Chicago Criminal Lawyer Blog

May 31, 2024

Top 10 Reasons Why You Need a DUI Attorney After Being Arrested for DUI in Illinois

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

Being arrested for DUI in Illinois is a serious matter that can have far-reaching consequences. Understanding the importance of having a skilled DUI attorney by your side is crucial. As a seasoned criminal defense attorney with decades of experience, I’ve seen firsthand how the right legal representation can make a significant difference in the outcome of a case. Here, we’ll explore the top 10 reasons why hiring a DUI attorney is essential if you’ve been arrested for DUI in Illinois.

Understanding Illinois DUI Laws

Illinois DUI laws are complex and can be challenging to navigate without proper legal knowledge. Under 625 ILCS 5/11-501, DUI is defined as operating a vehicle while under the influence of alcohol, drugs, or any intoxicating compound. The statute specifies that a person is considered under the influence if they have a blood alcohol concentration (BAC) of 0.08% or higher, or if they are impaired by alcohol or drugs to a degree that affects their ability to drive safely.

May 30, 2024

Can a DUI On My Record Prevent Me from Getting a New Job?

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

As an experienced criminal defense attorney in Chicago, I have seen firsthand the impact that a DUI conviction can have on an individual’s life. One of the most significant concerns for many of my clients is how a DUI on their record might affect their employment prospects. It’s a valid concern, as employers often conduct background checks and may have reservations about hiring someone with a criminal record. In this comprehensive article, I will explore the implications of having a DUI on your record when seeking new employment, including the relevant statutes, potential consequences, frequently asked questions, and the importance of having skilled legal representation.

Understanding the Statute and Relevant Laws

Driving Under the Influence (DUI) is primarily governed by state laws, and in Illinois, it is addressed under 625 ILCS 5/11-501. According to this statute, a person commits DUI when they drive or are in actual physical control of a vehicle while under the influence of alcohol or drugs, or with a blood alcohol concentration (BAC) of 0.08% or higher. The law also covers driving under the influence of any intoxicating compound, combination of compounds, or a combination of alcohol and drugs.

May 29, 2024

FAQs: Federal DUI Criminal Charges in Illinois

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

Facing a DUI charge is a daunting experience, but when that charge escalates to a federal level, the stakes become even higher. As an experienced criminal defense attorney in Illinois, I have guided many clients through the complexities of both state and federal DUI cases. Understanding when a DUI becomes a federal crime, the relevant statutes, potential penalties, and available defenses is crucial for anyone facing these charges. I will now address the most frequently asked questions about federal DUI charges, providing detailed and helpful information to help you navigate this challenging situation and make informed decisions about your defense.

What Is a Federal DUI?

A DUI, or Driving Under the Influence, is generally prosecuted under state law. However, there are specific circumstances under which a DUI can become a federal crime. A federal DUI occurs when the offense is committed on federal property or affects federal interests. This includes places such as military bases, national parks, federal buildings, and other areas under federal jurisdiction. Additionally, if a DUI involves federal employees, contractors, or affects interstate commerce, it can invoke federal jurisdiction.

May 28, 2024

Illinois Violating Probation: Leaving Town While on Probation

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

As an experienced criminal defense attorney in Illinois, I understand the complexities and challenges that come with probation. Probation offers an alternative to incarceration, but it comes with strict conditions that must be adhered to. One common issue that arises is the question of leaving town while on probation. Whether it’s for work, family emergencies, or other personal reasons, leaving town without proper authorization can lead to serious consequences. In this article, I will provide detailed information on what constitutes a probation violation for leaving town, the relevant statutes, potential penalties, common defenses, and why it’s crucial to have a skilled attorney by your side.

The Statute and Relevant Laws

Probation in Illinois is governed by several statutes, primarily found under the Illinois Compiled Statutes (ILCS). Specifically, 730 ILCS 5/5-6-3 outlines the conditions of probation and the circumstances under which probation can be revoked. According to this statute, a judge can impose various conditions when granting probation, including restrictions on travel.

May 27, 2024

Understanding Illinois’ Scott’s Law

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

Scott’s Law, commonly known as the “Move Over” Law, honors Lieutenant Scott Gillen of the Chicago Fire Department. Lieutenant Gillen tragically lost his life after being struck by an intoxicated driver while assisting at an accident on the Dan Ryan Expressway. This traffic law is designed to protect emergency personnel who risk their lives on the roadways while performing their duties.

