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Wheaton traffic violations attorneyThere are plenty of ways you can get a traffic ticket in Illinois — running a red light, not fully stopping at a stop sign, forgetting to use your blinker while you are turning — the list goes on and on. Traffic tickets can range anywhere from a correctable violation, such as a broken tail light, to felony criminal charges, such as aggravated speeding or reckless driving. For many people, getting a ticket means paying the fine and dealing with the consequences, but in some cases, it can be beneficial to fight the traffic ticket rather than accept it. Some traffic tickets can be charged as criminal offenses and can carry jail time, which is much more serious than just paying a fine. If you have gotten a traffic ticket, it is important that you understand how to minimize the consequences you may face.

Should You Fight the Ticket? Factors to Consider

In some cases, you may want to fight a traffic ticket. In other cases, it is probably best to just pay the fine and move on. Figuring out which route to take can be tricky, especially because each traffic offense carries different consequences. Before you do anything, you must determine if the trouble of fighting the traffic ticket is worth the outcome. Ask yourself the following questions:

  • Do you have sufficient evidence to support your claim in court?

  • Do you have the time needed to attend court hearings?

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DuPage County criminal defense attorneyViolent crimes are serious charges that come with significant legal consequences. Many violent crimes can easily escalate to felony charges, which can mean expensive fines and lengthy periods of jail time. Sometimes, actions that led to assault or battery charges may have been taken to defend yourself against another person. The state of Illinois recognizes that you have the right to protect yourself, your property, or other people if there is a threat present. In certain situations, you have the right to perform an act of force that would otherwise be an illegal act if it was not done in self-defense. If you have been charged with a violent crime such as assault or battery, and you believe you acted in self-defense, you should seek immediate assistance from a criminal defense attorney.

Defending Yourself or Others

Illinois law allows you to use force against another person if you reasonably believe that the use of such force is necessary to defend yourself or another against a person’s imminent use of unlawful force. However, there are lines that you cannot cross if you plan on using self-defense as a legitimate explanation. To have a believable self-defense argument, you have to prove that:

  • A person used unlawful force to threaten you or another person;

  • The force you used was necessary to protect yourself or another person; and

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Naperville, IL criminal defense lawyerFor some Americans, driving is one of the small pleasures in life. Going for a drive gives you a sense of freedom and independence that is unique and unparalleled when compared with other activities. However, for many, driving is more than just a fun activity. It can be a necessity, and being unable to drive can directly affect one's livelihood. Most people would think that a moving violation, or an infraction committed while driving, is the only way to lose your driving privileges. While this is one potential reason why a driver's license may be suspended or revoked, there are many other ways you can lose your legal ability to drive. In fact, some of these circumstances are not directly related to driving, or they may not have anything to do with driving at all. These cases include:

Driving While Under the Influence

One of the most obvious ways you can lose your driving privileges is by driving while you are under the influence of drugs and/or alcohol (DUI). Under Illinois’ statutory summary suspension law, you will automatically have your driver's license suspended if your blood alcohol content (BAC) is more than 0.08 when you were arrested or if you refuse to take a chemical test of your BAC. This suspension will take place even if you are not convicted of DUI charges. If you are convicted, you will face additional penalties alongside the statutory summary suspension. 

Failing to Pay Child Support

The state of Illinois believes that every parent has a duty to financially provide for their children. Because of this, child support orders are taken extremely seriously. If you do not pay your legally mandated child support, or if you fall behind on your payments, you could lose your driving privileges. After three months have passed since your last payment, the process to suspend your driver’s license will commence.

Failing to Pay Fines or Parking Tickets or Appear in Court

If you have more than 10 unpaid parking tickets, your municipality may request to have your driver’s license suspended. Likewise, you can also have your driving privileges suspended if you have failed to pay five or more automated traffic violation fines or fees. If your presence is requested in court, and you fail to appear during your hearing, the court may take away your driving privileges. The Circuit Clerk’s office can request to have your driving privileges suspended.

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DuPage County weapons charges defense attorneyLike many states across the United States, Illinois has strict gun laws in place that are meant to protect its citizens. To legally possess or purchase a firearm, you must obtain a Firearm Owners Identification (FOID) card and meet all eligibility requirements. Even then, there are many rules that you must follow when owning and possessing a firearm. Other weapons, such as knives, brass knuckles or bludgeons, are strictly regulated in Illinois. If you are charged with unlawful use of a weapon (UUW) in Illinois, you could face misdemeanor or felony charges, depending on the situation. 

Misdemeanor UUW Charges

In certain situations, a UUW will result in a misdemeanor charge. You can be charged with a UUW misdemeanor if you:

  • Sell, manufacture, purchase or possess a black-jack, slung-shot, bludgeon, sand bag, knuckle weapon, sand-club, ballistic knife, or switchblade knife;

  • Carry or possess with the intent to use a dirk, dagger, dangerous knife, stiletto, billy, razor, broken bottle or piece of glass, taser or stun gun, or any other dangerous weapon;

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DuPage County shoplifting defense attorneyBoth retailers and law enforcement take theft very seriously in Illinois. It may seem like a victimless crime, but retail theft hurts the store, and in turn, the economy. If you are caught trying to steal an item from a store, simply paying for the item will not get you off scot-free. Many stores are now pursuing prosecution for shoplifters, and you can be charged with a misdemeanor, or even a felony, depending on the situation.

What Is Retail Theft?

The Illinois Criminal Code of 2012 provides detailed information about criminal laws in Illinois. According to the code, general retail theft occurs when a person takes possession of any merchandise that is displayed or for sale in a retail establishment without paying for the merchandise and with the intention of depriving the retail establishment of the use or benefit of that merchandise. General retail theft is considered to be a Class A misdemeanor if the value of the merchandise is less than $300. In Illinois, Class A misdemeanors carry a sentence of up to one year in jail and up to $2,500 in fines.

Other Ways of Committing Retail Theft

The crime of “retail theft” includes more than just taking an item off a shelf. If you are caught committing any of the following offenses, you can be charged with retail theft:

  • Price Switching: If you alter, transfer, or remove the price tag or label of an item, with the intention of depriving the merchant of the full value of the item, you commit retail theft. 
  • Removing a Shopping Cart: Shopping carts are the property of the store in which they are in. If you remove a shopping cart from the premises without the permission of the merchant, you can be charged with retail theft.
  • False Returns: Trying to return an item that you do not actually own in order to obtain cash or gift cards is considered a crime and will lead to retail theft charges.
  • Possessing a Theft Detection Shielding Device: You can also be charged with retail theft if you use or possess a device meant to shield a product from tripping alarms or sensors when it is taken from a store. Possession of the device is a crime in and of itself because it abets someone in committing theft.

A DuPage County Retail Theft Defense Attorney Can Help

If you have been charged with any form of retail theft, it is imperative that you get help from an experienced and knowledgeable Wheaton, IL retail theft defense lawyer. Often, retail theft will be charged as a misdemeanor crime, but in certain cases, it can lead to felony charges. At the Davi Law Group, LLC, we have extensive experience helping those who have been accused of shoplifting in Illinois. Contact our office today by calling 630-580-6373 to set up a free consultation.

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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
Phone(630) 580-6373
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Joliet, IL 60432
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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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