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David Freidberg
Works at Law Offices of David L. Freidberg, P.C.
Attended University of Texas at Austin
Lives in Chicago
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Criminal Defense Attorney
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  • Law Offices of David L. Freidberg, P.C.
    Attorney at Law, present
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312-560-7100
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70 W. Madison, Ste. 1450, Chicago, IL 60602
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An aggressive Chicago criminal defense attorney
Introduction
 Welcome to The Law Offices of David L. Freidberg, P.C. If you have been accused or arrested for criminal activity, we provide the best representation. Our skilled criminal defense team practices aggressive, proactive and highly-creative defense strategies to protect your rights. Why? Because we know there are thousands of innocent people spending time in prison for something they didn't do! The driving force behind this law firm is the most powerful and aggressive criminal defense available. Our results are outstanding. In fact most of our cases never even go to trial: they are dismissed or reduced so that there is NO CRIMINAL RECORD and NO JAIL TIME.

Each criminal case is unique, and only an experienced specialist can anticipate the infinite variables in every criminal case. We provide the type of representation that a criminal defendant needs to successfully protect their rights. The truth is, no matter what the person's intelligence or educational background, the criminal justice system makes it virtually impossible to do a competent job of representing oneself. That’s our job. We have represented over a thousand clients in Cook, Lake, DuPage, Will, McHenry and Kane counties, in addition to Federal Courts in Illinois.

Regardless of who you employ for legal representation, allow us to offer this piece of advice: DO NOT discuss your case or sign a statement without an attorney present (whatever you sign can be used as evidence against you). Also, never enter a plea without first obtaining legal advice, even for minor offenses. The most valuable call you can make is to The Law Offices of David L. Freidberg. Mr. Freidberg and his team will provide a FREE consultation, and they are accessible by phone 24 hours a day, 7 days a week. Without obligation, Mr. Freidberg will provide you with general guidance and straight forward answers to the questions that are probably going through your mind right now. CALL US: 312-560-7100
Education
  • University of Texas at Austin
    1992
  • St. Mary's School of Law
    JD, 1995
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Male
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Law Offices of David L. Freidberg and Associates
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David Freidberg

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Two Chicago residents were arrested recently for allegedly committing retail theft at two different stores at Lincolnwood Town Center. But the value of the stolen goods may leave you wondering why police and prosecutors even bothered pressing charges.…
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David Freidberg

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The 5th Amendment right against self-incrimination is one of the most well-known rights in criminal defense, right up there with the right against unlawful search and seizure and the requirement that police read suspects the Miranda warnings. Yet a…
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David Freidberg

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A criminal defense attorney’s goal is to obtain the best possible outcome for his client. Ideally, this would be a dismissal of all charges prior to trial or, barring that, an acquittal. But in some cases, the best course of action is to enter into a plea…
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An Indian Head Park man was arrested and charged with home invasion after allegedly gaining access to the victim’s home by impersonating a police officer and assaulting the man. Home Invasion: Separate Offense from Residential Burglary While home invasion…
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Attempted Kidnapping Caught on Camera in Washington
by Law Offices of David L. Freidberg, P.C.
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If you watch the news or use social media, you no doubt heard about a pair of Washington state siblings who thwarted a potential kidnapping of their 22-month-old brother. The attempted kidnapping – which was caught on camera and shows the kidnapper running away with the boy in his arms, the siblings running close behind – is every parent’s worst nightmare and reinforces the idea of “stranger danger.” But kidnapping encompasses much more than that.

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Illinois Kidnapping Laws

In Illinois, a person commits the crime of kidnapping if he knowingly:

And secretly confines another against his will;
Carries a person from one place to another, by force or threat of force, with the intent to secretly confine her against her will, or;
Tricks or entices a person to accompany him to another location with the intent to secretly confine the person against his will.
I will discuss each crime separately, to provide a better understanding of the types of actions that can constitute kidnapping under Illinois laws.

Secretly confine against one’s will

This form of kidnapping does not require that the victim be moved to another location or even be snatched off the street. The victim must only be confined against her will. The confinement can occur in any public or private place – even the victim’s own home. The location itself, or how the victim got there, is irrelevant to whether the crime was committed. The victim must have only had a reasonable belief that she was unable to leave.

Carry a person from one place to another

This is the most commonly thought of kidnapping scenario, the unknown assailant attacking a person on the street, or removing a child from his home in the middle of the night, and moving him to a secret location to be held for ransom. The movement does not need to be very far to fall into this category of kidnapping. A victim can be pushed into the kidnapper’s car and driven a block away to an abandoned building, and it would constitute a kidnapping.

