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Law Offices of David L. Freidberg, P.C.
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Law Offices of David L. Freidberg, P.C.'s posts

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Case: 16 OP 70993 - OP denied
Case Conclusion Date: August 22, 2016
Practice Area: Criminal Defense
Outcome: Order of Protection DENIED

Description: This matter as a domestic violence charge for assault between two roommates. My client allegedly damaged a camera in the apartment as well as supposedly threatened to harm her roommate. The State offered to dismiss the assault charge and just proceed on the criminal damage to property charge, which my client agreed to take a plea. At the last minute, during the plea itself, the State filed a Petition for an Order of Protection against the defendant. We were taken by surprise! Instead of agreeing to an OP, I immediately demanded a hearing on that issue. If a client agrees to an order of protection, it would appear on her criminal background and effect her future employment opportunities. The victim surreptitiously recorded a conversation that my client was having on the telephone with her mother, without my client's knowledge. That recording could have been damaging to my client but I argued that it fell under the eavesdropping statute and could not be admitted as evidence. The judge agreed in part but allowed certain portions to be played in open court. After hearing the recording and the victim's testimony, as well as my client's, the judge ruled that there was no abuse committed by my client and denied the order of protection.


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Case: 16 OP 75305 - OP denied
Case Conclusion Date: August 30, 2016
Practice Area: Criminal Defense
Outcome: Order of Protection DENIED
Description: Neighbor dispute. Long and short of it, there was an incident involving two neighbors’ dogs wherein my client was injured as a result. A few days later, her neighbors, upset that she filed a grievance regarding the dogs with the condo association, claim my client threatened them with mace and prevented them from entering their unit. In reality, my client attempted to speak with them about the incident and to inquire as to why their dogs were still on the property when the condo association ordered them removed. The matter was set for hearing. In my practice, I never recommend that my client agree to an Order of Protection as that would appear on her criminal background. At the hearing, the other parties could not admit any evidence in support of their claims and my client was able to prevail on the merits as the judge did not believe the Petitioners' stories. Emergency Order of Protection vacated and OP denied.


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16 OP 73809 - OP denied
Case Conclusion Date: 08.05.2016
Outcome: Order of Protection DENIED

I can never stress the importance of having an experienced attorney on your side. While my practice is mainly criminal defense, I have been handling more and more Order of Protection cases lately.  In a nutshell, my client's half-sister filed an Order of Protection against her for allegedly texting her with profane messages, as well as making threats against her. The Petitioner, not my client, had copies of texts and emails but because she did not have a lawyer,  she could not lay a foundation to get the evidence admitted into court. She did try crying but the judge would have none of that nonsense.  My client testified truthfully, as well as did her other sister, that she never made any threats against her. In fact, the other sister admitted sending the more damaging of the texts!  The judge summarily denied the Order of Protection and even made a comment that the Petitioner is held to the same standard as an attorney when it comes to admitting documents into evidence.  ALWAYS HAVE A LAWYER ON YOUR SIDE!

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Case: 15 MC4 005872 - Battery
Case Conclusion Date: July 18, 2016
Practice Area: Criminal defense
Outcome: Not Guilty
Description: Nurse client was charged with battery against another nurse, who was pregnant at the time of the altercation. My client was offered court supervision, which is a decent offer as it is not a conviction, and can be expunged, but since she is a nurse, it could affect her licensing.  This was a clear case of self-defense. The “victim” ordered my client to do something, and when my client did not immediately respond, the victim started screaming and pushing her.  When the State called their sole independent witness, who was never listed in the police reports, I was able to completely discredit her testimony.  Additionally,  I called the officer who investigated the incident to impeach her testimony. The officer never interviewed this witness nor had he ever heard of her!  Not guilty at trial.

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15-7151 Intent to Deliver Controlled Substance
Motion to Suppress Evidence - GRANTED

Very similar case to one I had last year. Young client traveling from California to New Hampshire stopped on I-80 for an obstructed license plate. No issues there. While waiting in the Illinois State Police cruiser for his warning ticket, the officer starts asking a lot of questions about his travel plans, etc. Then asks my client if he has any drugs or weapons in his vehicle, to which my client answers "no". For some reason, the officers suspects my client of having drugs in his car and calls for a K-9 to sniff the car. The K-9 takes over 30 minutes to arrive, which under the law, is longer than it would have taken the officer to write my client a warning ticket. An officer, under the Caballes case, may not detain a person for an amount of time longer than it should take to effectuate the purpose for the stop, which in this case was to write a warning ticket. Additionally, there was no reasonable suspicion of criminal activity and my client, when asked, refused to give consent for the officer to search his vehicle. The search revealed an amount of cannabis oil such that if convicted, my client was facing a minimum of 12 years in prison. The judge watched the video of the stop, heard my argument, and granted my motion to suppress the seized drugs. Case DISMISSED!

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Case: 16 OP 70429 - OP Denied
Case Conclusion Date: March 9, 2016
Practice Area: Criminal Defense
Outcome: Order of Protection DENIED
Description: This one was almost fun. Client's ex-husband's current wife filed an order of protection against my client because she allegedly ran her car onto the Petitioner's lawn, yelled at her in front of her house and made threats. I was going to call the Petitioner's children to testify against their own mother, which they were more than willing to do, but the judge found the Petitioner's testimony so incredible and unbelievable that she denied the order of protection before I had the chance!

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On the rise, and all across the nation, patrons of fast-food eateries are waging war against these establishments in the form of criminal activity; actually they are engaging in fast-food fights with the establishments’ workers over errors in food...

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We live in the age of the internet, social media, and video games. People are becoming less social in real time and are becoming more and more addicted to their YouTube, Twitter, Facebook, or Instagram accounts. During social media chats and brawls...

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High profile cases usually get a lot of attention in the media. Sometimes, media attention can advance the cause of justice, and sometimes it can inhibit it. When a case is tried in the court of public opinion, facts are sometimes ignored and emotions…

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  Gang violence is nothing new in this country, from New York City, to Chicago, to Las Vegas and beyond, criminal gangs and gang violence has left its mark on American society. The era of the Italian Mafia is one of the most notorious periods in American…
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