Chicago Criminal Lawyer Blog

November 27, 2015

Happy Holidays: Ticket and Tax Amnesty for Chicagoans!

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

Two parking tickets, tucked beneath a single windshield wiper, await a likely angry driver when he returns to his vehicle on a street in downtown Doylestown PA. 2008-04-05.

Great news, if you are an individual or a business that owes debt to the City of Chicago. The city has announced that it will be running an amnesty program, referred to in the 2016 Budget as a Debt Relief Program, that will forgive eligible debt. Some driving-related debts are waivable under the program, including penalties and fines associated with parking tickets and moving violations. There are also non-driving debts and even tax debts eligible for inclusion in the Debt Relief Program. This program will not last long, and if you can, you should take advantage of it as soon as possible. The amnesty program begins on Sunday, November 15, 2015 and ends on December 31, 2015.

What Types of Tickets Qualify for Amnesty?

November 25, 2015

The Most Common Defenses to Drug Crimes

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

Whether you are facing charges of possession of a controlled substance or illicit drug, or you have been charged with trafficking with the intent to sell or distribute illegal drugs, there are many legal defenses available to you. Depending on which, if any, is applicable, you can greatly reduce the severity of your sentence, especially if it is your first offense. Some of the key defenses are discussed here.

Denial of Ownership

Denying ownership is the common defense put forth in a drug crime and is often quite successful. You should not claim ownership of any drugs if you are searched or your premises are searched, or if you are in a place the police raid and drugs are found; instead you should exercise your right to remain silent and immediately contact an attorney.

November 20, 2015

Are You Being Charged with Stalking in Chicago?

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

Harassment and stalking allegations are emotionally laden, complex charges to be facing at what is probably already an extremely difficult time in your life. In addition to whatever stressful situation led to the alleged criminal behavior in the first instance, you are now facing serious criminal charges. The Illinois legislature has passed extremely broad laws to curb harassment and stalking – sometimes overbroad. If you find yourself tangled up in this confusing and intricate web of laws, you need to talk to an experienced Chicago stalking defense attorney about how to defend against these charges.

Harassment in Illinois

Harassment in Illinois is defined as making an obscene or indecent comment or request to another with the intention to offend, threaten, or annoy them. It need not be face to face. You can be charged with harassment for telephone, email, text, and other communications. You can even be charged with harassment without speaking to the other person. For example, if someone repeatedly calls and hangs up on another without ever saying a word, that could rise to the level of harassment.

November 18, 2015

Felony Murder: When Self Defense is No Defense

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

First-degree murder carries the highest sentence of any single crime in all of Illinois and is subject to the mandatory minimum statute. This means that those convicted are almost guaranteed at least a 20-year prison term, and if a gun is used the mandatory minimum jumps to 45 years. Felony murder is a one type of first-degree murder.

If someone dies during the commission of a forcible felony, those committing the felony can be charged with first-degree murder. You can be charged with felony murder even if the person died accidentally or was killed by someone else, as long as a forcible felony was being committed at the time. Illinois prosecutors have even successfully brought felony murder charges in situations where a co-felon was killed by the police. A forcible felony is defined as sexual assault, robbery, burglary, arson, kidnapping, aggravated battery, and any other felony that involve the use of or threat of physical force or violence.

Self-Defense Claims are Unavailable

November 13, 2015

The Heroin Crisis Act

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

Illinois is ahead of much of the country on taking an innovative approach to dealing with heroin addiction with the passage of The Heroin Crisis Act (The Act). The Act follows the lead of the Chief of Police in Gloucester, MA, and instead of treating people charged with heroin possession as criminals, offers treatment for their addiction.

The Act increases funding for drug education, as well. It also establishes a prescription drug refund program and expands the coverage of rehabilitation programs to be included under Medicaid. The law requires all pharmacies to dispense an opioid overdose antidote like naloxone to drug users and their loved ones without discrimination, and firemen, police officers, and school nurses must now carry the drug and receive training on how to administer the drug in the appropriate manner. Naloxone is a drug that effectively reverses the effects of a heroin overdose and saves lives.