Using tricks or enticement to move a person

Again, the typical scenario that comes to mind is the stranger in the car who tells the child, “Come with me and I’ll show you my puppy.” In this form of kidnapping, the victim willingly goes with the kidnapper, but under false pretenses.

The ‘knowingly’ requirement

Kidnapping is a specific intent crime, which means that the kidnapper must have known he was holding the victim against her will. If the kidnapper had a reasonable belief that the victim consented to being held, or consented to accompany him to a third location, then he failed to commit an essential element of the crime and cannot be convicted.


Chicago Kidnapping Attorney

Kidnapping is a serious charge that carries the potential for a lengthy prison sentence. Chicago kidnapping attorney David L. Freidberg has close to 20 years’ experience handling kidnapping cases. He will thoroughly examine the evidence to find weaknesses in the prosecution’s case and will fight to get the charges against you dismissed or reduced or, if that is not possible, will mount an aggressive defense in court to obtain an outright acquittal. Contact the Chicago, Skokie or DuPage County office at 312-560-7100, or complete our online form, to schedule a free initial consultation. Somebody is available 24/7 to speak with you.
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A Wheaton man was arrested in late January and charged with four counts of possession of child pornography. A forensic examination of the defendant’s home computer, which was seized following the issuance of a search warrant, uncovered evidence of child pornography that had been downloaded to, and distributed from, the computer.

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Defense of DuPage County Possession of Child Pornography

In Illinois, a defendant is guilty of possession of child pornography if he knowingly possesses any visual depiction of a child engaged in a sexual act. Possession of child pornography is a specific intent crime. If the defendant did not intend to have the pornography in his possession – if it was obtained without his knowledge – then he cannot be found guilty, as “knowingly” is a specific element of the crime.

In defending against a possession of child pornography case, it is extremely important to examine all of the facts to determine if any of the evidence raises the possibility that the defendant did not knowingly possess the photographs or other visual depictions. A forensic examination of the defendant’s computer by computer expert, independent of the police and prosecutor’s examination(s), would need to be conducted to help answer the following questions. A “yes” answer for any of them would raise reasonable doubt as to whether the defendant knowingly came into possession of child pornography:

Did a third-party have access to the defendant’s computer?
Were the pornographic images purposely downloaded, or were they unknowingly installed as part of an adware or malware attack?
Were the images installed via an e-mail attachment that was opened?
Were the images downloaded after clicking on a link in an e-mail?
Were the images obtained from a site that a reasonable person would have known had child pornography?
The police investigation also found that the images on the defendant’s computer were distributed. A person is guilty of distribution if he knowingly distributes, or offers to distribute, any visual depiction of a child engaged in any sexual act. Again, the defendant must have had knowledge that he was distributing pornographic images. It could not have been done on accident or through no fault of his own.

A complete examination of the defendant’s computer by an independent computer expert would need to be done to help answer the following questions:

Did anybody have access to the defendant’s computer at the time the photos were distributed?
Does anybody else know the defendant’s login and password for his computer and/or e-mail account?
Was the defendant’s e-mail system hacked?
Did the defendant’s computer contain any spam, malware, adware, or other virus laden program that sent the e-mails without his knowledge?
If the answer to any of these questions is yes, it would raise reasonable doubt that the defendant had the requisite knowledge to satisfy that specific element of the crime. The Law Offices of David L. Freidberg, P.C., has access to a team of independent computer experts who will thoroughly examine the defendant’s computer, as well as review the police and prosecution experts’ report, to determine if any evidence supports the theory that the defendant had no knowledge that the pornographic images were downloaded to, or distributed by, his computer.


Chicago Possession of Child Pornography Attorney

Conviction of any child pornography carries with it the potential for serious prison time, in addition to the negative social stigma that lasts long after any prison sentence has been served. It is important that you have an attorney with you every step of the way. That’s why if you are arrested for any sex crime, you should contact Chicago child pornography attorney David L. Freidberg without delay. With close to 20 years’ experience handling all Chicago sex crimes and child pornography cases, David L. Freidberg has the knowledge you need to fight these serious charges. Serving clients in Skokie, DuPage County and the greater Chicago area, someone is available 24/7 to take your call. Contact us toll-free today at 312-560-7100, or complete our convenient web form, to schedule a consultation.
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In his circles
4,735 people
Have him in circles
1,788 people
Bob Friedenthal's profile photo
Steven North PC's profile photo
Kolsby Gordon's profile photo
Allyson Hoffman's profile photo
Tanisha Trivedi's profile photo
NooksList's profile photo
Phoenix DUI Lawyer's profile photo
Brent Gunderson's profile photo
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David Freidberg

