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Questions Answered by David L. Freidberg
1 Answer | Asked in Criminal Law for Illinois on
Q: 19 old daughter arrested for battery and misconduct. But she didn't physically touch the person. What will happen in crt

She has never been arrested we live in Lansing IL.

David L. Freidberg
David L. Freidberg answered on Jun 19, 2014

If the complaining witness (victim) appears in court, then your attorney can ask for an offer from the State's Attorney so as to avoid a trial. That offer can range from court supervision to probation to jail time for up to 364 days. If you opt not to plea guilty, then the matter will be set for... Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: if I was ticketed for possession of less than 1g cannabis and a pipe and asked to appear in court ,would i need a lawyer

I had taken away the items from couple of early teens i know , from a park I frequently walk my dog at, put it in my bag and had forgotten about it till i went to federal building and my bag scanned at security check.

David L. Freidberg
David L. Freidberg answered on Jun 19, 2014

Absolutely. Even though this is a small amount of cannabis, you still face jail time upon conviction. You need an attorney to attempt to get the charge dismissed against you and avoid a conviction on your record.

1 Answer | Asked in Criminal Law for Illinois on
Q: Does a domestic battery warrant follow you out of state?

Im from il living in a surrounding state

David L. Freidberg
David L. Freidberg answered on Jun 19, 2014

Any warrant will follow you out of state.

1 Answer | Asked in Criminal Law for Illinois on
Q: If you are charged 7500 for shooting a person but you are not guilty can a lawyer lower your bond or what happens next?

Your not guilty but a person said they saw you

David L. Freidberg
David L. Freidberg answered on Jun 19, 2014

Your attorney can always file a motion for reduction of bail bond. It all depends on what your prior criminal record shows. You should also be aware that whenever you request a reduction of bail bond, the judge can always increase the bond amount if he/she deems it appropriate.

1 Answer | Asked in Criminal Law for Illinois on
Q: If I refuse to talk to the prosecutor or the judge, how long can they hold me if I answer no questions at all?
David L. Freidberg
David L. Freidberg answered on Jun 19, 2014

You are under no obligation to speak with the prosecutor. In fact, you should not be having any conversations with a prosecutor, ever. That is the job of your attorney. If you are in custody, you can be held until the completion of your case. If you are talking about an investigation only, you... Read more »

2 Answers | Asked in Criminal Law for Alabama on
Q: I have pled guilty to a split sentence. I just got 2 poss. of paraphernalia. Will I go back to prison? What are my odds?

There are circumstances that are unusual. I am doing very well since I've been home, and am, well was about to contact DHR, and get my son back to my custody, out of my mother's. She called the police on me. She vowed I'd never have custody of my child, and this is not the first time she has had me... Read more »

David L. Freidberg
David L. Freidberg answered on Jun 19, 2014

Not necessarily. Depending on what your sentence was, the judge could recommit you to probation. Additionally, if this is a misdemeanor, which it should be, it may or may not even violate your probation. Your attorney needs to coordinate this case with the State's Attorney or probation... Read more »

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2 Answers | Asked in Criminal Law for Illinois on
Q: When An jail inmate has a bond set.By law do they have to let him out when someone comes up there cash in hand to bail?

My friends states attorney told him that he has a bond and if someone bonded him out he would go on probation, then so my friends uncle comes up there to bail him out and the states attorney says no and they want him in prison. That doesnt make sense. the judge set his bond to 2500 and my friends... Read more »

David L. Freidberg
David L. Freidberg answered on Apr 30, 2014

The only other issue could be that IF this is a drug case, the State's Attorney could have asked for a Source of Bail Bond. That means that even if a bond has been set, he cannot be released until the posting party proves where the funds are coming from to post that bond. This is done to ensure... Read more »

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2 Answers | Asked in Criminal Law for Illinois on
Q: Shouldn't all concurrent charges run together?

Charges in 3 counties, all concurrent. 2 counties have proper custody dates, 3rd county is off by 86 days. But was continuously in custody for entire time.

David L. Freidberg
David L. Freidberg answered on Apr 30, 2014

Yes unless the charge is Aggravated Criminal Sexual Assault, then they run consecutive.

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2 Answers | Asked in Criminal Law for Illinois on
Q: How do go about obtaining a "Final Disposition".
David L. Freidberg
David L. Freidberg answered on Apr 30, 2014

What you may be looking for is a certified disposition, which is important regarding immigration issues. The purpose of this is to show immigration, or a potential employer, that your case was dismissed or what the final resolution was. You should be able to go to any clerk's office to obtain... Read more »

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