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Tag Archives: criminal charges

DuPage County criminal defense attorney traffic violation

Getting pulled over when you are driving is never a good feeling. You may be worried about the ticket price of the traffic violation or be concerned about the other consequences that may follow. As of late, Americans have become increasingly concerned about their personal safety during interactions with law enforcement. With racial tensions at an all-time high and police-civilian interactions especially contentious, routine traffic stops can make many drivers more nervous than normal.

When being pulled over, it is important to remember that police officers are equally as cautious about potential dangers as the driver. Police officers risk their lives on a daily basis, and many have seen their friends and co-workers get severely or fatally injured while on the job. In order to put both the police officer and driver at ease, it is important that Illinois drivers adhere to the following guidelines.

How to Interact With an Officer

The way that you engage with a police officer as he or she approaches your vehicle can quickly determine how smoothly your interaction will proceed. Depending on your tone, attitude, and actions, your conversation with the police officer can end with a warning, ticket, or arrest. In order to avoid escalating your interaction with the officer, consider the following guidelines:

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Wheaton sex crimes defense attorney

In the early 1970s, the federal government passed the Education Amendments of 1972, the most well known of which is Title IX. Title IX is the federal law that prohibits discrimination on the basis of sex in higher education. One of the major issues that Title IX combats is how cases of sexual assault are handled when they arise on college campuses. Unfortunately, violent crimes on college campuses are not uncommon. According to the Rape, Abuse & Incest National Network (RAINN), around 11 percent of college students become victims of sexual violence while they are in school. Because of this, sexual violence at colleges and universities is taken very seriously. In Illinois, a person who is charged with a sexually violent crime, such as sexual assault, may face prison time, fines, and other penalties, including the requirement to register as a sex offender in some cases. If you have been accused of sexual assault, an Illinois criminal defense lawyer can help you navigate your case.

Understanding Title IX

Title IX is the law responsible for prohibiting any kind of sex discrimination in educational institutions that receive federal funding. Prior to the early 1970s, there was a huge inequality between the way men and women were treated in higher education. These disparities encompassed everything from employment in universities to funding and availability for women’s athletic programs. In addition to addressing these matters, Title IX helps regulate how sexual assault and harassment are addressed in educational institutions.

Recent Changes to Title IX

One recent major change to Title IX involves how incidents of sexual misconduct will be handled in educational institutions. Prior to the changes, one person was able to conduct the investigation, decide what evidence to use in the case, and make a recommendation as to what the outcome of the case should be. Under the new rules, which go into effect in August of 2020, the person who determines the outcome of the case must be a different person than the individual who investigated the case. Also, now an outcome may only be determined after a hearing has taken place, and at this hearing, the person accused of the misconduct will have the opportunity to defend himself or herself.

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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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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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