Chicago Criminal Lawyer Blog

June 17, 2016

New Law Grants Immunity to Underage Drinkers Who Seek Medical Assistance

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

Recently, the Illinois Medical Amnesty Law went into effect. The law, which grants immunity to underage drinkers who call 911 to report an alcohol-related injury, was partly inspired by a similar heroin exemption passed a few years ago. Both laws attempt to address the increasing number of tragic deaths caused by alcohol consumption, many of which could have been avoided but for a minor’s refusal to contact emergency personnel out of fear of prosecution.

Current Law

Under current Illinois law, the crime of possessing, consuming, purchasing, or receiving alcohol while under the age of 21 years old is considered a Class A misdemeanor, which is punishable by a driver’s license suspension or revocation for up to one year. The minor is also required to pay a minimum fine of $500 and complete 25 hours of community service. Transporting alcohol while underage is also illegal under Illinois law and any passenger in the car can be charged with a maximum fine of $1,000. The driver faces a one year mandatory driver’s license suspension for a first offense and a one year revocation for any subsequent offenses.

June 10, 2016

Predictive Policing in Chicago: Curbing Violent Crime Intelligently

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

At first blush, the idea of predictive policing sounds a lot like something out of the movie Minority Report. In order to target their policing efforts, the Chicago Police Department uses a high-tech database of persons, which it refers to as the Strategic Subject List, who are most likely to be shot or to shoot someone. With murder rate on the rise, up 50% from last year, and an ever-increasing number of shooting victims, the department has ramped up its raids and is actively using this database to prevent violent crime. In the first half of 2016, there were 1934 shooting victims and 326 homicide victims in Chicago. From January 1 to December 31 of 2015, these figures were 2988 and 490, respectively. See Chicago Tribune articles for more. Chicago homicides; Chicago shootings.

The “list” contains a list of persons who are most likely to be shot soon or to shoot someone based on a computer algorithm that calculates a score based on arrests, shootings, affiliations with gang members and other variables. It ranks each person based on their score; the higher one’s score, the higher the probability he or she may be a victim or perpetrator of gun violence. The algorithm does not use race, ethnicity, gender, or geography as a factor.

In the last two months, this list has helped the police crack down on deeply entrenched drug rings, particularly in Uptown and East Garfield Park. According to Chief Anthony Riccio, the head of the Department’s Organized Crime Division, the drug operations were run by local street gangs, and the proceeds from drug sales went to buying guns and funding other criminal acts by the gangs. In the last week of April, 70 people were arrested in East Garfield. Of the 70 people, 54 were charged with felony narcotics delivery or possession; nearly all of them – 49 out of 54 – were on the Department’s Strategic Subjects List. An additional 16 people were arrested in drug raids in Uptown during the same time period. Police targeted the drug rings that were selling heroin laced with fentanyl, which has been causing fatal overdoses in Chicago and its suburbs.

June 8, 2016

New Illinois Law Joins National Effort to End Sexual Violence on College Campuses

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

One in five women will be sexually assaulted while in college, according to a recent study by the Association of American Universities. Despite the alarming prevalence of rape on campuses, many universities remain complacent or unresponsive in reacting to reports of rape. The aggressive White House initiatives and campaigns, led by a task force formed in 2014, have transformed the way colleges and universities respond to allegations of sexual misconduct, as well as the level of awareness among college students about rape and the culture of rape.

Ending sexual violence on campuses across the nation has been one of the Obama Administration’s most passionate policy initiatives since 2011. The Department of Education and Vice President Biden published a comprehensive guideline for universities to help them understand their legal obligations under federal law. In January 2014, the administration established the White House Task Force to Protect Students from Sexual Assault. In April of that year, the Task Force launched a public awareness and education campaign called “It’s On Us.” to further advance and galvanize efforts across the nation to prevent sexual assault. The campaign has sought “to fundamentally shift the way we think about sexual assault, by inspiring everyone to see it as their responsibility to do something, big or small, to prevent it.” See White House Press Release on “It’s On Us.”

