Posted on January 10, 2023 in Criminal Law

At Davi Law Group, LLC, we provide strong legal advocacy and support to individuals accused of crimes. Whether you have been charged with drunk driving, theft, assault, fraud, or another offense, our team of skilled attorneys are here for you.  

In 2022, our blogs included information about Illinois law, criminal penalties, defense options, and much more. Our most popular blogs of 2022 are listed below.

1. What Illinois Gun Owners Should Know About Red Flag Laws – The Illinois Firearms Restraining Order Act allows for the seizure of an individual’s firearms and forbids the person from purchasing additional firearms. Self-harm, violent or threatening comments, or suicidal actions can lead to seizure of a firearm under Illinois red flag law.
2. Retail Theft Can Be a Felony Offense Punishable by Serious Jail Time – Anyone accused of theft or shoplifting should understand their rights and the potential criminal penalties they face. Theft of property worth less than $300 is a misdemeanor in Illinois but theft of property worth more than $300 is a felony.

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 Posted on December 21, 2022 in Traffic Law

In Illinois, many different situations can lead to the loss of your driver’s license. Multiple moving violations, DUI, reckless homicide, fleeing and eluding the police, and several other offenses can lead to a driver’s license suspension or revocation. Once someone’s license is suspended or revoked, they are not allowed to drive any motor vehicle. Driving on a suspended license can lead to serious penalties.

Illinois Law Regarding Driving on a Suspended License

Most people take the ability to drive for granted until they can no longer drive. Losing your driving privileges can be a major hardship. Because of this, some people choose to drive even after their license is suspended.

If you are caught driving while your license is suspended or revoked, you can be charged with a Class A misdemeanor. This offense is punishable by up to one year in jail and a maximum fine of $2,500. In certain situations, there is a mandatory minimum jail sentence for people caught driving without a valid license. If you are caught driving with a suspended or revoked license for a second time, the offense is a Class 4 felony punishable by a lengthier jail sentence.

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 Posted on December 01, 2022 in Criminal Law

Whether it is due to a traffic stop for alleged speeding, DUI checkpoint, domestic disturbance, or another reason, interacting with the police can be unnerving. Many people find themselves in situations where they do not know the correct protocol for communicating with a police officer. This can lead to increased anxiety, or worse yet, criminal charges. Here are 10 tips on how to respond in such a situation.

How to Handle Police Interactions in DuPage County

It is important for everyone to understand how to handle interactions with law enforcement. There are actions you can take as well as actions you can refrain from that will decrease the chances of a police interaction escalating.

If you are involved in an interaction with the police, be sure that you:

• Remain Calm – It is important to remain calm and polite when interacting with the police. Yelling, getting angry, or making threatening remarks will not help the situation and can result in criminal charges.

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 Posted on November 11, 2022 in DUI

Just as in the vast majority of the United States, the legal limit for blood alcohol concentration (BAC) in Illinois is 0.08 percent. If someone has a BAC of 0.08 percent or greater, they are considered to be intoxicated. Blood alcohol testing is usually a crucial component in a drunk driving case. The prosecution will have a very hard time securing a conviction for driving under the influence (DUI) without a blood test. 

However, alcohol blood tests are not always as reliable as you might think. Human error, product defects, and other problems can cause inaccurate results. If you or a loved one are facing DUI charges, it is important to know how blood alcohol test results may influence the case.  

Problems with Blood Testing in a DUI Case 

Someone accused of drunk driving may be required to undergo a blood draw for the purpose of BAC testing. The person’s blood is analyzed in a laboratory and tested for alcohol and other substances. Blood tests may be inadmissible during a DUI case due to:

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 Posted on November 01, 2022 in Expungement

People change. Often, the person that someone was in the past bears almost no resemblance to the person he or she is today. Unfortunately, a criminal record can negatively impact someone’s life long after the alleged crime. Employers are less likely to give a job to someone with a criminal past. Similarly, landlords may refuse housing to an individual accused of a crime. Neighbors and community members may also prejudge the person before even meeting him or her. All of these factors can make it nearly impossible for an individual accused or convicted of a crime to move on.

Fortunately, people in Illinois who were convicted of criminal offenses may qualify for record expungement or sealing. These processes remove the criminal record from public view, clearing the way for the convicted person to build a better life.  

How Does Record Expungement Work?

Many people are shocked when they realize that you can have a criminal record even if you were not found guilty or convicted of a crime. For example, if you were accused of a crime but your charges were dropped, there is still a record of the initial arrest. People who look up your record can see that you were arrested or accused of a criminal act, which can negatively affect your life in several ways.