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You have no doubt heard the story of a Kentucky woman who answered a knock at her door only to be assaulted by a stranger who began strangling her with a bra. The woman fended off the attacker after knocking her on the head with a ceramic chicken. The…
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David Freidberg

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Legislation introduced by Illinois State Senator Michael Hastings (D-Tinley Park) would extend the statute of limitations for armed robbery, home invasion, kidnapping or aggravated kidnapping if these crimes were committed during the course of a sex…
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David Freidberg

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Criminal defense trials, whether fictionalized accounts on television or in the movies or the real life versions, usually end in one of three ways – a guilty verdict, a non-guilty verdict or a mistrial. The first two are self-explanatory. But what exactly…
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Case Conclusion Date:April 6, 2015
Practice Area:Criminal Defense
Outcome:Not Guilty
Description:While working at a massage parlor, my client was accused of prostitution by an undercover officer with the Chicago Police Department. She was offered the State's Attorney's deferred prosecution program which would have resulted in a dismissal upon completion. My client was adamant she did nothing wrong and the officer was lying. The case went to trial today and after the officer's testimony, my client testified as to her version of the facts and she was found not guilty!
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Illinois Supreme Court Orders New Trial Due to Ineffective Counsel
by Law Offices of David L. Freidberg, P.C.
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A Cook County man’s conviction for first-degree murder was overturned, and a new hearing ordered, after the Illinois Supreme Court ruled that his defense attorney provided ineffective counsel for failure to object to testimony regarding the defendant’s confession.

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Ineffective Assistance of Counsel

Watch any crime procedural on television or in the movies and you’ll no doubt witness repeated cries of, “Your honor, I object!” from attorneys on both sides. While they add dramatic flair to the movies, objections serve an extremely important part of criminal trials. Just like in a basketball game, where the referees call fouls when players violate the rules, objections serve as the attorney’s way of ensuring that the rules of criminal procedure are followed.

In basketball, if the ref fails to call a foul, there’s a lot of grumbling by players, coaches and fans, and maybe the team loses the game over a couple of lousy calls. But in a criminal trial, the defense attorney’s failure to object can result in conviction and imprisonment.

This is what happened to the defendant in People v. Simpson. The defendant was convicted of first-degree murder in the beating death of a man. The conviction was based in large part on videotaped statements of a third party, who told police that he was near the murder scene and that the defendant confessed to committing the crime. At trial, the witness said he remembered talking to the police about the defendant’s statements, but he could not remember what he told them. In fact, when the prosecution would ask him to confirm specific statements he made to the police, the witness could not confirm that he had made them.

Statements made by a witness out of court, which are inconsistent with his current testimony and which were not subject to cross-examination when made, are generally inadmissible at trial as hearsay. That is because attorneys on both sides have the right to cross-examine a witness, and a statement made out of court is not subject to cross-examination. But prior inconsistent statements are admissible if:

The statement is inconsistent with testimony at trial;
The witness is subject to cross-examination, and;
The statement describes an event the witness had personal knowledge about.
In this case, the witness’s statements did not describe an event he had personal knowledge of, and the Illinois Supreme Court made clear that the “personal knowledge” requirement refers to the crime itself, and not personal knowledge of the defendant’s statements, which is what the prosecution argued.

Yet despite the fact that the witness’s testimony was clearly inadmissible under the prior inconsistent statement rule, the defendant’s attorney failed to object. It is the duty of the defense attorney to object to the admission of evidence – the judge makes no objections, he simply rules on them. Failure to object means the evidence is admitted. In this case, the witness’s testimony was instrumental in the defendant’s conviction.

The defendant appealed his conviction, arguing ineffective assistance of counsel. In order to prove this, the defendant must prove on appeal that the attorney’s representation “fell below an objective standard of reasonableness and there is a reasonable probability that, but for counsel’s errors, the result of the proceeding would have been different.”

In overturning the defendant’s conviction, the court noted that it could determine no strategic reason for the defense attorney to have wanted the statements admitted. The court also noted that while other testimony tended to show the defendant’s guilt, the testimony in question was a supposed confession, which generally carries more weight with jurors than other testimony (particularly in this case, where one of the prosecution witnesses had failed to identify the defendant at trial). Without its admission, the court stated that there was a reasonable probability that the jury would have acquitted the defendant. As a result, the conviction was overturned and defendant was granted a new trial.


