not ask to speak to an attorney, the interrogation will continue and anything you say can be used against you during a trial, if any.

There are some crimes that carry with them such a stigma that once accused, the taint sticks whether the accusation can be proven or not, such is the accusation of “sexual assault.” Notwithstanding the fact that there are many actual, provable cases of criminal sexual assault, for instance, the case where the Rabbi admitted sexually assaulting a young boy who was member of his synagogue (see DNAinfo.com), there are far too many where the accusation, without more, becomes the basis for the conviction.

December 30, 2015

Criminal Defense: Illinois’ Self-Defense Laws

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

Multiple murders on the streets of Chicago on any given weekend now seem to be a fact of life. The murder rate in Chicago has increased by 13% since 2013; shootings not ending in death were up 40% during the first three months of 2015. It is little wonder that Chicago residents do not feel safe on the streets, or even in their own homes. (See Chicago Tribune) So do you know your rights regarding self-defense, or defense of your property? If threatened with bodily harm or death, do you have a duty to retreat before defending yourself, or can you “stand your ground”? How much force can you use to prevent a “trespass,” reasonable or deadly? What is reasonable force and what is deadly force, and in what circumstances is it alright to use either?

Answers to These Questions are a Phone Call Away

A little while back, there was a lot of controversy over “stand your ground” laws after an incident that occurred in Florida. An aggressor-turned-victim was killed in an act of assault by another who claimed “self-defense.” This incident created such a fury throughout the nation, partly because of the racial component of the incident, and partly because people began to wonder at what point can they be arrested and tried for murder in a case such as this. States scrambled to take a second look at their “self-defense” laws. New laws were enacted, and some were reviewed and revised to fit the ever increasing violence in our overcrowded urban areas.

December 25, 2015

‘Tis the Season for Credit Card Fraud Charges

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

The holiday season always sees a rise in property crimes, as people become even more desperate trying to “keep up with the Joneses,” or just trying to provide a decent holiday season for their family. Whatever the reason, much of the fraudulent activity on credit cards throughout the year occurs during the holiday season, so it is a good time to review the various prohibited behavior.

Illinois Credit Card Fraud Laws

The Illinois statute prohibiting credit card fraud prohibits and penalizes many different crimes, all of which stem from the wrongful possession, use, or sale of a credit or debit card. All of the following are prohibited by law:

December 23, 2015

Are You Being Charged with Possession or Delivery of Ecstasy in Chicago?

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

Ecstasy, increasingly referred to as Molly, is the street name for the drug MDMA (3,4-methylenedioxy-methamphetamine). Whatever you call it, Ecstasy is a synthetic and psychoactive drug, with similarities to stimulants like amphetamine and with similarities to hallucinogens, like mescaline. Those who take it report experiencing euphoria, increased energy, warmth and empathy to others, and distorted time and sensory perception.

It is against the law in Illinois to be in possession of any amount of Ecstasy, as it has a high potential for abuse with no accepted medical use in Illinois, so it is classified as a Schedule 1 drug. Criminal penalties for the possession of Ecstasy are governed by the Illinois Controlled Substances Act, but possessing any amount of ecstasy at all is a felony.

Penalties for Possession of Ecstasy

December 18, 2015

Chicago Property Crimes

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

When people think about crime, it is usually violent crime that comes to mind. Drug and gun related crime dominates the news, especially in the Chicago area. That said, property crimes are four times more prevalent in Chicago than violent crimes, and many such crimes are serious offenses. Being convicted of certain property crimes can result in serious consequences including incarceration and hefty fines and fees. Do not take property crime charges lightly. If you are facing any charges related to a crime against the property of another in the Chicago area, you need an aggressive Chicago criminal defense lawyer.

What are Property Crimes in Illinois?

Property crimes are those crimes involving the theft or the destruction of the property of another. The term property crime is an umbrella category under which many different misdemeanor and felony charges can be brought. Illinois recognizes numerous crimes against property, and defines property as anything of value. Some examples of property crimes Chicago-area residents are charged with include arson, burglary, shoplifting, and theft. Other property crimes include destroying or otherwise defacing public or private property, and vandalism. Different types of fraud, including identity theft, are also crimes against property.

