Chicago Criminal Lawyer Blog

January 4, 2019

New Law on Texting and Driving Now in Effect in Illinois

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

The Chicago Tribune recently published a report on the new Illinois laws that went into effect starting January 1, 2019. In all, more than 250 pieces of legislation are now on the books, ranging from gun control to sexual harassment to synthetic marijuana. One particular law will affect anyone with a driver’s license and a smartphone: There are now stricter penalties for anyone caught texting while driving, though many of the same prohibitions remain the same. An Illinois criminal defense attorney can explain how the new sanctions may affect your rights if you are cited for texting while driving, but an overview of the law may help you avoid a ticket.

Illinois Current Prohibition on Cell Phone Use While Driving

Before getting to how the new law changes the penalties for texting while driving, it is important to understand what types of conduct are unlawful. Currently, any driver under the age of 18 years is barred from any cell phone use while behind the wheel. Drivers 19 and older can use a phone while driving, but only via voice-activated and hands-free functions.

January 2, 2019

Harsher Penalties for Wrong-Way DUI Crashes in 2019

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

Though more than 250 laws went into effect on January 1, 2019, one in particular will affect all Illinois drivers. The Secretary of State’s Office announced in its “Illinois DUI Fact Book 2019” that driving the wrong way on any roadway is now an aggravated factor in sentencing for a DUI conviction.

The new law may have been inspired by multiple wrong way DUI crashes along Chicago area roads in recent years, including on I-57, Lake Shore Drive, I-80, and even in the Loop. One in September 2018 was especially disturbing: A woman was over three times the legal limit of .08% blood alcohol when she caused an accident by driving west in the eastbound lanes of I-90. Three people were killed and three children were critically injured. All were from the same family. The drunk driver also died from her injuries.

If you are charged with DUI while driving the wrong way of traffic, it is essential to retain an experienced Illinois DUI defense lawyer to represent you. An overview of the law and its harsh penalties may also be helpful.

December 28, 2018

What is a Sex Offender Registry?

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

If you have been arrested after being charged with a sex crime, your life may never be the same. In society, the opinion of sex crimes, particularly those committed against children, is very strong and very negative. Law enforcement has a similar attitude when in pursuit of or apprehending someone accused of a sex crime. The majority of sex crime convictions result in the mandatory registration as a sex offender. Needless to say, the impact of that is serious and permanent.

An aggressive defense is needed if you hope to protect any semblance of your freedom, future, or reputation after being charged with a sex crime. A sex crime defense lawyer in Chicago will be able to help you construct a sound defense, which may include:

Demonstrating you were wrongfully accused: Is the accused making false allegations? Did they lie to protect their own reputation? Are you and the accused involved in a child custody case or going through a divorce?

December 26, 2018

Defending Against Drug Possession and Distribution Charges

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

Though the number of drug arrests in Chicago is down, drug crimes in Chicago are still a serious problem. The fight against drug possession charges is a difficult one if police find enough evidence to support their claim. But an additional charge of intent to distribute is typically attached when the individual charged has a sizable amount of a single drug or multiple drugs. The amount is what warrants the impression that the drugs are meant to be sold.

With the addition of intent to distribute, the initial charge is amplified with more severe penalties that are life changing. With the right legal representation, it is possible to defend yourself against the charges.

If charges of drug possession and intent to distribute are leveled against you, it is essential you hire legal counsel immediately. Whether you are facing drug charges that involve marijuana, prescription drugs or cocaine, a drug crime defense lawyer in Chicago will work with you to achieve the best outcome for your situation by pursuing possible defenses such as:

December 21, 2018

How to Defend Yourself Against Entrapment

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

A Chicago woman was arrested at a Plainfield massage parlor, where she was an employee, for offering to perform sex acts on undercover police officers for money.

47-year-old Yinyan Gao was employed by Plainfield Massage. The Will County Cooperative Police Assistance Team investigated the business after being informed of several customer complaints stating Gao allegedly propositioned them inappropriately when the customers came in for massages.

Numerous undercover police officers visited the business to receive a massage from Gao. During the sessions, Gao allegedly propositioned the officers and gave them the impression she would perform sex acts for money.

December 19, 2018

The Different Forms of Criminal Homicide

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

A Chicago resident was charged with killing his mother on Christmas Eve.

A representative from the Chicago Police Department stated 25-year-old Robert Wallace allegedly left the body 67-year-old Betty Wallace in a garbage can a short distance from her home on the far south side of the city.

Employees of Streets and Sanitation found the mother’s body on December 24th when removing trash in Morgan Park at the 108000 block of South Prospect Avenue. According to police, she had sustained blunt trauma injuries to the head and her legs showed signs of stab wounds.

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.