Effective Chicago Criminal Defense Attorney

A criminal case is often won or lost on the effectiveness of the criminal defense attorney. With close to 20 years’ experience as a Chicago criminal defense attorney, David L. Friedberg uses his wealth of knowledge to aggressively fight all charges and ensure that every client receives a fair trial. Contact our Chicago, Skokie or DuPage County office 24/7 to speak with a representative and schedule your free initial consultation. Our number is 312-560-7100, or you can complete our convenient web form.
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2015 Changes to Illinois Criminal Laws
by Law Offices of David L. Freidberg, P.C.
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A number of changes and additions to Illinois’ criminal laws took effect on January 1. Some of the changes are procedural, while others modify or add crimes to the books. Here are some of the changes that will impact criminal defense work in Chicago.

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“Skype” Search Warrants: Judges will now be allowed to authorize search warrants based on sworn testimony provided over electronic methods, such as Skype or FaceTime, that utilize both an audio and video component. The judge must be able to see and hear the officer or attorney requesting the search warrant in order to sign off on it. Defense attorneys will keep a close eye on how this new law works to determine if putting it into action violates a criminal defendant’s right against unreasonable search and seizure. The court is authorized under this new law to establish best practices and procedures, so there may be the opportunity for defense attorney concerns to be considered and made part of the process.

One possible upside for the issuance of these types of warrants is the potential for these proceedings to be recorded. This would be another tool for defense attorney’s to use at trial or on appeal to show that law enforcement exaggerated the evidence used to justify issuance of the warrant or the need for one to be issued in an emergency. Defense attorneys routinely review the information included in the warrant and the officer’s accompanying notes in support, but being able to see and hear the testimony given to the judge, and not just what was written in the warrant, could be extremely helpful.

Grooming: The current grooming law, which prohibits the use of the Internet to seduce or entice a child to commit a sex offense, has been expanded. Under the new law, a charge of grooming also includes the distribution of photographs depicting the child’s sex organs.

Controlled Substances: The drugs “25I-NBOMe,” “25B-NBOMe” and “25C-NBOMe”, which are marketed as an LSD substitute, are now included on the list of Schedule I controlled substances. The changes came after the drug was linked to at least 19 deaths across the country over a 16-month period.

Expungement and Sealing of Records: This law allows a person to petition the court and request that his criminal conviction for misdemeanor assault, aggravated assault, battery, or reckless conduct be sealed as soon as four years after the termination of the defendant’s sentence. The defendant must not have committed any crime since his sentence was completed.

Electronic monitoring. Under this new law, judges are permitted to order, as a condition of bail, a risk assessment evaluation and electronic monitoring through GPS for defendants charged with certain violent crimes, regardless of whether an order of protection has been issued against him.

Photo lineup procedures: The law makes extensive changes to how police conduct photographic lineups, which should hopefully minimize law enforcement bias in the process and help cut down on eyewitness misidentification.


Chicago Criminal Defense Attorney

If you have been arrested or charged with a felony or misdemeanor in Chicago or the surrounding suburbs, you need Chicago criminal defense attorney David L. Freidberg. With close to 20 years’ experience in criminal defense work, David L. Freidberg remains current on all changes to Illinois criminal law so he can provide his clients with the best defense. Mr. Freidberg will aggressively fight all charges against you, seeking to have your charges reduced or dismissed, or obtain an outright acquittal at trial. Contact our Chicago, Skokie or DuPage county office today at 312-560-7100, or complete our convenient web form, to schedule your free initial consultation. Someone is available to assist you 24/7.
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I've know Howard now for around 15 years or so. I only have positive things to say about him and his business. I've not only bought Rolexes from Howard but sold a few as well. As for pricing, he's as fair, if not more so, than anyone, dealer or otherwise, I've ever dealt with. And knowing Howard is to become his friend. He treats everyone like family. When I see him out in public, he treats me like his best friend. And if there's ever a problem with a watch, which sometimes there is, like any product, he takes care of it immediately, no questions asked. So, if you're looking for a high end watch, and don't want to pay dealer prices, go to Howard. You can even tell him I sent you.
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Public - a year ago
reviewed a year ago
Always love this place. We generally do take out to be honest and everything is always good. But I'm mad, no more fried mushrooms! Come on Bunnie! I miss those. Great petit filets though and good fried chicken.
Public - a year ago
reviewed a year ago
3 reviews
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Not sure what this other reviewer is talking about. Maybe they went somewhere else and forgot. I've been coming here since they opened and have nothing but great things to say. They clean the hell out of my car, interior is spotless and they even wash my rubber mats! AND they're cheaper than Crossroads which is a machine wash, not hand. These guys are the hardest workers I've ever seen. Kudos to Splash!
Public - a year ago
reviewed a year ago