The Law

November 11, 2015

A Man Legally Carrying a Concealed Weapon Kills Attempted Robber

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

A man was fatally shot by a customer as he tried to rob a business in Gage Park this past weekend. The man who was shot entered a currency exchange store, withdrew a gun, and demanded money. A customer then withdrew his own firearm and shot the alleged robber multiple times, and the man died. The alleged perpetrator had a long history of criminal charges for robbery, and the person who shot him did have a concealed carry permit and an FOID card. Because the man who shot was legally carrying a firearm, the Chicago police have indicated he will not likely be charged with a crime. Obviously, understanding what you need to do to legally carry a concealed weapon in Illinois can make the difference in a real life situation as to whether you will later face criminal charges, so it is critical to know the law.

Firearm Concealed Carry Act

On July 9, 2013, Illinois adopted the Firearm Concealed Carry Act, which allows those with a valid license to carry a concealed weapon in public. This law was passed in large part in response to the high crime rate in Chicago and the surrounding area, as people began demanding the right to protect themselves in public. The crime rate is indeed lower since the Firearm Concealed Carry Act was passed. Illinois is a “shall issue” state, which means that the Department of State Police are required to issue a concealed handgun license as long as the applicant:

November 6, 2015

Charged with Criminal Speeding?

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

Did you know you can be charged with a misdemeanor and be required to go to court if you are pulled over for speeding? If you are going 26 miles over any posted speed limit, you have committed a crime under Illinois law. While it may sound like a silly, small law, it can have a major impact on your life and can even require jail time. If you are facing criminal speeding charges, it is important to hire an experienced criminal traffic defense attorney.

Illinois Law

It used to be that Illinois drivers faced misdemeanor charges if caught speeding more than 30 miles over the speed limit. Since 2014, however, that law was made more stringent, and 26 miles per hour over the speed limit is now the threshold for misdemeanor speeding charges to be brought. Section 11-601.5 states that a person driving 26-34 miles per hour above the speed limit commits a Class B misdemeanor and a person driving 35 miles per hour or more over the speed limit commits a Class A misdemeanor.

November 4, 2015

What Happens if You Fail to Register as a Sex Offender in Illinois?

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

Illinois is extremely hard on those convicted of sex crimes. In many cases, the law requires those convicted of sex crimes to register on the Illinois Sex Offender Registry, which is a public database. For any number of reasons, people fail to register or renew their registration, sometimes through no fault of their own. So, what happens if you do not register?

Failure to Register as a Sex Offender in Illinois

Failing to register as a sex offender in Illinois, or failing to renew your registration, means you can be charged with a Class 3 felony. If it is the second or subsequent time that you failed to register as a sex offender, or failed to renew your registration as a sex offender, then you can be charged with a Class 2 felony. This means that you will be required to spend a minimum of seven days in jail and pay a minimum fine of $500, although a Class 2 felony could carry a sentence of three to seven years.

October 30, 2015

Bail and Bond Violations

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

Bail violations are violations of the terms of your release from prison while you are awaiting trial. There can be many conditions imposed as part of your bond, and a violation of any one of them can result in serious criminal penalties, including being sent or returned to prison.

What is a Bond Violation?

If you have ever seen a modern “cop” drama on television, you are aware of the concept of bond, or bail. After you are arrested, in most cases you can give the state of Illinois some amount of money to hold as a type of collateral, or insurance, to ensure that you will appear for your court date, or comply with other conditions while you await trial. If you follow all of the conditions of your release and show up for trial, that money is refunded to you. If you break any of the conditions of your bail or fail to appear for your trial, you could not only forfeit the bail money, but you could face even more criminal charges than you are already facing.

October 28, 2015

Man Sought in Irving Park Bank Robbery

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

On Wednesday, October 21, 2015, a man robbed an Irving Park neighborhood bank located on the Northwest side. According to witnesses, the man walked into the Wintrust Bank branch at 4343 N. Elston Ave. between 4:00 and 4:30 in the afternoon, gave the teller a note demanding cash, and then ran away with an unspecified amount of money, according to Chicago Police and the FBI. The suspect has not been caught at this time, but if he is caught, he will face serious federal charges and a lengthy prison sentence.

Bank Robbery Charges

If you are charged with bank robbery, it is always a federal offense. To be convicted of bank robbery, the assistant U.S. Attorney must be able to prove beyond a reasonable doubt that a person took or tried to take money or property from an institution that is federally insured. Even if you are arrested for allegedly stealing from an ATM, you will be charged with bank robbery.