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David Freidberg
2,164 followers -
An aggressive Chicago criminal defense attorney
An aggressive Chicago criminal defense attorney

2,164 followers
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Case: 16-210301 Battery Charge
Case Conclusion Date: January 31, 2017
Practice Area: Criminal Defense
Outcome: Not Guilty

Description: Young man walks into a bar with a friend and walks out with a new one...at least that's how it started out. He met a girl at a bar, they had drinks, went to another bar for a few more and she invited him back to her place for a bottle of wine. Things get sketchy from there. They get into some type of innocuous argument and she asks him to leave. While he's leaving, he's still trying to talk to her but she starts pushing him out of her apartment. After she opens the door, she follows him into the hall and pushes him down a stairwell. As my client gets up he sees her at the top of the stairs still in a fighting stance. He grabs her and pushes her to the ground to prevent her from pushing him again, and that's when her neighbor, hearing the fight, runs up and grabs him and calls the police. Client was arrested for battery. Not wanting to admit guilty for something he didn't do, my client went to trial today. Judge heard all of the evidence and testimony from the victim and witness. Somehow the witness, two months AFTER the incident, went to the police station to add information that my client was unbuckling his belt as he was on top of the victim. Clearly the witness was trying to add fuel to the first. The judge completely discounted the witness’s testimony and found my client NOT GUILTY.


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Case: 16121027501 Concealed Carry/Airport
Case Conclusion Date: December 5, 2016
Outcome: Not Guilty at Trial

Description: I was retained by someone who was charged with carrying a loaded handgun into the airport, which was discovered during routine security screening. It seems obvious that someone is not permitted to carry a weapon into an airport, or any other government building, and it is safe to say my client was aware of this. And my client was in possession of a valid concealed carry license, but again, even with the license, carrying a weapon into an airport is still a crime. The issue was that he did not realize he had left his gun in his bag when he packed for a business trip. The State's Attorney offered my client court supervision, which is not a conviction and could be expunged from his record two years after the supervision period ends. I recommended we set the matter for trial as there was no possible way the State could prove he had knowledge that the gun was in his bag. Turns out I was correct, the Court found that not only was the State’s Attorney unable prove knowledge, they couldn't even prove it was my client's bag as they called the wrong witness to testify at the trial. The State called the Chicago Police Officer that arrived on the scene after the bag was taken from my client. The State should have called the TSA Agent that discovered the weapon. And as a bonus, I was able to have the Court order that my client's weapon be returned to him.



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Case: 05 C6 66021401 UUW Vacated
Case Conclusion Date: December 9, 2016
Outcome: Conviction for Aggravated UUW Vacated

Description: Quite often, people convicted of a weapons charge do not realize that it might be possible to erase that conviction. A gentleman contacted me about a different issue, and when I asked about his prior criminal history, he informed me that he had a previous conviction for Aggravated Unlawful Use of Weapon, which is a felony, and cannot be expunged from you record. This conviction was preventing him from obtaining more promising employment among other issues. Since his case was prior to 2013, and the Court in People v. Aguilar found that the statute under which he was convicted was unconstitutional, I informed him that I could most likely have that conviction vacated. Well, exactly that outcome occurred today! My client is no longer a convicted felon and is free to pursue whatever opportunities come his way.


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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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According to the Chicago Tribune, a Pittsburgh Pirates infielder who was in town to play the Chicago Cubs on June 17 has been accused of sexually assaulting a 23-year-old woman in Chicago. The sexual assault allegation is currently being investigated by…

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  The Chicago Tribune reports that a 22-year-old schizophrenic man was recently charged with murdering his cousin in Cook County. Supposedly the defendant was standing on the street with his cousin and a few other people when the group started making fun…

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At first blush, the idea of predictive policing sounds a lot like something out of the movie Minority Report. In order to target their policing efforts, the Chicago Police Department uses a high-tech database of persons, which it refers to as the…
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