Since the launch of the campaign, more than 344,400 people have taken the White House pledge, and 530 schools in 48 states currently have active It’s On Us chapters. Reports of campus sexual assault have surged in the last few years, which legal experts attributed to increased awareness and knowledge of the issue.

June 3, 2016

Common Myths About the Police

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

Many people will have to interact with a law enforcement officer at some point in their lives, but unfortunately a lot of commonly-held beliefs regarding police policies and procedures and the laws surrounding them are based on entertainment media rather than any sort of actual facts. The following are some examples of instances where people’s incorrect beliefs about the police can potentially hurt them.

Myth: A case against a person will be dismissed if the police do not read them the Miranda warning during their arrest.

While this idea has been popularized through many television police dramas, it is not actually correct. The Miranda warning was put into effect for the purpose of helping people protect their Fifth Amendment right against self-incrimination. However, the requirement is only valid after a person has been placed under arrest when law enforcement officers intend to question them. Statements that are made before then are admissible at trial regardless of whether the Miranda warning has been read.

June 1, 2016

Inter-State Marijuana Shipments

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

The legalization of recreational marijuana in several states over the last few years has created a business opportunity that some people are finding difficult to resist. Non-commercial cultivators in states like Colorado that have legalized recreational marijuana have little legal regulation, and even less oversight, and with prices for their product being between 300% to 500% higher in states where the possession and use of marijuana for recreational purposes is still illegal, there is a huge incentive for these gray-area cultivators to export their crops across state lines.

Case Study

Illinois resident Ryan Bailey was arrested on January 7 by Chicago police after receiving a seven pound package of marijuana sent to him from a nonexistent shipping company in Aurora Colorado. Before moving to Chicago, Mr. Bailey had lived in Colorado, where he and his wife had run both a growing facility and dispensary where he got in legal trouble for running a much larger operation than was allowed without commercial permits. Prior to his January 7th arrest, Mr. Bailey was arrested previously when the Chicago police department raided his home in Northwest Chicago and found over 40 pounds of marijuana. In both cases the raids were set in motion by UPS employees who reported delivering packages that smelled strongly of marijuana.

May 27, 2016

The Miranda Warning

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

“You have the right to remain silent. Anything you say may be used against you in a court of law. You have the right to an attorney.” The Miranda warning, or Miranda rights, are probably familiar to anyone who has watched police dramas or true crime shows on television, but the practical aspects of them are often misunderstood.

History

People in the United States have the rights under the Fifth Amendment against self-incrimination and under the Sixth Amendment to an attorney when they are being accused of a crime by law enforcement. The Miranda warning developed out of a Supreme Court holding in Miranda v. Arizona, 384 U.S. 436 (1966) which set out that in order for a statement made to law enforcement officers to be admissible in court the accused needs to be made explicitly aware of these two rights. The Miranda warning statement thus serves two purposes. First, it defends the accused by notifying them of their rights, and second it ensures that any statements that the accused makes to the police will be admissible in court.

May 27, 2016

The Code of Silence Within the Police Force Promotes Mistrust Within the Community

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

That old saying that “one bad apple spoils the whole bunch” is what may be happening in the communities where mistrust of the police is so prevalent. When you have a single police officer, or several officers committing misdeeds, including murder, against members of the communities they are sworn to “serve and protect,” and those deeds go unchecked by fellow officers or the precinct watch commanders who are responsible for controlling and reigning in the bad conduct of their officers in the field, the communities will equate those misdeeds to the entire force. This is human nature, and to be expected. It is up to the police precincts to foster and maintain a more cooperative relationship with their communities. In order to do this, they must bring those officers responsible for criminal activities within those neighborhoods, to justice. It is inexcusable to make any attempt to justify criminal activity committed by law enforcement, and to expect the communities to support those same law enforcement officers. A “code of silence” has no place in law enforcement.

