Chicago Criminal Lawyer Blog

August 31, 2018

Charged with Kidnapping? Use These Defenses

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

Are you facing kidnapping charges in the Chicago area? Are you worried that the charges will land you in jail for a long time? Regardless of your situation, the best thing you can do when charged with kidnapping is hire a criminal defense attorney immediately. An experienced lawyer will be able to evaluate your case and provide you with an honest assessment. An experienced lawyer will also be able to help you build one of the defenses to kidnapping charges outlined below.

The Victim Gave Consent

One of the most common defenses used against kidnapping charges is that the victim actually gave consent. This means that the person who went with the alleged kidnapper originally did so because he or she wanted to do so. At some point during their travels the ‘victim’ decided that they no longer wanted to be with the kidnapper and became fearful, regretful, or angry. This is usually what then leads to the claim of kidnapping and the subsequent arrest and charges filed.

August 29, 2018

Common Defenses to Theft Charges in Chicago

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

Facing an arrest and charges of theft in Chicago is never an easy situation. Whether this is the first time you have been arrested or you have gone through this before, it never gets easier. You might have to face a different judge or have your case handled by a different prosecutor. Either way, there are defenses available to you to fight the theft charges so you do not simply have to give up your freedom and spend time in jail.

Right of Ownership

One of the most commonly used defenses to theft charges is right of ownership. You can not simply tell the judge that you thought the item belonged to you and hope that this will work in your favor. You will need to provide some sort of evidence that proves it makes sense that you would believe the item you took belonged to you. This can be an invoice, receipt, warranty, owner’s manual, or any other piece of evidence that proves you either own the property or that you believed you owned the property.

August 24, 2018

Restoring Your Life and Reputation Following a Felony Conviction

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

If you are facing a felony charge in Chicago, you are likely worried that your life will be turned upside down, and rightfully so. There is no way to pinpoint what is going to happen if the case goes to trial and you wind up with a conviction and subsequent sentence. The even more unlikely assumption is what will happen to you once you have served your time. How will you assimilate back into society? Will your friends and family accept you with open arms? Here are some tips for restoring your life and reputation following a felony conviction.

Narrow Employment Search

One of the first things you need to do once you are released from prison is begin your search for employment. Depending on the crime you were convicted of, it could very well leave you with a narrow search. For example, if you committed any type of white collar crime, you likely will not be able to get a job in the banking, finance, or securities industries. If you committed a sexual offense, you will not be able to work in the education field.

August 22, 2018

The Different Types of White Collar Crimes

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

White collar crime is most common in the corporate world. It is a group of crimes that are typically committed by business people who have access to insider information, funds, assets, and other items. Those who commit a white collar crime can face years in prison if convicted and if they are not able to reach a deal with the prosecutor assigned to the case. Let us take a look at the different types of white collar crimes.

Securities Fraud

Securities fraud is one of the most common types of white collar crime committed today. This white collar crime occurs almost exclusively in the corporate world. The most common form of securities fraud is that of insider training. Insider trading occurs when a person who has information about the company for which they work and uses it to their financial advantage.

August 17, 2018

How Will a Felony Conviction Change My Life?

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

When you are facing felony charges in Chicago, you will likely be scared about what is to come. Even if you have been charged with a crime in the past, facing a felony charge can be life changing. A felony conviction can lead to years in prison, thousands of dollars in fines, restitution, and many other penalties. Even after you have served your time, you could very well still struggle to return to a normal life. Today, we will take a look at how a felony conviction can change your life.

Post-Conviction

Once your trial is complete and you are found guilty of the felonious crime, you will begin your post-conviction life. This is one of the more difficult parts of life as a convicted felon. This part of your life starts with sentencing. You could very well wind up with the maximum recommended sentence from the judge. Or, you could be sentenced to a handful of years in prison. The judge will take into account statements made by the plaintiff, the victim’s family, and any statement you make.

August 15, 2018

Understanding Plea Bargaining and How it can Help You

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

Plea bargaining is an important part of the legal system. It is one of the most common, if not the most common way cases end. Not every case will end in front of a judge and a jury. A large number of them are dropped or end with a plea deal. So, what is a plea deal? A plea deal is an agreement between the prosecutor on the case and your criminal defense attorney. Let us take a look at plea bargaining and how it can help your situation.

Two Types of Plea Bargaining

There are two types of plea bargaining that attorneys talk about – charge bargaining and sentencing bargaining. Charge bargaining occurs when your attorney negotiates with the prosecutor to reduce the charges or drop some of them in exchange for your guilty plea to a different charge. Sentencing bargaining occurs when your attorney and the prosecutor negotiate a lighter sentence in exchange for you pleading guilty or no content to the charges levied against you.

August 10, 2018

Examining Assault and Battery Cases

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

Assault and battery cases occur on a daily basis in Chicago. If you are ever charged in such a case, it is important for you to know what you face moving forward. For starters, you should never defend yourself in court when it comes to even minor or misdemeanor charges. There is no reason you should mess with your freedom or your rights. Let’ us take a look at assault and battery cases in today’s post so you know what to expect if you ever face these charges.

Definition of Assault

The most common definition of assault is when one person threatens to harm another or incites the fear of harm in another person. It could also include the intent to injure another person. For the most part, contact with the victim is not necessary for someone to be charged with assault. That is why you do not need battery to be present for assault be a charge, while on the other hand battery requires assault for both charges to be issued.

August 8, 2018

Common Defenses to Drug Charges

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

Drug charges are some of the most common criminal charges issued in the Chicago area. Even if you are no stranger to drug charges, you will want to know the different defenses you can use to fight the charges levied against you. It does not take much to fight a drug charge in Chicago, but you should always protect your rights with the help of an experienced criminal defense attorney. Your freedom is something you should never take for granted by nonchalantly accepting whatever charges were filed against you. Let us take a look at the most common defenses to drug charges in today’s post.

Someone Else’s Drugs

One of the most common defenses to a drug charge when caught in possession of drugs is that the drugs belonged to someone else. So many people use this defense as soon as the police officer initiates the contact. They carry this defense with them to their criminal defense attorney’s office and then in front of a judge if the case gets that far. This will require quite a bit of evidence to prove.

August 3, 2018

What Should I Expect at Sentencing?

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

Being charged with a crime brings a lot of stress and worry with it. You never know what will come of your case, especially if it goes to trial. Should the case go to trial and you are convicted of the crime, you will then need to attend a sentencing hearing in front of the judge. This is an important hearing because you are learning your fate. You will find out how long you will be sentenced to jail, if any fines will be levied, and if you can avoid any jail time. Here is what you can expect at a sentencing hearing.

The Length of the Hearing

For the most part, the sentencing hearing will not take very long. This is a process that should only last a handful of minutes. All the judge needs to do is read through the pre-sentence report that was created by the probation office. The judge will then listen to arguments made by the criminal defense attorney, the prosecutor, and sometimes the defendant and/or family members of the victim.

August 1, 2018

Representing Yourself in a Criminal Case is Never a Good Idea

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

Facing criminal charges in Chicago is always a scary situation, even if you have been charged with a crime in the past. Each instance is different because you never know what could come of the charges. One of the most important things you need to know is that representing yourself in a criminal case is never a good idea and you will see why with the reasons explained in this post.

Lack of Law Knowledge

First and foremost, you will not have the depth of knowledge of the law that a criminal defense attorney has. This is one of the most important skills you should have if defending yourself in court. It is likely you have no legal education, which means you will have trouble with legal terminology, court proceedings, how to introduce evidence and what to argue in defense of your rights in order to remain a free person. Your lack of knowledge of the law will not be tolerated in the least bit by the judge.