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Tag Archives: Illinois criminal defense

DuPage County juvenile defense attorneyThe first juvenile court in the United States was created more than 100 years ago with the idea that minors had the ability to reform their behavior as they matured. However, even with a complete juvenile justice system in place, minors are still being tried and sentenced as adults at an alarming rate. It has been proven that juveniles do not have the same capacity to make good decisions or control their impulses as adults. They are also more susceptible to peer pressure. All of these areas in which minors lack maturity have been proven to contribute to the likelihood of a juvenile committing a crime. In the state of Illinois, any person who is under the age of 18 is considered a minor, though many juveniles can and are still transferred to the adult court system. When a transfer is requested, there are a number of factors that the judge will consider, including:

The Age of the Minor

One of the first factors a judge will look at when deciding if a juvenile should be tried as an adult is the age of the minor. In Illinois, any minor who is under the age of 16 is referred to juvenile court first. Age is a big factor in determining whether or not a juvenile is transferred to adult court, because it can also be a good indicator of whether or not the child will benefit from juvenile court.

The Minor’s History

Next, the judge will consider the minor’s history and background. There are a number of things that could influence a juvenile’s decision to commit a crime. The judge will examine the child’s previous criminal history, any past delinquent behavior, the child’s history with abuse or neglect, and the child’s physical and mental health history.

The Nature of the Offense

The judge will also look at the specific situation in which the alleged crime occurred. Specifically, they will look for evidence that suggests that the crime was done in a premeditated or aggressive manner, whether the minor possessed a deadly weapon during the offense, and whether or not anyone was harmed because of the crime.

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stop and frisk, Cook County criminal defense attorneysA stop and frisk occurs when a policer officer has a reasonable suspicion that you are going to commit or have already committed a crime. Therefore, the officer stops and searches you. Various states across the nation have stop and frisk policies. However, these policies have come under scrutiny as opponents argue that they target people of color disproportionately and are ineffective at curbing violent crime. 

Why Do Police Officers Conduct Stop and Frisk Searches?

The short answer is is that a stop and frisk is conducted in order to gather evidence for a crime in which the police have a reasonable suspicion has occurred or is in the process of occurring. The theory law enforcement relies on is that there are circumstances in which they would ordinarily need to obtain a warrant to conduct a search. However, due to the nature of the crime they are investigating, doing so would substantially impede law enforcement's ability to gather the evidence before it is destroyed or before a member of the public is injured.

Why Are Stop and Frisk Searches Controversial? 

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DuPage County criminal law attorneys, traffic violationsA common way for police to begin a conversation with a suspect is by asking if the suspect knows he or she did something wrong. While some people might think that this is just an officer’s way of breaking the ice, it could be that the police officer is trying to get you to make an inculpatory statement about a traffic violation or a more serious crime.

An inculpatory statement is a statement that acknowledges that a person did something illegal. For example, an officer could be trying to get you to admit to speeding or running a red light.

In this situation, people think that if they admit to something then the officer will let them go. This rarely happens.

Your Answer to the Question

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DuPage County criminal defense lawyer, sealing records, expungementEveryone makes mistakes. Some mistakes can change the direction of our future and potentially haunt us for the rest of our lives. We may even look back after an incident has occurred and wish that we could erase it. Thankfully, the court system has the option to seal or even expunge records. Although these options may not be available in all circumstances, expungement and sealing records have given people a second chance at a better future.

What Can a Criminal Record Affect?

Aside from shaking your self confidence a bit, a criminal record can affect several aspects of your life. Even if you are not convicted of a crime, an arrest and investigation is still a matter of public record and can show up in any background check.

Areas where a negative mark on your background check can effect you include:

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sexting, DuPage County criminal defense lawyer With the rapid growth of technology comes new challenges for law enforcement and lawmakers charged with keeping us safe. One challenge that continues to grow is the popularity of sexting, especially among teens and young adults. While many states still treat sexting with old child pornography statutes, Illinois has a more balanced approach.

Types of Crimes

It is a crime for minors to send or take sexually explicit images with any electronic device. This is a broad term that includes mobile phones and computers. Additionally, it is a crime to list the personally identifying contact information of a minor on any adult obscenity or child pornography website.

Adults who send sexually explicit images to minors also commit a crime under Illinois law. Illinois child pornography laws make it a crime to record or depict minors engaging in sexual acts or simulated sexual acts. Moreover, it is a crime for a parent to allow the conduct to occur. 

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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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