Chicago Criminal Lawyer Blog

December 27, 2017

Bond Appealing in Chicago

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

Often, defendants ask the court to accept a suspension of payment. They need an appealing bond that should be in Illinois. The court requires the appeal bond to be posted way before the filing of the appeal. That is the case if one needs to have the ability of not paying for the judgment right away.

An appeal bond in the state of Illinois must be offered. This is in addition to it being within the timely notice stipulated in the appeal providence. It is a requirement for a monetary judgment stay of enforcement. This mechanism is clearly illustrated under Rule 305(A) in the Illinois rules civil procedure. It is a must for the bind to be filled within the duration of the filing of the notice of the appeal. If it is not, then within the extended time duration granted under the paragraph (C) of section 205, it must be followed by a notice being offered to the appeal from a judgment debtor. The notice has to be timely.

The writing of the appeal bond in Illinois must be inclusive of the amount. The amount must be calculated to be ample enough to cover all the relevant costs including for judges and court fees and interests. They also include the reasonably anticipated interest that can accrue while the appeal is pending unless the court makes a decision that the bond within the sum average of the judgment, added to the cost and the anticipated interest, is not within reasons procurable to a judgment debtor. In this case, the court can approve an appeal bond within the paramount amount that is understandably available to the concerned judgment debtor.

December 22, 2017

The Insanity Defense in Illinois

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

The insanity defense is one of the oldest defenses in the book. Recently, it was used by Elzbieta Plackowska. She was accused of stabbing her son (5) and daughter (7) to death in 2012. The court rejected her defense. It found her guilty and sentenced her to life without parole. The legislation on this has specific requirements.

A mother killing her own young children is an unusual crime. But, that does not automatically mean it can only occur because someone is insane. Illinois has strict requirements for accepting this kind of defense. They include a mental assessment by a competent person with the right qualifications and experience.

Key Thing to Consider for Review in the Insanity Defense

December 20, 2017

What Happens if You are Not Read Your Miranda Rights?

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

If you are a fan of TV crime drama, you have probably come across this phrase: “You have the right to remain silent. Anything you say can and will be used against you. You have the right to an attorney. If you cannot afford one, an attorney will be appointed for you.” These are a part of the Miranda Rights that the police are supposed to read out for you in the event of an arrest.

What Exactly are Miranda Rights?

The rights come from the Fifth Amendment right to be free from self-incrimination and the Sixth Amendment right to counsel. The name “Miranda” is derived from a case that was held in the Supreme Court known as Miranda V. Arizona. The Miranda Rights include the following:

December 15, 2017

Racketeering Laws in Chicago

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

Various crimes happen every day in Chicago, Illinois. Citizens caught violating the law, will, of course, be charged. Depending on the crime and circumstances, some may face minor charges, while others will face more serious charges. One of the crimes that takes years to clear in Chicago is racketeering.

What is Racketeering?

Racketeering is organized crime in which illegal business takes place. Rackets may refer to illegal businesses or dishonest services offered to steal and collect funds. This form of crime runs various groups assigned in different places to maintain profits for the business. This group of criminals may even use fake products and documents. They know how to get your trust and sympathy. They can even look like an innocent individuals. They are often heard about through community news reports.

December 13, 2017

Retail Theft in Chicago: Can You Clear Your Record?

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

Retail theft in Chicago, Illinois is a serious topic. It should not be taken lightly because it can lead to severe penalties. However, with the help of a qualified retail theft lawyer, you can take a step forward to lessen or most likely even drop the charges against you.

What is Retail Theft?

Retail theft refers to the stealing of merchandise from a shop. Additionally, retail theft also includes the removing, altering, or changing of a price tag, label, or other such actions aimed toward robbing the retail value of the store’s property or merchandise. Under Illinois law, a retail theft is a felony or misdemeanor as per the criminal background of the defendant and the value of the items stolen. The retail theft can be expunged if some conditions are fulfilled.

