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Tag Archives: DuPage County criminal defense lawyer

Il defense lawyerAnyone under the age of 18 is a juvenile. When adolescents choose to break the law by participating in juvenile theft or other harmful behavior, we call this juvenile delinquency. In most cases, children who find themselves in trouble do not qualify for adult punishments, yet the consequences can have lasting effects. Currently, the United States faces an epidemic of juvenile delinquency. Crimes committed by one or more teens account for 20% of all criminal activity. This upward trend has experts searching for causes and the best methods of prevention.

The Expert Opinion

There is a constant debate as to what influences our behavior most, is it the genes we inherit from our family or our surroundings. Most experts agree that both play a pivotal role in our behavior choices. Children, teens, and young adults, however, are often more influenced by their surroundings. Adolescents make decisions directly relating to what is going on with their family members, friends, and their peers. These influencers are intensified by the accompaniment of a desire for material things, fashion trends, peer pressure, and financial lust, to name a few. Although any child can make a mistake that can result in legal consequences, the risk is higher when intensified by a background of:

  • Poverty;
  • Repeated exposure to violence;
  • Drugs;
  • Firearms;
  • Unstable family;
  • Family violence;
  • Delinquent peer groups; and
  • Media violence.

Suggested Preventative Measures

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IL defense lawyerCocaine is considered one of the most addictive of all controlled substances; second only to heroin. The drug has medical usefulness, such as during anesthesia, but on the streets, it is highly illegal. Cocaine not only has severe and lasting physical effects on the body but can also result in lasting legal repercussions. Illinois state laws and lawmakers have stiff penalties in place to deter residents from becoming involved. Here is what to expect should you face cocaine possession accusations in Illinois.

Potential Penalties

Being found in possession of a controlled substance is a felony. Controlled substances in Illinois include heroin, cocaine, morphine, amphetamines, and anabolic steroids, to name a few. The potential penalties vary between drugs as well as the amount of the material thought to be in the suspect’s possession. Possession of cocaine is a Class 1 felony, which is punishable by a minimum fine of $200,000 as well as time in prison. The length of the prison sentence increase with the amount of cocaine found at the scene. Currently, the sentences are:

  • 15g-99g: Between 4-15 years in prison;
  • 100g-399g: Between 6-30 years of imprisonment;
  • 400g-899g: Between 8-40 years of imprisonment; and
  • 900g or Higher: Between 10-50 years of imprisonment.

The Burden of Proof

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DuPage County criminal defense lawyer, smart technology in court, Fourth Amendment rights, Fifth Amendment rights, criminal investigatorsAs technology advances, our lives seemingly become easier. We track our movements and sleep habits with products like Fitbit. We run searches, order new bedding, and schedule appointments by the sound of our voice using Siri and Alexa. Even hearts have technological assistance from pacemakers. Yet while these devices simplify our daily activities, they also simplify investigations for police officers. Your smart technology can and will be used against you in a criminal case.

Pacemakers

As one man discovered in 2016, the ever-present “Big Brother” has a location inside of pacemakers as well. According to the man, he was asleep when his Ohio home caught on fire. He quickly packed a suitcase with clothes, several other bags with various items, his computer, and a charger for his medical device. He then used his cane to break a window, toss out the belongings, and flee the burning home. The police became suspicious of the man when his story changed details. Additionally, both he and his house smelled of gasoline, and the fire had multiple starting points, which is highly unusual. Police retrieved data from the suspect’s pacemaker which, after medical analysis, did not match up with the man's version of what happened. The case is still awaiting trial.

Fitness Trackers

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DuPage County criminal defense lawyer, weapons legislation, Florida school shooting, gun laws, weapons chargesWithin the last decade, Illinois gun laws have relaxed as handguns are no longer banned and the gun registry program has fallen by the wayside. However, in the wake of the recent Florida school shooting, Illinois residents urge state and federal lawmakers to make a change to the current weapons legislation.

The Second Amendment

United States citizens have the right to keep and bear arms according to the U.S. Constitution. Explicitly, the Second Amendment says, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” It is because of these unalienable constitutional rights that the handgun ban is no longer in practice.

The Supreme Court ruled that "The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home." McDonald v. City of Chicago (2010).

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suspended driver’s license, revoked driver’s license, DuPage County criminal defense lawyer, DUI, driving privilegesIf you are caught driving on a suspended or revoked license in the state of Illinois, there may be very serious consequences that follow. You may lose future employment opportunities, lifelong driving privileges, and quality of life. Therefore, it is important to understand the consequences of driving on a suspended or revoked license, as to prevent lost opportunities in the future.

Consequences of Driving on a Suspended or Revoked License

A suspended or revoked license may result from driving under the influence. However, depending on how many times an individual is caught driving with a suspended or revoked license, the charges become more severe.

  • If an individual is convicted for the first time, he or she may be charged with a Class A misdemeanor, 10 days in jail or 30 days of community service, fines of no more than $2,500, additional suspension or revocation of the driver’s license, and potential seizure of the vehicle.
  • For the second conviction, the individual may be faced with a Class 4 felony, a minimum of 30 days in jail or 300 hours of community service, additional suspension or revocation of the driver’s license, and potential seizure of the vehicle. If the individual committed reckless homicide, DUI, refusing a chemical test, or leaving the scene of the accident that caused serious injury or death, then he or she could be faced with a Class 2 felony.
  • If the individual is convicted for driving on a suspended or revoked license for the third time, then he or she may be charged with a minimum of 30 days in jail or 300 hours of community service, and additional suspension or revocation of the driver’s license, and potential vehicle seizure or forfeiture. If the individual committed reckless homicide, DUI, refusing a chemical test, or leaving the scene of the accident that caused serious injury or death, he or she may face a Class 1 felony.
  • For the fourth through the ninth convictions, the individual may face a Class 4 felony, a minimum of 180 days in jail, additional suspension or revocation of the driver’s license, and potential vehicle seizure. If he or she committed reckless homicide, DUI, refused a chemical test, or left the scene of the accident that caused serious injury or death, he or she may face a Class 1 felony.
  • For the tenth through fourteenth convictions, the individual may face a Class 3 felony and may not be eligible for probation. He or she may face additional suspension or revocation of the driver’s license, as well as possible seizure of the vehicle.
  • For the fifteenth and other subsequent convictions, the individual may face a Class 2 felony, and may not eligible for probation. His or her driver’s license may be suspended or revoked for additional time, and the vehicle may be seized.

Call a Wheaton Criminal Defense Attorney

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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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