What Does Scott’s Law Require?

Scott’s Law imposes specific requirements on drivers when they approach any stationary police or emergency vehicle on the roadway. These requirements are:

May 26, 2024

The Illinois Supreme Court Cash Bail Ruling, Explained

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

A historic ruling by the state supreme court affirms that safety and freedom are interconnected.

Under a groundbreaking court decision issued this week, Illinois will be the first state to eliminate cash bail. The state supreme court upheld the Illinois Pretrial Fairness Act, which removes cash bail and sets forth procedures judges must follow to impose pretrial detention. Here’s what you need to understand about this decision and its implications.

What the Illinois Pretrial Fairness Act Does

May 25, 2024

Defending Against Aggravated Arson Charges in Illinois

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

Aggravated arson is one of the most severe charges one can face in Illinois, with significant legal and personal repercussions. As an experienced Illinois criminal defense attorney, I have witnessed the devastating impact these charges can have on individuals and their families. Understanding the legal framework surrounding aggravated arson, the potential penalties, and the defense strategies available is crucial for anyone facing such accusations. This article aims to provide a comprehensive overview to help you navigate this challenging situation.

The Statute: 720 ILCS 5/20-1.1

Under Illinois law, aggravated arson is defined in Section 720 ILCS 5/20-1.1. According to this statute, a person commits aggravated arson when, during the commission of arson, they:

May 24, 2024

How to Defend Your Child Against Underage DUI Charges in DuPage, Illinois

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

If you or a loved one is facing underage DUI charges in DuPage, Illinois, you are likely feeling a mix of fear, confusion, and uncertainty. As a seasoned DUI defense attorney with decades of experience, I understand the profound impact these charges can have on a young person’s life. Illinois enforces a zero-tolerance policy for underage drinking and driving, which means that any trace of alcohol in an underage driver’s system can lead to severe legal consequences. We will now help you understand the relevant laws, potential penalties, and defenses available to navigate these charges effectively.

Understanding the Statute and Relevant Laws

Underage DUI charges in Illinois are governed by specific provisions within the Illinois Vehicle Code, notably 625 ILCS 5/11-501 and related statutes. These laws outline the legal parameters for DUI offenses and establish strict penalties for underage drivers.

May 23, 2024

How To Defend Against Simple Assault Charges in Illinois

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

Facing a simple assault charge in Illinois can be a daunting and stressful experience. As an experienced criminal defense attorney with decades of experience, I understand the fear and uncertainty that come with these accusations. It’s crucial to have a clear understanding of the charges against you, the relevant laws, and the potential consequences. In this article, I will provide detailed information on how to defend against simple assault charges in Illinois, covering the statute, legal definitions, classifications, potential enhancements, penalties, and common defenses. My goal is to equip you with the knowledge you need to understand your situation and make informed decisions about your defense.

Understanding the Statute

In Illinois, simple assault is defined under Section 720 ILCS 5/12-1 of the Illinois Compiled Statutes. According to this statute, a person commits assault when, without lawful authority, they knowingly engage in conduct that places another person in reasonable apprehension of receiving a battery. Unlike battery, which involves actual physical contact, assault focuses on the threat or perceived threat of harm.

May 22, 2024

Defending Against Accusations of Violation of an Order of Protection in Illinois

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

How to Defend Yourself Against Accusations of Violation of an Order of Protection under 720 ILCS 5/12-3.4(d)

Being accused of violating an order of protection in Illinois is a serious matter that can have far-reaching consequences. As an experienced criminal defense attorney, I understand the anxiety and stress that come with these accusations. It’s crucial to know your rights and understand the legal process to effectively defend yourself against these charges. In this article, I will provide detailed information on how to defend against accusations of violating an order of protection under Illinois law, specifically 720 ILCS 5/12-3.4(d).

Orders of protection are designed to safeguard individuals from harassment, abuse, or threats. However, misunderstandings or false accusations can lead to charges of violating such orders. The penalties can be severe, including fines, jail time, and a permanent criminal record that can impact various aspects of your life. Understanding the statute, legal definitions, classifications, potential enhancements, and possible defenses is essential for mounting a robust defense. By the end of this article, you will have a comprehensive understanding of how to defend yourself against these accusations and why having a skilled attorney is crucial in navigating this complex legal terrain.