December 8, 2017

Juvenile Interrogations in Chicago

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

In Chicago, the government has pushed legal help for juveniles involved in murder cases. This means that whenever the police interrogate juveniles, a lawyer should be present. This includes the juveniles who are younger than 15 years of age and are involved in sex or murder offenses. Illinois lawmakers believe that this will diminish the cases of false confessions. This law was proposed only last year. Before, the state only necessitated legal representation for kids younger than 13 years of age in the cases of murder or sex. This was applicable even when the juveniles were not the criminal investigation targets.

Governor Rauner propagated justice for children when he signed SB2370 on August 22, 2016. Public Act 99-0882 came into effect on January 1, 2017. The new bill was sponsored by two Democratic legislators. They said that juveniles aged 14 and 15 years old should certainly get legal protection. The bill included the following stipulations.

Videotaping is required by police officials in all the questioning sessions of youth under 18 years of age for any felony, sexual offense, or misdemeanor cases. The court will not permit the confession if it is not recorded on videotape.

December 6, 2017

An Overview of the Early Release Program in Illinois

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

Recently, it has been announced that there is a bill that will allow convicts in Illinois to be released at the 85% point of their sentence. The IDOC Releases 2017 has been long discussed by Congress and in legal circles. Some people will have less time in prison as a result of this change. Others might find that there are much stricter rules for getting released. The change follows a recommendation by the Commission on Criminal Sentencing. The new program is meant to reduce offending over the long term.

Just like any other laws, the people who are already in prison might be affected. Those who are going to commit crimes in the future will definitely be affected. These changes work together with all the other reforms that the government has been putting in place. An example is the gun law reviews, which affected those that are repeat offenders for gun crimes.

Things to Watch Out for if You are Convicted

December 1, 2017

Voting While Incarcerated

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

Many people in Chicago, Illinois want to know if they can vote in the state if they are already imprisoned or held for a felony conviction. This query is generally made during election time. A lot of people are not cognizant of the laws when it comes to voting from jail.

In the United States, the voting rules for incarcerated individuals differ from one state to the other, which adds to the confusion. This is why it is imperative that people educate themselves about the rules. There are specific rules regarding voting after a felony conviction in Illinois.

What is the Law in Illinois?

November 29, 2017

Carjacking in Chicago: a Rising Trend

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

The carjacking was one of the trendiest criminal activities in the 1990s. But, recent Chicago City data shows that after many years of steady decline, the crime of taking other people’s vehicles by force is soaring back into favor. The data revealed that through August, vehicle hijacking crimes increased by 30%. This is equivalent to 183% compared to 2015 crime rate.

The Loop experienced a 1200% increase in vehicle hijacking crimes as compared to 2015. River North’s vehicle hijacking rate went up by 500%. The popular 19th Police District includes Uptown, Lakeview, the north end of Lincoln Park and North Center. It experienced a 200% increase in vehicle hijacking crimes as compared to two years ago.

According to the Chicago Tribune, carjacking began to spike in 2016 when shootings and homicides skyrocketed. Crime in virtually every category rose. While the cause of this sudden spike was unclear, some security officers felt the furor over the viral video clip revealing police shooting a teen Laquan McDonald 16 times fueled the activity. This resulted in most security officers becoming less aggressive on the streets. This, in turn, emboldened criminals.

November 24, 2017

The Rise of Non-Index Crimes in Chicago

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

Serious crimes like murder make the news headlines. However, crimes like assault and theft are far more common in Chicago, Illinois. In fact, your chances becoming a victim of these non-index crimes might be higher than the police and the security department are telling you.

Reports of “non-index” crime on the Chicago Transit Authority (CTA) are on the rise. They seem to surpass the rate of such reports for the last two years. Some of these non-index crimes are cases involving criminal sexual abuse. They include sexual harassment without any physical contact and inappropriate touching.

Since early 2015, there has been reported 145 cases of criminal sexual abuse on the CTA. Surprisingly, in 2015, only 44 cases of criminal sexual abuse were reported. This data was released by the Chicago Sun-Times after analysis of the Chicago Police Department’s data on non-index crimes. Note the non-index crimes are ones perceived as less than the index crimes such as rape, robbery, and murder.