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civil forfeiture, DuPage County criminal defense attorney, methamphetamine, conspiracy liability, criminal enterpriseA man who worked at his brother's hardware store was convicted of using an iodine-based product sold at the shop to make methamphetamine. The Supreme Court of the United States held that he would not be required to forfeit profits that he never earned. The Supreme Court held that a person cannot be held jointly and severally liable for property gained by another conspirator for civil forfeiture.

At trial, the court ruled for Terry Honeycutt, the man who worked at his brother's store and managed sales and inventory. The federal government was requesting that the man pay $270,000, which the government alleged was the hardware store’s profits from the product used to manufacture methamphetamine. Honeycutt, however, was a salaried worker and had no financial interest in the company.

Authorities argued that the bedrock principle of conspiracy liability applied. The policy the government was relying on mandates that conspirators are legally liable for each other's actions inside the conspiracy. The United States Supreme Court disagreed with the government's argument stating that their position did not account for the plain text of the forfeiture law.

Civil Forfeiture

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weapons charge, Illinois gun laws, DuPage County weapons charge defense attorneys, gun possessionOwning a firearm is a constitutionally protected right. However, each state has unique gun laws that can be challenging and complicated. Consulting a DuPage County criminal defense attorney can help you understand what your rights are to defend a weapons charge.

Illinois has several requirements that one is bound by to legally own a firearm. Illinois requires people without concealed handgun permits to get a firearm owner’s identification card (FOID) in order to legally purchase a gun or ammunition. The process will require you to submit to a background check. You will have to wait 24 hours from the time you buy a long gun to take possession of the firearm, and 72 hours for a handgun.

Safety Standards

Illinois law prohibits a federally licensed firearms dealer from manufacturing, selling, or delivering a firearm to an unlicensed buyer. It is also illegal to sell a handgun with a barrel, slide, frame, or receiver manufactured with a non homogeneous metal that melts at a temperature less than 800 degrees Fahrenheit.

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DuPage County criminal defense attorneys, plotting to kidnap, criminal conspiracy, aggravated kidnapping, conspiracy chargesIt took a jury less than two hours to convict a man who was charged with plotting to have a state’s attorney kidnapped. The defendant was charged with felonies including:

The Plot Thickens

The defendant was accused of attempting to pay $1,000 to kidnap a late assistant state’s attorney. However, it does not appear that the defendant acted at random. He was being charged with the murder of his wife.

The investigation into the kidnapping charges began when the defendant conspired with an undercover detective and a jailhouse informant to facilitate the kidnapping of the state's attorney. The defendant wanted his murder charges to go away or be dismissed and was prepared to do anything to accomplish that goal. The defendant had been released on bail in his murder trial where he was charged with killing his estranged wife when the conviction for attempting to kidnap the state's attorney occurred. He has since been remanded into police custody. A special prosecutor has been appointed to the case.

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DuPage County criminal drug charge attorney, drug trafficking, drug posession

Drug trafficking and drug possession are serious crimes that carry potentially devastating sentences. However, there are notable differences between both crimes as well as the defenses available to refute them. You will want to speak with an experienced DuPage County criminal drug charge attorney to get the best advice on what your options are after you have been charged.

Drug Possession

Drug possession, generally, is a less serious offense than drug trafficking. Drug Possession refers to being in actual or constructive possession of a controlled substance. Being charged with drug possession usually is prosecuted at the state level.

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stop and frisk, Cook County criminal defense attorneysA stop and frisk occurs when a policer officer has a reasonable suspicion that you are going to commit or have already committed a crime. Therefore, the officer stops and searches you. Various states across the nation have stop and frisk policies. However, these policies have come under scrutiny as opponents argue that they target people of color disproportionately and are ineffective at curbing violent crime. 

Why Do Police Officers Conduct Stop and Frisk Searches?

The short answer is is that a stop and frisk is conducted in order to gather evidence for a crime in which the police have a reasonable suspicion has occurred or is in the process of occurring. The theory law enforcement relies on is that there are circumstances in which they would ordinarily need to obtain a warrant to conduct a search. However, due to the nature of the crime they are investigating, doing so would substantially impede law enforcement's ability to gather the evidence before it is destroyed or before a member of the public is injured.

Why Are Stop and Frisk Searches Controversial? 

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
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Fax(888) 350-9195
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Davi Law Group, LLC handles criminal law matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville.

 

 

 

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