Chicago Police Department and its Code of Silence

A “code of silence” amongst law enforcement officers will go a long way in perpetuating acts of misconduct and the cover-up of police officer misdeeds and actual police criminal conduct within certain precincts. This unwritten code prevents a police officer from “snitching” on another police officer if he is aware that, that officer has engaged in some form of misconduct. Fear of retaliation and intimidation for providing evidence of police misconduct has no place in law enforcement. If such conduct is allowed within the ranks of our police officers, you will see a total breakdown between law enforcement and the communities.

May 25, 2016

Chicago Gun Law Issues

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

The city of Chicago has enacted some of the toughest gun laws in the United States in an attempt to control the city’s notoriously high rates of violent crime. Measures that they could not legislate to the satisfaction of the city council and Chicago police department without running afoul of the United States Constitution, politicians got around by making ownership restrictions so onerous that the average citizen could not, for practical purposes, legally own firearms anyway. Despite cautions from pro-gun groups and civil libertarians, Chicago’s city government had to learn for itself that strict gun control laws only prevent the law-abiding from possessing guns.

Legal Challenges

While the city leadership in Chicago seemed to think it would be acceptable to simply ignore Federal laws and the constitution of the United States, by practical effect or force of law, legal challenges have since worked their way through the system, and the United States Supreme Court has struck down a number of the significant illegal policies that the city has attempted to push on the citizens of Chicago. Gun stores are again conducting business within city limits, and concealed carry licenses are being issued. While this may seem initially to be a benefit for the residents of Chicago, it has caused some issues, as well.

May 25, 2016

Are Police Shootings Justified?

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

There have been several incidents recently where a Chicago Police Officer has been involved in conduct that was either illegal or borderline illegal. This should not reflect on the hundreds of officers that are outstanding in the performance of their duties, but unfortunately, it does. The responsibility should be laid at the feet of the administrators that turn a blind eye to problem officers who create an atmosphere of mistrust in their communities.

The Chicago Police Department recently came under fire over the perceived “code of silence” with respect to giving any evidence of potential police corruption within a precinct. A federal court judge has given a green light for Chicago’s Mayor Rahm Emanuel to be called before the court to give testimony regarding this practice. This court ruling may have significant ramifications for the way the police department will be required to conduct their investigations into internal affairs going forward.

The actions of police departments across the nation have been placed under microscopic scrutiny due to several highly politicized incidents involving law enforcement and the neighborhoods that they patrol. In several incidents, the police have been exonerated. Even so, some believe that cover ups do occur. In such a climate, any possibility that evidence of true police misconduct is being covered up by a “code of silence” will lead to mistrust, especially in those communities that need the police the most.

May 13, 2016

Can We Get a Witness?

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

Street gang violence in the inner cities has become a way of life. News reports about shootings and killing on any given weekend is now Monday morning’s “yawn” story. But how can that be? Young men and women being shot down in the streets become just another statistic. A life lost, snuffed out by an “unidentified” assailant, is how the story goes. The assailant cannot be identified even though the probability of the residents of these closed neighborhoods not knowing who does what in the community is slim to none. Law enforcement’s hands are tied because of the desensitization and unwillingness of neighbors in the communities to get involved.

Sometimes You are Just in the Wrong Place at the Wrong Time

An adjunct to the tragic story of Lee McCullum is the equally tragic story of Tiara Parks, the 23 year old girlfriend of McCullum. Parks was also the daughter of a Cook County Sheriff’s Deputy, a college student and a working mother. It is not known at this time what the possible motive for this murder was. Two other individuals were wounded in this drive-by shooting, one in the leg and one in the back. During the time of the shootings, there were approximately twenty people in the area, standing around as Parks and her companions were shot down as they exited their car in front of the Haley Elementary Academy. It is also unknown at this time if Parks or either of her companions, or all three of them, were the targets of this shooting.