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Tag Archives: DuPage County criminal defense attorney

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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DuPage County social host liability attorneyIn the American culture, underage drinking can be a rite of passage when you are a teenager. According to the Centers for Disease Control and Prevention (CDC) alcohol is the most commonly used drug among Americans ages 12 to 20 and that among high school students, around 30 percent drink some amount of alcohol each month. While alcohol use is common among teenagers, it is dangerous and illegal. Not only is it illegal for a teenager to purchase alcohol, but it is also illegal for teens to consume it. Moreover, it is illegal for a parent or guardian to allow alcohol to be consumed by minors on their property.

Social Host Liability Laws

According to the Illinois Liquor Control Act, it is illegal for anyone to allow those under the age of 21 to consume alcohol on his or her private property, any property that they control or any vehicle or watercraft under their control. You can be both held responsible for the consumption of alcohol by minors if you knowingly allow them to consume it and if you fail to adequately control access to the alcohol.

This is known as the social host liability laws, and it can apply whether you are on the premises during the time alcohol is consumed or not. If you allow minors to consume alcohol on your property, you are guilty of a Class A misdemeanor. You will be responsible to pay a minimum $500 fine, but punishments could be up to $2,500 in fines and up to one year in jail. If a death or a serious injury occurs because of the drinking, you will be charged with a Class 4 felony, meaning you could face up to three years in prison and $25,000 in fines.

Contact a DuPage County Social Host Liability Lawyer

It may seem like a good idea to have your kids drink while they are under your supervision, but it is illegal to do so. What may seem like a night of harmless fun can turn into a night of arrests. At the Davi Law Group, LLC, we can help you mitigate any charges you may have pertaining to underage drinking and parental responsibility. Our experienced Wheaton, IL social host liability attorneys can help you come up with a solid defense and avoid a conviction at all costs. Get in touch with us today to determine what your first step will be. Call us at 630-580-6373 to schedule a free consultation.

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IL defense lawyerWeapons charges in Illinois has potentially severe criminal penalties. Punishments run anywhere from a misdemeanor to a Class X felony depending on a variety of factors of the case, resulting in fines to potential jail or prison sentences. These factors include the location of the alleged crime, the number, and type of weapons involved, and the severity of any injuries incurred. Many cases become exacerbated by any previous criminal history or if other charges accompany the weapons charge. Unfortunately, ignorance of the law is not a good excuse in many weapon-related cases. If you face a weapons charge in Illinois, it is a good idea to understand your accusations.

Reckless Discharge of a Firearm (720 ILCS 5/24-1.5)

This law applies to instances when a suspect fires a gun in a reckless manner which endangers the safety of another individual. The code does not explicitly indicate what qualifies as “reckless,” leaving it up to the judgment of the arresting officer and the court. If the suspect were a passenger in a moving vehicle, both the passenger and the driver would receive the charge. If convicted, the resulting penalty is a Class 4 felony which is punishable by one to three years in prison.

Unlawful Use of a Weapon (UUW) (720 ILCS 5/24-1)

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Illinois defense attorneyPolice officers frequently begin questioning potential suspects immediately upon initial contact. Questioning does not necessarily indicate that anyone is detained or arrested. Does that mean that you do not have to cooperate with the cops? In short, you have the right to remain silent, at least initially. There are pieces of information that are pertinent, and you should share with the questioning officer; however, you do not necessarily need to share any other information beyond those initial questions.

What Is Initially Required

Maintaining a polite demeanor throughout the experience often goes a long way toward helping your case. Being polite does not mean helping them build a case against you, however. If you are in a public place, the only information you are required to give is your name; which is only valid if the officer suspects you have committed or are committing a crime and they announce themselves as police personnel. Cops may also ask you to give your address and a reason for your behavior. You do not have to answer either of those questions legally.

Your Fifth Amendment Rights

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DuPage County criminal defense attorney, Battered Woman Syndrome, PTSD,  domestic violence, repeated domestic abuseVictims who endure prolonged, severe and numerous episodes of domestic violence frequently have physical, mental, or emotional damages. In many cases, the psychological trauma lasts longer than the physical symptoms.

Anxiety, Post Traumatic Stress Disorder (PTSD), and depression are all commonly observed in domestic violence survivors. Another consequence stemming from the trauma is Battered Woman Syndrome, which can either make the injured party endure the abuse without retaliation or defend themselves, so the violence ends indefinitely.

The Stages of Battered Woman Syndrome (BWS)

Battered Woman Syndrome is now regarded as a form of PTSD and is accepted legally as a psychological disorder. Over time, the sufferer becomes so depressed and defeated that he or she begins to believe he or she alone is the cause of the abuse and there is no way to escape it. This learned helplessness can convince a victim to stay an unhealthy relationship. Sometimes, the individual remains because he or she hopes his or her abuser will change. This belief originates from the conditioning from “honeymoon phase” of the abuse cycle, which is:

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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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