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Tag Archives: DuPage County criminal defense lawyer

Wheaton IL assault and battery defense lawyerIn common use, and in the laws of some states, the terms “assault” and “battery” are often used interchangeably. However, in Illinois, while they are often heard in conjunction with one another, they each have specific legal definitions and are considered separate crimes. So, what is the difference between assault and battery in Illinois?

Assault Charges in Illinois

According to Illinois law, you assault someone when you act in a way that leads them to fear that you will physically harm them or make unwanted physical contact. As a simple example, if you say to a person, “I’m going to hit you” and raise your hand to slap them, then that could be considered assault. Actual physical contact or injury is not necessary for a person to press assault charges.

Illinois Battery Charges

As you may have guessed, Illinois defines battery as causing someone actual physical injury. Specifically, a person commits battery when he or she “causes bodily harm” or makes “physical contact of an insulting or provoking nature” with another person. If we alter the above assault example so that you actually hit the person instead of just threatening it, then it could be considered battery.

However, if you threaten to hit the person, make them think that you are going to hit them, and then make physical contact, then that could be considered both assault and battery.

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DuPage County criminal defense attorney DUI

There are multiple ways that you could lose your driver’s license. Drunk driving is one of the most common reasons for the loss of driving privileges. A first-time DUI conviction will result in a one-year driver’s license revocation, and longer revocations will apply to second or subsequent DUI convictions. However, even if you are not convicted of DUI, you will be subject to a statutory summary suspension of your license if a chemical test performed after being arrested showed that you had a blood alcohol content (BAC) of .08 percent or more or if you refused to take a chemical test. Other potential reasons for license suspension or revocation include receiving three traffic violations within a single year or failing to pay child support.

Losing your driver’s license can create a great deal of difficulty in your life, so you will want to make sure you can regain your driving privileges as soon as possible. This means that you will need to take the necessary steps for driver’s license reinstatement as soon as your period of suspension or revocation has been completed.

The Illinois Driver’s License Reinstatement Process

In most cases involving driver’s license suspension, you will be able to have your license reinstated by paying a reinstatement fee. However, if your license has been revoked, you will need to complete additional requirements and demonstrate that you will be able to drive safely and responsibly once you regain your driving privileges.

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DuPage County criminal defense lawyer

Those who are facing criminal charges often struggle to navigate the justice system. In many cases, defendants are forced to remain in the custody of law enforcement because they cannot afford to pay the amount of bail set by a judge. This has led to increased rates of incarceration for people with low incomes and also people of color. Recently, Illinois took a huge step to reform this system by passing a new law that will eliminate monetary bail, along with a variety of other changes to the criminal justice system.

HB 3653 Addresses Detainee Rights and Police Accountability

House Bill 3653 was passed by the Illinois General Assembly on January 13, 2021. While it has not yet been signed into law, Governor J.B. Pritzker has indicated his support for the changes that the new law will be implementing. Perhaps the most significant change is the elimination of cash bail, which will keep non-violent offenders from being held in prison simply because they cannot pay bail, while also preventing violent offenders from being released because they are able to raise the amount of bail set by a judge. This change will go into effect on January 1, 2023.

The bill also included a number of changes meant to protect the rights of prisoners and those who have been detained by police. Detainees will now be able to make three free phone calls within three hours of being taken to a police station, and these calls can be made before they are questioned by police officers. A person will have the right to retrieve phone numbers from a cell phone before it is confiscated by police. Detainees and prisoners will also be able to receive any necessary medical treatment without unreasonable delays.

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DuPage County criminal defense attorney marijuana possession

January 1, 2020, was a landmark day in Illinois since it marked the legalization of marijuana for recreational use in the state. Currently, marijuana is treated much like alcohol, in that adults over the age of 21 are allowed to possess and use certain amounts of the drug, but they are prohibited from driving while intoxicated. However, even though marijuana has been legalized, people should still be aware that violations of the state’s laws could lead to charges of drug possession or other criminal offenses.

Potential Marijuana-Related Charges in Illinois

Currently, Illinois residents over the age of 21 are allowed to possess up to 30 grams of raw cannabis, up to 5 grams of cannabis concentrates, or cannabis-infused products with up to 500 milligrams of THC. Non-Illinois residents can possess half of these amounts. Authorized medical marijuana users may possess up to 2.5 ounces of raw cannabis or products containing cannabis during a 14-day period. Cannabis and products containing cannabis must be purchased from a licensed dispensary. When transported in a vehicle, marijuana must be kept in a sealed container.

Possession or use of marijuana that falls outside of these legally allowed uses may lead to criminal charges, including:

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DuPage County criminal defense attorney domestic abuse

The COVID-19 crisis has been a global emergency, leading to hundreds of thousands of deaths and millions of hospitalizations in the United States alone. In addition to creating health concerns, the pandemic has affected many other aspects of our lives. The ongoing upheaval people are experiencing has led to concerns about increases in the rates of domestic violence. Those who have been accused of committing these types of crimes will want to work with a criminal defense attorney to understand the nature of the charges they may face and their best strategies for defense.

Domestic Violence During the Pandemic

While the COVID-19 pandemic has had a major impact on everyone’s lives, its full effects will probably not be understood for at least several years. Advocates have raised concerns about the possibility that domestic violence may increase due to a variety of factors. Financial stress due to job losses, as well as difficulties dealing with issues such as school closures, have caused increased tension in some households. Disagreements between spouses, partners, or other family members may get out of control, leading to claims that one person has committed acts of assault or abuse. In addition to these concerns, requirements to stay at home and avoid social gatherings may have isolated some victims of abuse, leaving them with few options to leave a dangerous situation. 

While hard data showing whether domestic violence has increased during the pandemic has not yet been compiled and analyzed, some studies have indicated that instances of violence have been on the rise. Calls to the Illinois domestic violence hotline have increased, with the largest number of calls occurring during the stay-at-home order that took place between March and May of 2020, as well as in the month after the order was lifted. However, some studies have shown that the rates of domestic violence as a whole in the United States have fallen by 50 percent during the pandemic, although some advocates believe that this is because victims are not reporting incidents or are unsure about the resources that are currently available to them.

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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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