Chicago Criminal Lawyer Blog

April 21, 2023

Trafficking and Distribution of Drugs

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

While many people believe that “drug trafficking” and “drug dealing” are interchangeable, the law casts a broader net. And the fact that state drug trafficking policy varies considerably, both states have rules that make drug trafficking illegal.

If you manufacture, transport, market, or administer illicit drugs, you will be charged with drug trafficking.

When you are caught with a certain amount of some illicit drug, you will be charged with drug trafficking. It is valid even though you did not manufacture, purchase, distribute, or transport the drugs. If you have drugs in your hands and the volume reaches the legally defined distribution amount, you could be charged with drug trafficking.

April 19, 2023

The Crime of Assault in Illinois

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

Even though most people use the terms “assault” and “battery” interchangeably, the reality is that assault and battery are two different criminal offenses. In Illinois, for a person to be found guilty of assault, there does not need to be proof of physical contact of a provoking or harmful nature. On the other hand, there needs to be proof of physical contact of a harmful or provoking nature for someone to be convicted of battery. In Illinois, a person can be convicted of assault based on just words. Below is more about the crime of assault in Illinois.

The Criminal Offense of Assault in Illinois

According to 720 ILCS 5/12-1, an individual commits the offense of assault when, without legal authority, they knowingly engage in conduct that puts another in reasonable apprehension of receiving a battery. According to Illinois law, an individual does not have to cause actual harm to the victim for them to be charged with assault.

April 14, 2023

Are Drug-Sniffing Dogs Legal at a Traffic Stop?

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

Just seeing a drug-sniffing dog can be nerve-wracking, and having one sniff your body, compound, car, or belongings can feel like an infringement on your privacy. These dogs are a common sight in airports and functions such as festivals where large crowds of people gather to have fun.

Apart from airports and music festivals, you might have seen these dogs at a traffic stop and wondered if it was legal for the police to have them there.

The Case of Illinois V. Caballes

April 12, 2023

Waiver, Non-Custodial Questioning, and the Limits of Miranda Rights

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

You have seen it on TV a thousand times. A police officer makes an arrest, then tells the perp, “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.”

In the Miranda v. Arizona case, the Supreme Court established that law enforcement officers must warn criminal suspects about two crucial rights under the United States Constitution: the Fifth Amendment right against self-incrimination (“No person shall be…compelled in any criminal case to be a witness against himself,”) and the Sixth Amendment right to legal counsel (“In all criminal prosecutions, the accused shall have the Assistance of Counsel for his defense.”) Only once this warning has been given may the suspect knowingly waive the right against self-incrimination and make a statement to police officers.

The Risk of Waiving Your Right Against Self-Incrimination

April 7, 2023

Defenses to Assault Charges in Illinois

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

Being charged with the offense of assault in Illinois is a serious thing, especially because of how easy it is to be convicted of the crime. Thus, it is crucial that you take an assault charge seriously because the crime of assault carries serious potential penalties. If you are being charged with assault in Illinois, you need to retain a skilled criminal defense attorney. It is crucial that you hire an attorney who can work with you to develop a defense strategy that can help you fight your charges.

The defenses available in assault cases can vary widely depending on the specifics of a case. But the following are some of the most common defenses to assault charges in Illinois.

Self-Defense

April 5, 2023

Should You Represent Yourself in Court?

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

You have been charged with a crime, and you have been summoned to court. Whether it is a traffic violation, a misdemeanor that resulted from a bar fight, or even a low-level drug possession issue, attorney representation can be a significant expense. Now, you are attempting to decide whether you can manage your defense on your own without hiring a lawyer.

Those that represent themselves in legal proceedings on their own behalf are referred to and appear as “pro se” litigants. While most persons do not have real-time courtroom experience—especially as a defendant—many feel that they have gained valuable knowledge from movies and TV shows and therefore understand courtroom mechanics. Possibly the most famous pro se litigant was Robert Kearns, the inventor of the intermittent windshield wiper who prevailed in court against the giant Chrysler corporation. If someone like the non-legally trained engineer Kearns could be successful in a big-time courtroom setting, why not skip the lawyer expense and handle your case yourself?

Pro Se Representation Advantages

March 30, 2023

FBI Uses “Cop City” Protests to Surveil Activists

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

The “Cop City” protest group in Atlanta involved recruitment and awareness efforts in Chicago via a Twitter account and group meetups. In this case, the activists were opposed to the destruction of a public park and an 85-acre urban forest in Atlanta that was earmarked for use as a police training center. The area was thenceforth known as “Cop City.”

The activism efforts spooked the FBI even though there was no evidence that the group did anything more than raise awareness about the destruction of an urban forest and hold meetings to discuss social and environmental issues. Nonetheless, the FBI snooped on the activists and dedicated federal funds to the effort of stopping “anarchist extremism.”

Documents, which failed to indicate anyone in the group did anything illegal, characterize the individuals as “violent anarchist extremists” and “violent environmental extremists,” but there is no evidence to buttress those allegations.

March 28, 2023

18-Year-Old Charged in Murder of Police Officer

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

A Chicago man charged with shooting and killing a Chicago police officer is being held without bond. The man is charged with two counts of first-degree murder, among other things. He did not have a criminal history, according to police, but his reputation for gangsterism preceded him. The young man was suspected of running from a stolen car after a shooting. In that case, police had sought felony charges, but prosecutors only approved misdemeanor charges based on his age and arrest record. In the shooter’s case, the charges were eventually dropped after he completed 20 hours of community service. His age and lack of criminal record were cited as reasons to be lenient.

Now, the prosecutor’s office is in big trouble after the boy shot and killed a police officer. Today, law enforcement is caught between two pressures. The first is ensuring that young individuals have a chance to rehabilitate themselves. The second is ensuring the safety of the public and police officers. Every time something like this happens, the pendulum swings back toward less leniency.

Analyzing the Enforcement Issues

March 24, 2023

Chicago COVID Testing Lab and Owner Indicted on $83M Fraud

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

Bilking government agencies of publicly disbursed entitlements is now a national pastime, and when COVID struck, it only got worse. As Uncle Sam began rolling out one relief program after another, several bad actors moved into place to see how much of that money they could get without doing anything in return. These lawsuits are still being filed as the forensic number-crunchers at the IRS track down the information provided by individual applicants. In this case, briefly reviewing the records resulted in the numbers not adding up, and now one individual is facing charges for $83 million in losses.

The laboratory’s co-owner has been charged with 10 counts of wire fraud and one count of stealing government funds.

How Did the Fraud Work?

March 22, 2023

Teen Charged After Kia Joyride Injures Two Officers

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

A Chicago teen is facing criminal charges after stealing a Kia at gunpoint and taking it on a joyride. The vehicle eventually crashed into a police car and spun out into a parked car. The three teens inside the vehicle took off in different directions, but police were able to apprehend each of them. One of them had a gun. The victim was a 16-year-old girl. The suspect has been charged with armed robbery and criminal trespass to a vehicle. Both officers injured in the crash are expected to make a full recovery.

This particular teen will be charged as an adult. Charging documents have already taken off many of the worst allegations that can be made. The law likes to give 17-year-olds a chance to rehabilitate their lives. Unfortunately, prison is not the place for that. However, when it comes to 17-year-olds who commit violent crimes, most jurisdictions will pursue adult charges.

However, Chicago is once again in a swing toward “tough on crime” politics as news of crime draws criticism from the public.