Chicago Criminal Lawyer Blog

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.

October 23, 2015

Why Do Police Find More Illegal Firearms in Chicago Than the Rest of the Country?

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

If you own a television, you know that a scourge of gun violence plagues the nation on a daily basis, and perhaps nowhere more frequently than in Chicago. The spike in murders and other shootings in Chicago in the past year has thrust the city into the national spotlight, and it has recently been made known that the police in Chicago are seizing more guns than anywhere else in the nation.

In 2014, the police confiscated around 7,000 illegal guns. In the first nine months of 2015, the Chicago Police Department says it has already seized over 5,500 illegal guns. The numbers keep climbing, and according to both prosecutors and defense attorneys, this causes jurors to wonder where and how the police are getting all of these illegal firearms.

If you face gun charges in Chicago, you are overwhelmingly likely to be convicted. The Cook County prosecutors win seven out of every ten gun cases, although obtaining convictions is becoming more difficult. There is a growing skepticism toward the Chicago Police Force and the credibility of the officers, which is reflected in several recent high profile arrests that were either dismissed by the judge for lack of probable cause, or the accused was acquitted because the jury did not believe the story told by the police. The events of the past several years and the killing of many unarmed black men by police officers throughout the country have contributed to this climate.

October 21, 2015

Are You Facing Credit Card Fraud Charges?

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

Illinois takes all types of fraud seriously, and if you are being charged with credit card fraud, you may be facing a lengthy jail sentence. It is important to understand just what credit card fraud is and what to do if you are charged with that crime.

What is Credit Card Fraud in Illinois?

Under Illinois law, there are several crimes that are considered credit card fraud, including:

October 16, 2015

Changing Marijuana Laws in Illinois

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

Throughout the United States, a remarkable change of heart and mind about the use of marijuana is in progress, and Illinois has joined in, albeit with some resistance. There are currently 38 states with some type of medical marijuana program, 16 states that have decriminalized smaller amounts of marijuana possession, and two states that have legalized the recreational use of cannabis.

In 2016, two more states will legalize recreational marijuana, and Illinois is poised to join the 16 other states that have decriminalized small amounts of marijuana. As it now stands, however, marijuana possession remains a crime in the state of Illinois (even though the City of Chicago decriminalized marijuana on its own in 2012 and moved to a ticketing system). While the marijuana laws will most likely change in the near future, you still should be aware of the current laws governing possession of cannabis.

Marijuana Laws in Illinois

October 14, 2015

Carjacking Laws in Illinois

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

Most of us are familiar with the term carjacking from television, movies, and video games. It is legally referred to as vehicular hijacking, and it is defined as the use of force or the threat of the use of force to steal another person’s vehicle. Vehicular hijacking, or carjacking, is a serious violent crime in Illinois and the penalties are harsh. You will be facing felony charges and a lengthy prison term, as well as fines, if you are accused of carjacking, and you will have a permanent blight on your criminal record.

What Exactly is Carjacking?

Under Illinois law, you can be charged with carjacking if you take a motor vehicle from another person by the use of force, or by the threat of the use of force. It is considered more than a simple robbery – it is a separate charge entirely, and it is a Class 1 felony. If you are convicted of carjacking, you could face up to 15 years in prison. The penalties are significantly harsher than those for robbery and burglary offenses, which are usually charged as Class 2 felonies and carry shorter sentences and lower fines.

October 9, 2015

New Law Protecting Family Pets Takes Effect January 2015

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

We have all seen shocking stories in the news about babies dying after being left in a hot car, or less commonly, a cold car. What we do not hear about as often is the number of pets that die every year from extreme heat or cold when left alone in a car for too long or outside for too long.

Most people would never do anything to intentionally hurt their pets, but sometimes mistakes in judgments are made. Is it ok to leave Fido in the car at 4 pm while you run a five-minute errand? Probably. Even then, however, there could be issues. If it is over 90 degrees outside, even five minutes in the car is too long. You never know what will happen that can keep you away from your car longer than the intended five or ten minutes. You can never be sure something bad will not happen. A new law is an attempt to raise awareness of this issue and lower the incidence of Illinois residents leaving pets in cars.

What Does the Law Provide?

October 7, 2015

How Bail is Determined in Criminal Cases

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

When a person is arrested and faces criminal charges that may result in jail time, there is often a lengthy period of time between the initial arrest and the trial. During the time between your arrest and the eventual trial, bail can be posted, allowing you to remain free until trial.

What is Bail?

People post bail by paying money as a guarantee that they will not flee the area and that they will return for the trial. As long as the offender out on bail appears in court for trial, the money is returned. If the defendant does not return to the court, the bail money is forfeited.

October 2, 2015

2014 Champaign Officer of the Year: A Sexually Dangerous Person?

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

Jerad Gale, chosen as “Officer of the Year” for the Champaign Police Department, has been arrested for raping and strangling two different women. Since his arrest, another victim and a former girlfriend have come forward alleging similar crimes were committed against them by Gale, and he faces those charges as well. He was also accused of sexual assault in 2007, but was unable to be prosecuted due to a three-year statute of limitations. Somehow, he was awarded the Officer of the Year honor in spite of this. He is not likely to repeat that award, and in fact, prosecutors are trying to have him named a “sexually dangerous person.”

What is a “Sexually Dangerous Person” in Illinois?

The Illinois Sexually Dangerous Persons Act (“The Act”) defines “sexually dangerous persons” as all persons suffering from a mental disorder for longer than a year who have also “criminal propensities” to commit sex offenses and have either committed prior acts of sexual assault or sexual molestation of children. Pursuant to this definition, the prosecutors in this case are seeking a designation of “sexually dangerous person” for Gale, and his motion to dismiss the petition has been denied.

September 30, 2015

When Young Love Requires a Criminal Defense Lawyer

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

The legal age of consent for sexual activity in Illinois is 17. This means that voluntary sexual conduct with a person under the age of 17 cannot be consensual under the law under any circumstances. Put another way, it is not possible for anybody under the age of 17 to legally consent to any sexual conduct. Sexual conduct is defined as touching the sex organs of another person. This makes it possible for two 16-year-olds who engage in “heavy petting” to be found guilty of a crime in Illinois and to end up on the Illinois sex offender checklist.

Illinois Age of Consent Laws

Under Illinois law, when a person under 17 years of age commits a sexual act with another person who is under the age of 17, both parties are guilty of criminal sexual abuse. So, in the example above, if the parents of both teenagers complain to the police, both teenagers would be arrested and charged with criminal sexual abuse.