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Category Archives: Criminal Law

DuPage County aggravated speeding lawyerIn recent years, the state of Illinois has cracked down on speeding. According to the Illinois Department of Transportation, there were over 24,000 speeding citations recorded in 2015. Though speeding is often only a traffic ticket that comes with a fine, there are situations in which a speeding infraction can result in jail time and extensive fines. Though some people may think speeding is a victimless crime, it is not. According to the National Highway Traffic Safety Administration (NHTSA), nearly 10,000 people were killed due to speeding-related traffic accidents in 2017.

Illinois Aggravated Speeding Laws

According to the Illinois Vehicle Code, speeding 26 miles per hour or more over the posted speed limit is considered to be aggravated speeding. This is technically a criminal charge, rather than a traffic violation, which is why the potential consequences for aggravated speeding are more serious than just a fine.

26 mph to 34 mph over the speed limit: If you are caught driving 26 mph over the posted speed limit, but not more than 35 mph over the speed limit, you will be charged with a Class B misdemeanor. This means you could face up to six months in jail, up to two years of probation and up to $1,500 in fines.

35 mph or more over the speed limit: If you are caught driving more than 35 mph over the posted speed limit, you are committing a Class A misdemeanor. This charge carries a possible sentence of up to one year in jail, up to two years of probation and up to $2,500 in fines. If you are facing a speeding charge, a judge can also order that you complete community service or that you attend traffic school.

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DuPage County criminal defense lawyerWhether you are in court for a civil or criminal matter, or you are the plaintiff or defendant, you are expected to act a certain way and adhere to certain rules when you are in the courthouse. Every time you appear in court, you are being watched and analyzed. The judge, opposing counsel and the jury are examining you and determining what kind of person you are and if you have any credibility. Your actions and behavior in court could either favorably or unfavorably affect your case outcome. Here are a few tips to help you succeed and act appropriately when you go to court:

1. Make Sure You Arrive Early

You should make sure you factor in enough time for you to get to the courthouse on time. Account for possible traffic, in addition to the time it will take you to go through the security screening at the courthouse. Make sure you arrive at least 30 minutes before your scheduled hearing.

2. Dress For Success

When you go to court, all eyes will be on you. The general rule of thumb is that you should dress professionally and conservatively. Men should wear slacks or dress pants, a button-down shirt, a tie and a jacket or sweater. Women should wear a dress or slacks and a blouse. Women should be especially careful not to wear anything too revealing. Both men and women should be sure to groom themselves appropriately.

3. Be Respectful

Respect can take you a long way. When the judge is talking to you or asking you a question, make sure you are looking at the judge and making eye contact. Never interrupt the judge while he or she is speaking and always wait for the judge to finish their question before you answer. If you need to address the judge, always refer to them as “your honor.”

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DuPage County domestic violence charges defense lawyerDomestic violence is a crime that Illinois courts take very seriously. Even if you did not actually commit the act of domestic violence, these charges can be detrimental to your life and your reputation. If you have an order of protection against you, it could make your life extremely difficult. There are many things that an Illinois order of protection can order you to do or prohibit you from doing. It is important to understand what orders of protection mean for you if you are facing Illinois domestic violence charges.

What is Domestic Violence?

According to the Illinois Domestic Violence Act of 1986, domestic violence is when any family or household member commits any act of abuse toward another family or household member. Family or household members include:

  • Spouses or former spouses;
  • Parents, children and stepchildren;
  • Former or current housemates;
  • Former or current dating or engaged couples;
  • People with a child in common; and
  • People with disabilities and their caregivers.

Acts of abuse include:

  • Physical abuse, such as hitting, pushing, shoving, biting or others;
  • Harassment, such as following you, creating disturbances at your school or work, or preventing you from seeing your child;
  • Forcing you to do something you do not want to do; or
  • Forcing you to have sex.

Effects of Orders of Protection

If an order of protection is entered against you, there are certain things that the order can require you to do and prohibit you from doing. These things can include:

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DuPage County social host liability attorneyIn the American culture, underage drinking can be a rite of passage when you are a teenager. According to the Centers for Disease Control and Prevention (CDC) alcohol is the most commonly used drug among Americans ages 12 to 20 and that among high school students, around 30 percent drink some amount of alcohol each month. While alcohol use is common among teenagers, it is dangerous and illegal. Not only is it illegal for a teenager to purchase alcohol, but it is also illegal for teens to consume it. Moreover, it is illegal for a parent or guardian to allow alcohol to be consumed by minors on their property.

Social Host Liability Laws

According to the Illinois Liquor Control Act, it is illegal for anyone to allow those under the age of 21 to consume alcohol on his or her private property, any property that they control or any vehicle or watercraft under their control. You can be both held responsible for the consumption of alcohol by minors if you knowingly allow them to consume it and if you fail to adequately control access to the alcohol.

This is known as the social host liability laws, and it can apply whether you are on the premises during the time alcohol is consumed or not. If you allow minors to consume alcohol on your property, you are guilty of a Class A misdemeanor. You will be responsible to pay a minimum $500 fine, but punishments could be up to $2,500 in fines and up to one year in jail. If a death or a serious injury occurs because of the drinking, you will be charged with a Class 4 felony, meaning you could face up to three years in prison and $25,000 in fines.

Contact a DuPage County Social Host Liability Lawyer

It may seem like a good idea to have your kids drink while they are under your supervision, but it is illegal to do so. What may seem like a night of harmless fun can turn into a night of arrests. At the Davi Law Group, LLC, we can help you mitigate any charges you may have pertaining to underage drinking and parental responsibility. Our experienced Wheaton, IL social host liability attorneys can help you come up with a solid defense and avoid a conviction at all costs. Get in touch with us today to determine what your first step will be. Call us at 630-580-6373 to schedule a free consultation.

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IL defence lawyerWhether at college or in their hometown, young adults are often tempted to do whatever it takes to get into bars before they turn 21 years old, the legal drinking age in Illinois and across the U.S.

That desire leads some to acquire fake identification. This may include using someone else’s ID as their own, presenting another person’s information at an Illinois license branch to get a new ID, or obtaining one through an individual or business that sells them. While it might seem like a victimless crime in order to have some fun, the state of Illinois does not see it that way.

Fake ID Penalties

In Illinois, it is illegal to possess, use, distribute, or help someone get a fake driver’s license or ID card. At a minimum, your license can be suspended for up to a year for any of those offenses.

You could be charged with a Class A misdemeanor, with up to a year in jail and a $2,500 fine for:

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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
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Joliet, IL 60432
Phone(815) 582-4901
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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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