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Category Archives: Criminal Law

DuPage County criminal defense lawyer

Those who are facing criminal charges often struggle to navigate the justice system. In many cases, defendants are forced to remain in the custody of law enforcement because they cannot afford to pay the amount of bail set by a judge. This has led to increased rates of incarceration for people with low incomes and also people of color. Recently, Illinois took a huge step to reform this system by passing a new law that will eliminate monetary bail, along with a variety of other changes to the criminal justice system.

HB 3653 Addresses Detainee Rights and Police Accountability

House Bill 3653 was passed by the Illinois General Assembly on January 13, 2021. While it has not yet been signed into law, Governor J.B. Pritzker has indicated his support for the changes that the new law will be implementing. Perhaps the most significant change is the elimination of cash bail, which will keep non-violent offenders from being held in prison simply because they cannot pay bail, while also preventing violent offenders from being released because they are able to raise the amount of bail set by a judge. This change will go into effect on January 1, 2023.

The bill also included a number of changes meant to protect the rights of prisoners and those who have been detained by police. Detainees will now be able to make three free phone calls within three hours of being taken to a police station, and these calls can be made before they are questioned by police officers. A person will have the right to retrieve phone numbers from a cell phone before it is confiscated by police. Detainees and prisoners will also be able to receive any necessary medical treatment without unreasonable delays.

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DuPage County criminal defense attorney domestic abuse

The COVID-19 crisis has been a global emergency, leading to hundreds of thousands of deaths and millions of hospitalizations in the United States alone. In addition to creating health concerns, the pandemic has affected many other aspects of our lives. The ongoing upheaval people are experiencing has led to concerns about increases in the rates of domestic violence. Those who have been accused of committing these types of crimes will want to work with a criminal defense attorney to understand the nature of the charges they may face and their best strategies for defense.

Domestic Violence During the Pandemic

While the COVID-19 pandemic has had a major impact on everyone’s lives, its full effects will probably not be understood for at least several years. Advocates have raised concerns about the possibility that domestic violence may increase due to a variety of factors. Financial stress due to job losses, as well as difficulties dealing with issues such as school closures, have caused increased tension in some households. Disagreements between spouses, partners, or other family members may get out of control, leading to claims that one person has committed acts of assault or abuse. In addition to these concerns, requirements to stay at home and avoid social gatherings may have isolated some victims of abuse, leaving them with few options to leave a dangerous situation. 

While hard data showing whether domestic violence has increased during the pandemic has not yet been compiled and analyzed, some studies have indicated that instances of violence have been on the rise. Calls to the Illinois domestic violence hotline have increased, with the largest number of calls occurring during the stay-at-home order that took place between March and May of 2020, as well as in the month after the order was lifted. However, some studies have shown that the rates of domestic violence as a whole in the United States have fallen by 50 percent during the pandemic, although some advocates believe that this is because victims are not reporting incidents or are unsure about the resources that are currently available to them.

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DuPage County criminal defense attorney domestic abuse

Domestic disputes are an unfortunate reality of many people’s lives. Spouses, romantic partners, parents, children, or other family members often get into arguments, and these sometimes escalate to the point where one or more of the people involved do not feel safe. This has become even more of a concern during the COVID-19 pandemic, since many families have been required to remain at home to prevent the spread of infection, and this close, constant proximity may lead to increased tensions between family members. When this is added to stress from the loss of a job, the requirement to provide childcare for children who cannot physically attend school, and other factors, it is no surprise that the rates of domestic violence have increased during this public health crisis.

An accusation of domestic violence can affect a person’s life in a variety of ways. In addition to potential criminal charges, an order of protection may also be issued, and this can have far-reaching consequences on the life of the accused, as well as other family members. It is important to understand how Illinois law approaches domestic violence and the steps a person can take to defend against these types of allegations.

Criminal Charges: Domestic Battery and Aggravated Domestic Battery

Accusations of domestic violence do not always lead to criminal charges, but when they do, the specific crime that a person may be charged with is known as domestic battery. This crime is typically charged if a person is accused of knowingly causing bodily harm to a family member or a person in one’s household. However, it can also apply in cases involving “physical contact of an insulting or provoking nature,” which may include slapping, shoving, or simply poking a finger in someone’s chest. 

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DuPage County criminal defense attorney traffic violation

Getting pulled over when you are driving is never a good feeling. You may be worried about the ticket price of the traffic violation or be concerned about the other consequences that may follow. As of late, Americans have become increasingly concerned about their personal safety during interactions with law enforcement. With racial tensions at an all-time high and police-civilian interactions especially contentious, routine traffic stops can make many drivers more nervous than normal.

When being pulled over, it is important to remember that police officers are equally as cautious about potential dangers as the driver. Police officers risk their lives on a daily basis, and many have seen their friends and co-workers get severely or fatally injured while on the job. In order to put both the police officer and driver at ease, it is important that Illinois drivers adhere to the following guidelines.

How to Interact With an Officer

The way that you engage with a police officer as he or she approaches your vehicle can quickly determine how smoothly your interaction will proceed. Depending on your tone, attitude, and actions, your conversation with the police officer can end with a warning, ticket, or arrest. In order to avoid escalating your interaction with the officer, consider the following guidelines:

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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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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
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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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