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Tag Archives: criminal defense

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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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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Wheaton criminal law attorneys, guilty plea lawsIllinois recently enacted a law that sets new standards for courts accepting guilty pleas. The new law attempts to better inform a defendant about the ramifications of the plea when it is given. 

Under the new law, a defendant must be told by the court:

  • The maximum and minimum sentence and penalty under the law;
  • The possibility of consecutive sentences, if applicable;
  • The possibility of an increased sentence for future or prior convictions, if applicable;
  • The registration requirements and restrictions that come with the plea, if applicable; and
  • The plea’s effect on an accused’s ability to:
    • Apply for housing;

    • Get a job;

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DuPage County criminal defense attorneyA sense of humor is often a well sought-after quality. Most people enjoy the physical release of laughter and like to surround themselves with others who make them laugh. In general, two individuals who share a similar sense of humor connect better than two persons who have opposing views of what is humorous. What one person finds hilarious, another may find threatening or offensive. If this happens, can a joke be grounds for assault charges?

Trouble Is Brewing

Knock-knock jokes may not be the most humorous. However, they are sometimes the safest. When you start to touch on taboo subjects or subjects including violence, trouble may begin. For instance, joking about how you would murder your spouse or even the phrases “I will kill you” or “I am going to beat you up” can be dangerous depending on the circumstances. Assault charges are possible if they meet the following criteria:

  • Making a verbal threat without touching anyone;
  • Displays of menacing or intimidating demeanor;
  • Perceived threatening conduct; and
  • Perceived immediate danger, not future.

But It Was Just a Joke

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fake ID in Illinois, criminal defense lawyer dupage countyLife as a teenager is confusing and complicated. Teens endure college entrance exams, part-time jobs, high school, and constant pressure to fit in. On the journey to finding who they are as individuals, they make a lot of mistakes along the way.

One common mistake that many teenagers make is obtaining and using a fake ID to avoid underage drinking laws. Unfortunately, such a decision can be harshly life altering.

Can a Bouncer Really Spot a Fake?

Bouncers can and do catch teens with fake IDs. With hundreds of licenses handled on a daily basis, it becomes second nature to them to find one that does not match the others. A few signals that are red flags for any seasoned door person are:

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
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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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