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Category Archives: Criminal Law

DuPage County domestic violence defense attorney,  domestic violence charge, domestic violence, order of protection, abusive relationshipThe average lifespan lengthened tremendously over the last few decades with the assistance of medical advancements. However, with age also comes the general “wearing down” of the body, resulting in illness and disabilities. Only one in four adults over the age of 60 currently live on their own successfully, according to the U.S. Census Bureau.

These statistics leave our nation’s aging population in the care of someone else. Many families have no choice but to accept their aging parents into their homes, regardless of relationship or financial status. Unfortunately, parents are reluctant to relinquish their title as “head of the household” to their adult children. Children, in return, struggle to cope with the change in family dynamics, often resulting in rising tensions and occasionally a domestic violence charge.

Defining Domestic Violence

Domestic violence is often associated with violence between two spouses, but it is not always the case. The charge covers a wide variety of close relationships including children and stepchildren, former and current spouses, partners, roommates, those within a dating relationship, caregivers, and blood-related family members. Additionally, the parent-child relationship need not be physically abusive to qualify for such accusations.

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juvenile criminal records, criminal record, criminal record expungement, juvenile criminal case, Illinois juvenile crimeJuveniles who find themselves on the wrong side of the law will have an easier time getting arrest records expunged under a new state law aimed at giving youth a second chance.

The law allows for juvenile criminal records to automatically be expunged for various circumstances without a petition brought by the individual. It also repeals provisions pertaining to court proceedings. At the same time, the law removes the requirement that an individual be 21 years old to be eligible for expungement by petition.  

Under the law, records will be expunged after one year for arrests which occurred before an individual’s 18th birthday, if the offense was considered a Class 3 felony or would have been a lower offense if committed by an adult. If there was an adjudication of delinquency, records will be automatically expunged two years after the case was closed. 

The law also calls for records to be expunged 60 days after the dismissal of a petition of delinquency or a finding of not delinquent, along with the successful termination of an order of supervision. Records will also be expunged in the same duration if the offense was a Class B or C misdemeanor or deemed a lower offense if committed by an adult. 

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Illinois criminal defense lawyersAssault of any kind is a serious offense in the state of Illinois, but the consequences will often depend on the severity of the charge. For example, is the charge related to assault charges or aggravated assault charges? Learn what the differences are between the two, including how they vary in terms of potential consequence, with help from the following information.

Assault in Illinois

The law states that assault is an act in which one causes another person to believe they may be at risk for battery (physical harm). There does not need to be any evidence of harm, nor is one required to make physical contact with a person to be accused of assault. Instead, one can be charged with this act by shaking their fist in someone’s face, threatening them with words or body movement, or otherwise causing them to fear they may be in danger of bodily harm.

Straight and basic assault charges are typically considered a Class C misdemeanor. Consequences may include imprisonment for up to 30 days, fines, and possibly even a no-contact orders with the victim. However, individuals who have previous convictions or are charged with aggravated assault may face more serious consequences if they are eventually found guilty.

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DuPage County criminal defense lawyersTechnology changes and evolves so quickly that law enforcement often struggles to keep up. However, most states do have at least some laws in place to protect potential cybercrime victims. Furthermore, the United States government regularly question, arrest, detain, and even convict individuals who are suspected of cybercrimes. Now, with the announcement from Deputy Attorney General Rod J. Rosenstein, there may be even more cybercrime arrests.

The Crackdown on Cybercrime

In an August 29, 2017, press release, the Department of Justice announced that it had strengthened its ability to press charges against individuals suspected of cybercrimes. A full cybercrimes lab and over 45 different attorneys will be working to bring them down. What sorts of crimes will they be investigating, and what might it mean for you or a loved one if you become suspect in a cybercrimes case? The following explains further.

What Are Cybercrimes?

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DuPage County criminal defense lawyerFacing criminal charges can be a frightening and confusing event. Thankfully, much of the fear and confusion can be mitigated against when you know your legal rights. Learn more about them in the following sections, and discover what an experienced criminal defense lawyer can do for you or your loved one in a pending criminal charges case.

Your Right to Be Treated as a Non-Guilty Person

The law states that you are innocent until proven guilty, which essentially means you are not to be treated as a guilty person while awaiting trial, no matter how incriminating the evidence against you seems. Law enforcement cannot punish you or treat you unfairly. They may not physically attack you, and they cannot treat you inhumanely. You must be supplied with basic life necessities, such as food and water. In addition, law enforcement cannot continue to detain you past the state-appointed time limit if they do not have enough evidence to prosecute.

Your Right to Remain Silent

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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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