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Category Archives: Criminal Law

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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Illinois defense attorneyPolice officers frequently begin questioning potential suspects immediately upon initial contact. Questioning does not necessarily indicate that anyone is detained or arrested. Does that mean that you do not have to cooperate with the cops? In short, you have the right to remain silent, at least initially. There are pieces of information that are pertinent, and you should share with the questioning officer; however, you do not necessarily need to share any other information beyond those initial questions.

What Is Initially Required

Maintaining a polite demeanor throughout the experience often goes a long way toward helping your case. Being polite does not mean helping them build a case against you, however. If you are in a public place, the only information you are required to give is your name; which is only valid if the officer suspects you have committed or are committing a crime and they announce themselves as police personnel. Cops may also ask you to give your address and a reason for your behavior. You do not have to answer either of those questions legally.

Your Fifth Amendment Rights

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IL defense lawyerFewer people physically write out checks today than ever before. The plastic forms of payments are more convenient for quick payments. However, with the ease of payment comes a certain level of forgetfulness when it comes to balancing the checkbook. Even the small sums add up over time, reducing the overall amount of available funds. Mistakes happen when obligations are overlooked, sometimes resulting in what is known as a “ bounced check.” If this happens in Illinois, you could face criminal charges.

How Does a Check Bounce?

You may be wondering how you bounced a check, especially if you no longer have a checkbook. If you use an online billing payment service through your bank or enter your check information in a payment screen, there is a possibility that your bank will physically mail a check to the biller for processing; a process that may take several days. While there may be money in the account when you send the payment, if the funds are no longer available when it processes, the check will return to the person who tried to cash it rather than their promised money. In other words, it “bounces” back to them. Transactions do not necessarily deduct from the account in the order of payments, either. Financial institutions follow a schedule, allowing higher priority payments to process even before pending transactions.

What Are the Consequences?

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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
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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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