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Category Archives: Criminal Law

DuPage County juvenile crimes defense attorney

Underage drinking is all too common in today’s world. According to reports from the National Institute on Alcohol Abuse and Alcoholism (NIAAA), 58 percent of teens have had a drink by the time they reach the age of 18. This may be a result of high school parties in which alcohol is present or it may be attributed to moving away from home and going to college by the age of 18. Regardless of when it starts, binge drinking is extremely common between the ages of 12 and 20, forming bad habits before juveniles even reach the legal drinking age. Those individuals under the age of 21 often fail to recognize the ramifications that underage drinking can have on their future and their criminal record. Criminal charges may include alcohol consumption, but there are also a number of offenses that do not require any alcohol to be consumed.

False Identification and Purchasing Alcohol

These are two separate alcohol charges that are often tied together in Illinois. Many young adults may use an older sibling’s ID or have one made that states that they are 21 years old. This can allow those under the age of 21 to enter bars or purchase alcoholic drinks. Although more common with college students, high school students have also been known to use this tactic to obtain alcohol without their parents’ knowledge. Having a fake ID or lending your ID to someone underage is considered a Class A misdemeanor, punishable by up to $2,500 in fines and one year in jail. Purchasing the alcohol in itself is a Class A misdemeanor with a minimum $500 fine. In other words, having a fake ID can often lead to additional criminal charges.

The Possession of Alcohol

The consumption of alcohol is not required for young adults to face alcohol-related charges in Illinois. If those under the age of 21 are found with alcoholic beverages in their possession, they may have their driving privileges suspended for up to one year. This is also true for any minors found transporting alcohol in their vehicles. They will automatically lose their license for one year and may face a $1,000 fine. This charge applies to anyone in the vehicle who is underage, not just the driver.

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Wheaton sex crimes defense attorney

In the early 1970s, the federal government passed the Education Amendments of 1972, the most well known of which is Title IX. Title IX is the federal law that prohibits discrimination on the basis of sex in higher education. One of the major issues that Title IX combats is how cases of sexual assault are handled when they arise on college campuses. Unfortunately, violent crimes on college campuses are not uncommon. According to the Rape, Abuse & Incest National Network (RAINN), around 11 percent of college students become victims of sexual violence while they are in school. Because of this, sexual violence at colleges and universities is taken very seriously. In Illinois, a person who is charged with a sexually violent crime, such as sexual assault, may face prison time, fines, and other penalties, including the requirement to register as a sex offender in some cases. If you have been accused of sexual assault, an Illinois criminal defense lawyer can help you navigate your case.

Understanding Title IX

Title IX is the law responsible for prohibiting any kind of sex discrimination in educational institutions that receive federal funding. Prior to the early 1970s, there was a huge inequality between the way men and women were treated in higher education. These disparities encompassed everything from employment in universities to funding and availability for women’s athletic programs. In addition to addressing these matters, Title IX helps regulate how sexual assault and harassment are addressed in educational institutions.

Recent Changes to Title IX

One recent major change to Title IX involves how incidents of sexual misconduct will be handled in educational institutions. Prior to the changes, one person was able to conduct the investigation, decide what evidence to use in the case, and make a recommendation as to what the outcome of the case should be. Under the new rules, which go into effect in August of 2020, the person who determines the outcome of the case must be a different person than the individual who investigated the case. Also, now an outcome may only be determined after a hearing has taken place, and at this hearing, the person accused of the misconduct will have the opportunity to defend himself or herself.

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DuPage County aggravated assault defense attorney

Being charged with any type of violent crime in Illinois can be a scary situation. The uncertainty of the outcome of your case can be a major source of stress for you and your family. Assault and battery are two of the most common violent crimes that occur in Illinois. Depending on the circumstances of the case, you could face a felony charge and many years in prison if convicted. When you are accused of using a weapon during an assault or battery, your penalties often change and become even more serious. The use of a weapon almost always classifies assault and battery charges as aggravated assault or aggravated battery, both of which come with severe criminal consequences.

Aggravated Assault Charges

Assault is a crime that occurs when a person does something that makes another person reasonably believe that he or she will be physically harmed. Typically, basic assault is classified as a Class C misdemeanor. However, when a person uses a firearm or other weapon during the assault, the charge is elevated to aggravated assault.

