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Category Archives: Criminal Law

DuPage County criminal defense attorneys, plea dealMost criminal cases never go to a trial by jury. Even though it is your constitutional right to have a trial decided by a group of your peers, most individuals who are accused of a crime take a plea deal.

There are several reasons why a plea deal is appealing to defendants:

  1. The outcome is more predictable. If you go to trial, you could be found not guilty or guilty of several crimes. With a plea, you know exactly what your conviction will be.

  2. Plea deals are quick. If you are not out on bond and get credit for time served, your sentence may not be that much longer than the amount of time you have been in jail.

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DuPage County criminal defense attorneys, bail in IllinoisWhen arrested and put in jail, one primary concern is how to get out of confinement. For most crimes, a court will release an accused if bail is posted. By requiring an accused to post bail, defendants are more likely to continue to show up for court dates. If a defendant does not appear in court, however, the bail amount is considered forfeited and the accused will return to jail. Consider the following information regarding bail in Illinois.

1. Not All Crimes Are Eligible for Bail

Under Illinois law, a judge cannot set bail in certain cases including:

  • Offenses punishable by death or life in prison, until a hearing can be held and the accused can demonstrate that “the proof of his [or her] guilt is not evident”;
  • Stalking or aggravated stalking; or
  • Any other case where the accused presents a threat to the physical safety of others. 

2. A Judge Will Determine the Amount of Bail on a Case-by-Case Basis

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Wheaton criminal law attorneys, guilty plea lawsIllinois recently enacted a law that sets new standards for courts accepting guilty pleas. The new law attempts to better inform a defendant about the ramifications of the plea when it is given. 

Under the new law, a defendant must be told by the court:

  • The maximum and minimum sentence and penalty under the law;
  • The possibility of consecutive sentences, if applicable;
  • The possibility of an increased sentence for future or prior convictions, if applicable;
  • The registration requirements and restrictions that come with the plea, if applicable; and
  • The plea’s effect on an accused’s ability to:
    • Apply for housing;

    • Get a job;

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DuPage County criminal law attorney, illegal knivesGuns are subject to many regulations, and gun laws are hotly debated. Therefore, with all the focus on guns, it is easy to forget that knives are subject to regulations and in some cases are illegal.

There are several reasons to lawfully carry a knife, and knife collecting itself is not illegal. They are useful tools to many people’s professions and hobbies such as hunting. However, what one person may view as an eccentric or rare knife, the law may view as illegal.

It is important to determine if the knives you carry are illegal. If an officer sees you carrying an illegal knife or sees the knife in plain view in your car, the officer could use that as justification for a search of your body or car.

What Knives Are Legal

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Wheaton assault defense attorney, assault chargesThe First Amendment to the United States Constitution protects our rights to free speech, so you can say whatever you would like, right? Not necessarily. There are a few caveats associated with your freedom of expression. Others also have the right to feel safe. Therefore, government officials have the right to step in if your speech incites violence or violates peace. However, the perception of fear varies from person to person. If the words that leave your mouth cause an overly-sensitive individual to fear for his or her life, then are you susceptible to assault charges?

Sticks and Stones

Physical contact may leave lasting, visible marks on a human body. However, words can be just as powerful. The words we use, assisted by body language and voice inflection, can cause powerful emotional reactions in those around us. For this reason, assault charges are not reliant on actual contact, but the feelings provoked in others. Each state defines assault differently. In Illinois, assault is:

  • Engaging in conduct that allows someone else to believe that he or she is in danger of a physical attack (battery);
  • The victim's fearful response must be reasonable and genuine;
  • Any other reasonable person would also be in fear of an immediate battery;
  • The verbal attack must intend to cause fear; and
  • Behavior and voice inflection must show intent to attack.

Does Sensitivity Matter?

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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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