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DuPage County expungement attorney

One of the most common questions people ask after they have come into contact with the criminal justice system is whether or not their criminal record can be cleared. Even if you were not actually convicted of a crime, you can have a criminal record if you were arrested or charged with a crime. This record can affect future employment opportunities, housing availability, and other people’s opinion of you. Depending on the circumstances of your case, expunging your criminal record may be an option for you.

Do I Qualify for Expungement?

Typically, the most favorable method of clearing your criminal record is expungement. If you are able to have your record expunged, your criminal record will be erased, as if it never existed. Because of this, there are certain requirements that your record must meet to qualify for expungement. Entries on a criminal record that qualify for expungement include:

  • Arrests that did not result in a conviction

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Wheaton, IL criminal defense attorneyThere has always been some sort of tension between the general public and authority figures in the United States. The perception of law enforcement can quickly change when events such as police shootings take place or reports of police officer negligence are made available to the public. While an encounter with a police officer can be stressful and anxiety-inducing, it is important for you to know your rights in these situations. Improper actions could result in serious criminal charges, such as resisting arrest or noncooperation. Listed below are a few important facts you should know about interacting with the police:

  • You can get in trouble for resisting the officer. One of the worst things you could do when a police officer stops you is to not cooperate with him or her. After being stopped, it is okay to ask if you are free to go; if the officer says no, that means you are being detained or arrested. Being detained is not the same thing as being arrested, but compliance with the officer is still required. Noncompliance or directly disobeying an officer can result in criminal charges that carry fines or jail time.
  • There are certain questions that you must answer if police ask. Most people know that they have the right to remain silent if a police officer begins to ask questions. However, there are certain questions that may require an answer. For example, if you are detained or arrested, an officer may ask for your legal name, age, date of birth, address, or Social Security number. If you do not provide this information, additional trouble and delays in the arrest process may result.
  • Police must read your Miranda Rights. Although a majority of Americans may be aware of their Miranda Rights, there is often some confusion about the legalities attached to these rights. Police officers will have to read your Miranda Rights, but only after you have been arrested and before they begin to question you. Your Miranda Rights include your Constitutional right to remain silent, a statement that anything you say can and will be used against you, and your right to an attorney.
  • Your right to remain silent is a valuable tool. Once you have been read your Miranda Rights, you are not required to provide any information, even if police try to question you. In many cases, it is best to wait for your attorney before you speak. Any information that is revealed because of force by an officer may be inadmissible in court.

A DuPage County Criminal Defense Attorney Can Further Advise You

Being arrested can turn into a long and complicated process, even if you have not been charged or convicted of a crime. Any arrest will create a criminal record that can be seen on a background check. If you have been arrested in Illinois, you should contact a skilled Wheaton, IL criminal defense lawyer. Violations of proper procedures during an arrest could make any evidence or confession inadmissible. To schedule a free consultation, call our office today at 630-580-6373.

Sources:

https://www.isba.org/sites/default/files/publications/pamphlets/Arrested.pdf

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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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justifiable force, DuPage County criminal defense lawyersWhen your actions have caused death or bodily harm to another, you may be faced with criminal charges. What happens, though, when your actions were in self-defense, or done to protect your home or a loved one? Is this still a criminal matter, or can you use justifiable force as a viable defense in your case? The answer to this depends on the situation. However, the following information can help you understand the basics of justifiable force in Illinois. 

When Might Justifiable Force Apply? 

Justifiable force cannot be used for every circumstance or every case. To effectively exercise this defense, you must have been defending yourself or another person from an unlawful act (i.e. sexual assault, battery, murder) or from death or bodily harm. Alternatively, you may be able use justifiable force in a situation where you were protecting your own property or a family member’s property from a break-in, attack, or other unlawful act. Still, this is not a blanket defense. There are other nuances to justifiable force that you must be aware of before trying to use it in your case.

Justifiable Force Versus Stand Your Ground 

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DuPage County criminal defense attorneyTo those who are dealing with police for the first time, it is an unnerving process. There are legal terms and lingo that are unfamiliar. There often is someone at the station being disruptive, increasing tensions around the room. The fear of the unknown gets the best of many, and anxiety inhibits the ability to comprehend what is happening. With terms such as “arrested” and “charged” incorrectly used in daily conversation, understanding the circumstances becomes even more of a challenge. It is important to realize that once an arrest occurs, a criminal record is created that will follow you until you go through the expungement or sealing process.

Arrested

“You are under arrest! You have the right to remain silent. Anything you say…” the rest becomes a blur to the individual in handcuffs being dragged away to the patrol car. The seemingly long speech that they are legally obligated to give you is known as your Miranda Rights. If you were to listen to them in their entirety, they are clear and concise, letting you know that you have the right to an attorney and if you say anything it can be used against you. You should always heed this warning and not say a word until a lawyer is present. Arrested just means that you are in the custody by the police. The arrest is the act of handcuffing and going to the police station to sit while the prosecutor determines whether or not a case exists. Although the decision has not been made and there may never be a conviction or even a case, the arrest itself will appear on your record.

Charged

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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
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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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