Chicago Criminal Lawyer Blog

December 14, 2018

What to Expect When Authorities Respond to a Domestic Violence Call

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

The 2017 Annual Report released by the Illinois Courts showed 2,790 new domestic related cases in the state. Contrary to popular misconceptions about domestic violence, the laws in Illinois that govern this crime reach much further than abusive spouses.

Illinois statute 750 ILCS 60 addresses domestic violence and defines it as a crime against another member of the same household. It also explicitly defines household members as former spouses, blood relatives, children, parents, and stepchildren, in addition to current spouses.

Domestic violence law in Illinois is differentiated from the same law in other states in that it encompasses harassment, intimidation, and other actions that do not involve physical harm. The determining factor is whether the assailant harasses, threatens, or inhibits the personal liberty of the victim. Regularly, verbal abuse or threats meet this criteria.

December 12, 2018

Categories of White Collar Crimes

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

To better protect consumers and business owners, courts have been punishing those who commit white collar crimes more severely. After the banking system in the United States nearly collapsed, the prosecution of Bernie Madoff, Martha Stewart, Enron executives, and many other high-profile cases took center stage. Many executives of large organizations find themselves under unprecedented federal scrutiny.

The term “white collar” was initially used in the 1930s to describe criminal acts that were not violent. Frequently, individuals faced charges of white collar crimes when more serious criminal violations could not be proven. Think of Al Capone’s conviction of tax evasion in 1931.

There are many crimes that are categorized as white collar violations. Most are related to money or property that was the responsibility of an organization’s trusted employee. The most common form of a white collar crime is embezzlement and is often committed by accountants, payroll clerks, and bookkeepers. Depending on the amount of money or the value of property stolen, embezzlement can be charged as a felony or misdemeanor.

December 7, 2018

The Penalties for Gun Possession in Chicago

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

The state of Illinois has some of the harshest penalties for weapon violations in the country. However, if you possess a valid FOID (Firearm Owner’s Identification) card, you are allowed to own a gun. It is important to keep in mind that having a FOID card does not mean you are legally permitted to carry a gun with you at all times.

Unless your gun is in an appropriate case, in a condition where it can not be fired, and you are on your way to the firing range or moving, it is best not to carry a gun, especially in Chicago. To do so, you will need a concealed carry permit, and even then there are circumstances and locations in which you are not allowed to bring a weapon.

If you are facing weapons charges, contact a gun crime defense lawyer to help you with your case.

December 5, 2018

What Constitutes First and Second Degree Murder?

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

On December 5 of this year, a man from Des Plaines was charged with murder after one of his relatives died suspiciously in the West Pullman neighborhood of Chicago.

According to a spokeswoman for the Chicago Police Department, 47-year-old Robbie Barnes was charged with first degree murder.

58-year-old Rosalind Appling was overheard quarreling with Barnes in her home. After the argument, Barnes allegedly closed the door upon leaving and asked family members not to disturb Rosalind because she was sleeping.

November 30, 2018

Clarifying the Meaning of Probation Violation

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

The simplest way an individual can violate his or her probation in Chicago is getting arrested on new charges. Other scenarios involve people fail to complete provisions of their probation such as contacting their probation officer, taking a court-ordered drug test, or finishing community service hours. The list of violations goes on to include failing to follow through with a drug and alcohol treatment program and failing to pay fines.

Across the border in Indiana, 45-year-old Steven Sells was sent back to prison on December 6th for violating his probation. Sells was previously arrested on charges related to dealing methamphetamine. He failed to submit to a drug test and missed an appointment with his probation officer.

A probation violation defense attorney in Chicago can help if you face such charges. He or she will work with the court to help you avoid the most serious consequences and repercussions.

November 28, 2018

Investigating White Collar Crime

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

White collar crimes are those that are financially motivated and nonviolent. The term “white collar” refers to the group of individuals who often committing this sort of illegal activity- government officials or business professionals. Crimes of this nature typically involve embezzlement, forgery, or other means of theft by deception. The tools of the white collar criminal are lies and deceit.

One of the most famous cases regarding white collar crime involved Bernard “Bernie” Madoff. The Department of Justice has disbursed nearly $2 billion back to investors who lost money in his Ponzi scheme.

However, the difference between a mistake and a lie is not clear. When a business transaction goes awry, agencies of law enforcement often misconstrue honest intentions for malicious intent. Far too frequently, innocent people are prosecuted and arrested for white collar crimes based on ambiguous evidence.

November 23, 2018

Penalties for Prostitution in Chicago

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

In the state of Illinois, it is illegal to exchange a sex act for anything that has value. The charges brought against the defendants in prostitution cases are determined by their role as promoter, seller, or buyer.

For example, on November 1st, a man from Bellwood was accused of forcing a woman into prostitution in 2016 and 2017.

The crime of prostitution is only applicable to a seller who agrees to perform or knowingly offers sex acts for anything of value, which is cash in most cases. For the buyer, the criminal charges of solicitation and meaningfully patronizing a prostitute are applied.

November 21, 2018

Kidnapping Defined in Illinois

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

A man from Central Illinois was sentenced to 48 years in prison for the death of another man during a kidnapping.

Danny Smith Jr., a 30-year-old from Peoria, was given a prison sentence of 48 years after the death of 41-year-old Maunds Bryant of Normal Illinois. Smith allegedly kidnapped Bryant to steal Bryant’s recent lottery winnings. Bryant and his family won $420,000 from the Illinois State Lottery. After the abduction, Smith demanded $25,000 in ransom.

Smith, according to prosecutors, kidnapped Bryant and Bryant’s stepfather. During the course of the crime, Bryant fell. He sustained a head injury from which he later died.

November 16, 2018

Defining Theft Charges in Chicago

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

A teenager from Rosemont is facing multiple felony charges for credit card theft.

18-year-old Salvador Nunez was charged with 30 felonies for using stolen credits card at various northwest suburban Rosemont locations. Rosemont police stated Nunez was charged with 15 Class 3 felonies for stealing someone’s identity and an additional 15 for the unlawful use of a credit card.

The most serious offense in the category of criminal charges is a felony. Felonious acts also carry with them the most severe penalties. The degree of the punishment depends on the class of the felony committed. According to Illinois law, they range from the least serious, a Class 4, to the most serious, a Class X.

November 14, 2018

Clarifying Domestic Violence Laws in Chicago

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

A man from Aurora with a history of domestic abuse was convicted of punching and strangling his girlfriend while their child was in her arms.

The Kane County State’s Attorney’s office stated that 30-year-old Daniel Benson, Jr. allegedly assaulted his girlfriend after the pair had an argument. The victim was holding their child when Benson punched her in the ribs while in the kitchen of their home. The girlfriend then ran to the living room in an attempt to put the child in a bassinet.

Benson punched her again causing her to fall to the ground. According to police, Benson then strangled her for approximately 30 seconds, but stopped when he heard police.