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 Posted on October 20, 2022 in Drug Charges

Fake pills laced with fentanyl are being seized at record rates across the nation and Illinois is no exception. Fentanyl supply is also up in the state. If your troubles revolve around drug crimes you could be facing extremely serious charges. You may have been caught up with the wrong crowd, but whatever your situation, we are here to try to help.

Intent to Sell

Illinois makes possession of drugs a felony in all cases, with the exception of marijuana. If you are arrested for drug trafficking you will also be charged with the intent to distribute the drugs. And even if the manufacturing or delivery is not successful, possession with intent can still result in charges for drug trafficking.

Defense Strategies

We may be able to negotiate a deal to reduce the charges in some circumstances. For example, drugs may contain deadly levels of fentanyl, but it would be very difficult to tell that just by appearance. You would need to test the drugs with fentanyl test strips to be certain.

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 Posted on October 06, 2022 in Traffic Law

With so much construction underway as Rebuild Illinois continues full steam ahead, it is easy to get frustrated with delays. You may be used to a certain schedule and are having trouble adjusting to the lower speed limits around construction zones. However, exhibiting even a small lack of patience through those areas can have you dealing with a traffic violation that will tarnish your clean driving record.

Protecting Drivers and Construction Workers

Nearly 7,000 motor vehicle accidents occur in Illinois work zones leading to more than 1,600 injuries. Last year, 25 people died in construction zones in Illinois and none of them were workers. That is the first time that has happened since 2015. 

The minimum speed limit throughout the state of Illinois is 45 miles per hour. That may seem slow but you have to drive even slower than that through construction zones. Excessive speeds in a construction or maintenance zone (work zone) will have you facing some harsh fines and even jail time.

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 Posted on September 27, 2022 in DUI

One of the first attempts made by an officer to discern whether a detainee at a traffic stop is under the influence is often field sobriety testing. Field sobriety tests are used to measure an individual’s level of impairment, and to build evidence to be submitted to a court of law following an arrest for DUI. Yet, the methods used in field sobriety testing are imperfect and frequently, the results are influenced by environmental, medical, or other factors that may negate the test’s effectiveness. The imperfections in these testing techniques lie in the fact that these tests are typically administered outdoors, in whatever location the detainee has stopped their vehicle after observing an officer’s order to pull over. A skilled attorney may be able to argue that the results of a field sobriety test have been influenced by factors other than intoxication and effectively null their worth as evidence in a DUI case. 

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 Posted on September 02, 2022 in Criminal Law

On its face, the crime of assault seems very simple. Most people think of assault as almost synonymous with “attack,” when it really is not. Some people are perplexed when they learn that they have been charged with assault due to this confusion. We frequently hear defendants wonder why they are facing assault charges because they did not hit, push, or even make physical contact with another person. Hitting, pushing, or purposely injuring someone would fall under the umbrella of “battery.” “Assault” on the other hand, simply refers to the act of making someone believe that you are about to commit battery. You should also know that the definition of batter is not as limited as you may believe. If you are facing battery or assault charges in Illinois, it is important that you take the matter very seriously and find a criminal defense attorney. 

Defining Battery in Illinois

When laypeople think of assault, they are often actually thinking of battery. The confusion may be caused in part by the fact that both offenses are frequently charged together because they often occur in the same course of action. 

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 Posted on August 22, 2022 in Juvenile Law

Having a juvenile criminal record can certainly have an impact on your future. When you go to apply for colleges or jobs after high school, your juvenile record is likely to come up. However, a juvenile record can typically be expunged or sealed fairly easily in adulthood. If you stay out of trouble as an adult, your juvenile convictions can easily be forgiven or brushed off as a youthful mistake. If you are charged as an adult, however, your conviction can follow you for the rest of your life. You may be sent to jail or prison with adult offenders. This can be a very scary prospect. If you are unsure whether you will be charged as a juvenile or as an adult, it may be best to consult an attorney. An attorney may be able to take steps to keep your case in the juvenile courts. 

When Can a Child be Charged as an Adult in DuPage County?

Under limited circumstances, a child under the age of 18 can be charged as an adult and tried in adult court. If you are 16 or 17 years old and charged with murder, aggravated battery using a firearm, or sexual assault, you will automatically be charged as an adult. These crimes are considered very serious–if an older teenager commits one of these crimes, they are engaging in very adult criminal behavior. 

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