If the weapon was not fired during the assault, it is typically charged as a Class A misdemeanor, which carries up to one year in prison and up to $2,500 in fines. If the weapon was fired during the assault, it is charged as a Class 4 felony, or a Class 3 felony if the weapon was fired from a motor vehicle. Class 4 felonies carry a possible sentence of one to three years in prison, while Class 3 felonies carry a possible sentence of two to five years in prison. All felonies have a possibility of carrying up to $25,000 in fines.

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Wheaton, IL criminal defense attorneyThere has always been some sort of tension between the general public and authority figures in the United States. The perception of law enforcement can quickly change when events such as police shootings take place or reports of police officer negligence are made available to the public. While an encounter with a police officer can be stressful and anxiety-inducing, it is important for you to know your rights in these situations. Improper actions could result in serious criminal charges, such as resisting arrest or noncooperation. Listed below are a few important facts you should know about interacting with the police:

  • You can get in trouble for resisting the officer. One of the worst things you could do when a police officer stops you is to not cooperate with him or her. After being stopped, it is okay to ask if you are free to go; if the officer says no, that means you are being detained or arrested. Being detained is not the same thing as being arrested, but compliance with the officer is still required. Noncompliance or directly disobeying an officer can result in criminal charges that carry fines or jail time.
  • There are certain questions that you must answer if police ask. Most people know that they have the right to remain silent if a police officer begins to ask questions. However, there are certain questions that may require an answer. For example, if you are detained or arrested, an officer may ask for your legal name, age, date of birth, address, or Social Security number. If you do not provide this information, additional trouble and delays in the arrest process may result.
  • Police must read your Miranda Rights. Although a majority of Americans may be aware of their Miranda Rights, there is often some confusion about the legalities attached to these rights. Police officers will have to read your Miranda Rights, but only after you have been arrested and before they begin to question you. Your Miranda Rights include your Constitutional right to remain silent, a statement that anything you say can and will be used against you, and your right to an attorney.
  • Your right to remain silent is a valuable tool. Once you have been read your Miranda Rights, you are not required to provide any information, even if police try to question you. In many cases, it is best to wait for your attorney before you speak. Any information that is revealed because of force by an officer may be inadmissible in court.

A DuPage County Criminal Defense Attorney Can Further Advise You

Being arrested can turn into a long and complicated process, even if you have not been charged or convicted of a crime. Any arrest will create a criminal record that can be seen on a background check. If you have been arrested in Illinois, you should contact a skilled Wheaton, IL criminal defense lawyer. Violations of proper procedures during an arrest could make any evidence or confession inadmissible. To schedule a free consultation, call our office today at 630-580-6373.

Sources:

https://www.isba.org/sites/default/files/publications/pamphlets/Arrested.pdf

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DuPage County criminal defense attorneyViolent crimes are serious charges that come with significant legal consequences. Many violent crimes can easily escalate to felony charges, which can mean expensive fines and lengthy periods of jail time. Sometimes, actions that led to assault or battery charges may have been taken to defend yourself against another person. The state of Illinois recognizes that you have the right to protect yourself, your property, or other people if there is a threat present. In certain situations, you have the right to perform an act of force that would otherwise be an illegal act if it was not done in self-defense. If you have been charged with a violent crime such as assault or battery, and you believe you acted in self-defense, you should seek immediate assistance from a criminal defense attorney.

Defending Yourself or Others

Illinois law allows you to use force against another person if you reasonably believe that the use of such force is necessary to defend yourself or another against a person’s imminent use of unlawful force. However, there are lines that you cannot cross if you plan on using self-defense as a legitimate explanation. To have a believable self-defense argument, you have to prove that:

  • A person used unlawful force to threaten you or another person;

  • The force you used was necessary to protect yourself or another person; and

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
Warrenville Office
Address28371 Davis Parkway, Suite 103, Warrenville, IL 60555
Phone(630) 657-5052
Fax(888) 350-9195
Wheaton Office
Address1776 S. Naperville Road, Building A, Suite 105, Wheaton, IL 60189
Phone(630) 580-6373
Fax(888) 350-9195
Chicago Office
Address321 N. Clark Street, Suite 900, Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
Joliet Office
Address58 N. Chicago Street, Suite 102,
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
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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