December 16, 2015

Possession of Cocaine in Chicago

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

It is against the law in Illinois to possess any amount of cocaine at all. Cocaine, a stimulant derived from the coca plant, is classified as a Schedule I drug in Illinois. The penalties for the possession of cocaine are set out in the Illinois Controlled Substances Act at 720 ILCS 570/1 et seq.

Illinois Drug Schedule and Penalties

Illinois classifies illegal drugs into different categories, called schedules. The penalties for drug possession depend on which schedule the drug is classified in. There are five different schedules, with Schedule I being street drugs with the highest potential for abuse and Schedule V being prescription drugs with the lowest potential for abuse. Cocaine is classified as a Schedule I drug, which carries the harshest penalties given under Illinois law.

December 11, 2015

When are the Police Allowed to Search Your Home?

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

If a police officer shows up at your door and demand you open it, you may feel as if you have no option but to allow the officer into your home. Many people are intimidated by the authority of the police or frightened at the idea of disagreeing with the police. Whatever the reason, most people are either unaware of their constitutional rights when a police officer is at the door or they forget to assert them. While there are some exceptions to the rule, in general, it is illegal for the police to enter your home without a search warrant.

What are Your Rights?

The Fourth Amendment to the United States Constitution protects you from unlawful searches and seizures. This right is extended to you on the state level by operation through the Fourteenth Amendment. This means that if the police do not have a search warrant and you do not consent to allow them into your home when asked, then they are breaking the law if they enter.

December 9, 2015

Chicago’s Heroin Epidemic and Overdose Crisis

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

In October of this year, there were more than 100 heroin overdoses in Chicago, including 74 in a 72 hour period. Police blame one batch of heroin that swept through Chicago’s West Side, which was laced with the drug fentanyl, a powerful painkiller. Most of the users who overdosed obtained the heroin from the same two sources, which is what led authorities to determine that a single batch was to blame for all of the overdoses. Those who overdosed failed to respond to Narcan, the drug used in emergency rooms throughout the United States to reverse the effects of a heroin overdose. Not until emergency room doctors doubled and tripled the Narcan amounts were they able to save the lives of the people who overdosed.

Chicago Police are Cracking Down on the Heroin Problem

Heroin use has been on the upswing in Cook County. Throughout the United States, heroin overdoses have quadrupled in the past ten years. Between 2007 and 2013, heroin use in the United States has doubled, and many experts believe no city has been harder hit than Chicago.

December 4, 2015

Public Indecency in Illinois

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

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Public indecency in Chicago is a complicated and serious criminal charge. The penalties and other consequences you face will depend on the circumstances surrounding the incident. In most cases, the crime of public indecency is a Class A misdemeanor in Illinois. The gist of being charged with public indecency is that you exposed yourself in a public place. If you are convicted of public indecency, you face up to a year in jail, and a maximum fine of $2500. The most problematic part of being charged with public indecency is that it is considered a sex crime, and in some situations, those convicted of public indecency will have to register in Illinois as a sex offender, after serving whatever sentence is imposed by the judge. Any person who is under the age of 16 cannot be prosecuted for public indecency, although they can face charges of disorderly conduct for behavior that would be charged as public indecency in an older person.

Elements of a Public Indecency Charge

December 2, 2015

What Makes a Sexual Assault “Aggravated” in Chicago?

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

Being charged with sexual assault in Illinois is serious, and if you are convicted of sexual assault, you face some of the heaviest penalties levied for any crime in the state. There are several categories of criminal sexual assault in Illinois, and although they all carry the potential for severe penalties, some are worse than others.

What is Criminal Sexual Assault?

Criminal sexual assault in Illinois, or rape, is charged when an individual commits an act of sexual penetration against another person without their consent. Criminal sexual assault is also charged in cases where the victim is not able to give consent, such as when the victim is intoxicated, mentally disabled, underage, or otherwise legally unable to give consent to have sex.