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Tag Archives: Cook County criminal defense attorneys

DuPage County probation violation defense attorneyFor many crimes, probation is a sentencing option that is given primarily to first-time offenders or offenders who do not have a history of violent crimes and whose crime did not involve violence. In Illinois, probation is used as an alternative to prison time, which promotes the offender’s rehabilitation and also attempts to reduce the rate of recidivism. The terms of probation vary, because many of the terms are decided on a case-by-case basis in order to provide a more individualized and tailored sentence. If you violate the terms of your probation, you could face unwanted consequences, and in some cases, you may even end up going to jail.

Probation Violation Notice

Everyone who has been sentenced to probation will be assigned a probation officer who helps guide them through the rehabilitation process. Once your probation officer learns that you may have violated your probation, he or she will then submit a petition for violation of probation to the clerk of the circuit court. The clerk will then send you a notice of this petition in the mail, along with a request that you attend the hearing for your violation. If you choose not to attend this hearing, there will be a warrant issued for your arrest.

Probation Violation Hearings

When it comes to probation violations, you are given the benefit of the doubt, since the burden of proof lies with the state. In other words, you do not have to prove that you did not commit the violation -- the state must provide a preponderance of evidence that supports the claim that you violated the terms of your probation. Once this evidence (or lack thereof) has been established, it is up to the judge to determine the outcome.

Possible Consequences for Probation Violations

Not all probation violation hearings will result in disciplinary action. If the judge determines that there is not sufficient evidence, you will not be found guilty of a violation. If you are found guilty, the judge then has to determine what your punishment will be. The judge can choose to:

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Wheaton IL white collar criminal defense lawyerIf you have ever seen the movie, “The Wolf of Wall Street,” then you have some idea of what white collar crime is. When you hear the word crime, most people think of blood, dead bodies or violence. White collar crime is a type of nonviolent crime that typically does not involve any sort of physical violence. The term white collar crime was coined in 1939 and now encompasses a wide range of crimes, mostly dealing with gaining profits. According to the Federal Bureau of Investigation (FBI), white collar crimes are characterized by deceit, concealment or violation of trust. Though these crimes do not physically hurt people, they are not victimless crimes and they can destroy companies and cost people billions of dollars.

Types of White Collar Crime

There is a large variety of crimes that fall under the white collar crimes umbrella. Crimes that are considered to be white collar crimes include:

  • Corporate Fraud: One of the main areas of interest to the FBI is corporate fraud. Corporate fraud includes activities such as falsification of financial information, insider trading and other schemes that were designed to conceal corporate fraud activities and prevent them from being discovered by other governing bodies, like the Securities and Exchange Commission (SEC).
  • Money Laundering: Money laundering occurs when an individual or company conceals or disguises their profits from criminal activities to make them look like they came from a legitimate source.
  • Embezzlement: This crime occurs when a person takes personal property from someone who entrusted that property with them. Typically, embezzlement involves the misappropriation of funds and can happen in situations like when an employee finds a way to funnel company money into their personal bank account.
  • Investment Fraud: Investment fraud typically involves low or no-risk investments, overly consistent and/or guaranteed returns and complex strategies. One of the most famous types of investment frauds is Ponzi schemes. These schemes usually rely on funds from new investors to pay the debts owed to old investors.

A Wheaton, IL White Collar Crime Defense Lawyer Can Help

Among other law enforcement agencies, the FBI is the main investigating body for white collar crimes. This means that you can face federal charges for white collar crimes, which almost always carry sentences that are more strict than state charges. If you are facing charges for any type of white collar crime, a skilled DuPage County white collar crime defense attorney can help. At the Davi Law Group, LLC, we will launch a full investigation into your case so we can provide you with the best defense possible. Call our office today at 630-580-6373 to schedule a free consultation.

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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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stop and frisk, Cook County criminal defense attorneysA stop and frisk occurs when a policer officer has a reasonable suspicion that you are going to commit or have already committed a crime. Therefore, the officer stops and searches you. Various states across the nation have stop and frisk policies. However, these policies have come under scrutiny as opponents argue that they target people of color disproportionately and are ineffective at curbing violent crime. 

Why Do Police Officers Conduct Stop and Frisk Searches?

The short answer is is that a stop and frisk is conducted in order to gather evidence for a crime in which the police have a reasonable suspicion has occurred or is in the process of occurring. The theory law enforcement relies on is that there are circumstances in which they would ordinarily need to obtain a warrant to conduct a search. However, due to the nature of the crime they are investigating, doing so would substantially impede law enforcement's ability to gather the evidence before it is destroyed or before a member of the public is injured.

Why Are Stop and Frisk Searches Controversial? 

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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
Fax(888) 350-9195
Chicago Office
Address321 N. Clark Street, Suite 900, Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
Joliet Office
Address58 N. Chicago Street, Suite 102,
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
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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