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Tag Archives: Wheaton criminal defense lawyer

DuPage County weapons violation defense attorney

The United States has always had an interesting culture surrounding firearms, one that the majority of the rest of the world does not quite understand. The Second Amendment to the U.S. Constitution states that citizens are given the right to bear arms, but firearm ownership is very much a state issue. In Illinois, citizens can legally purchase and own a firearm once they have applied and been approved for a firearm owner identification (FOID) card. However, gun violence is still an issue across the country and in Illinois. This is why the state passed a so-called “red flag” law in an attempt to temporarily prevent those with access to guns from committing violent criminal acts.

What Are Red Flag Laws?

Red flag laws, which are also sometimes called extreme risk laws, are not unique to the state of Illinois. In fact, Illinois was one of the most recent states to pass a red flag law and only just passed the law in 2018. Although red flag laws differ from state to state, they all aim to temporarily remove firearms from individuals who pose a risk to others. In some states, only certain people, like police officers or other law enforcement officials, can file a petition to remove a person’s firearms.

Firearms Restraining Order Act

Illinois’ version of a red flag law, which is referred to as the Firearms Restraining Order Act, went into effect at the beginning of 2019. In Illinois, a petition to remove a person’s firearms can be filed by a family or household member or by a police officer who believes that the person poses a threat to themselves or others by having a firearm in his or her possession. Once the petition is filed, a judge must hear the petition as soon as possible. If the judge decides that there is enough evidence to establish that the person is indeed a threat to himself or herself or to others, then the court will issue an order to remove any and all firearms from the person’s possession.

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DuPage County expungement attorney

One of the most common questions people ask after they have come into contact with the criminal justice system is whether or not their criminal record can be cleared. Even if you were not actually convicted of a crime, you can have a criminal record if you were arrested or charged with a crime. This record can affect future employment opportunities, housing availability, and other people’s opinion of you. Depending on the circumstances of your case, expunging your criminal record may be an option for you.

Do I Qualify for Expungement?

Typically, the most favorable method of clearing your criminal record is expungement. If you are able to have your record expunged, your criminal record will be erased, as if it never existed. Because of this, there are certain requirements that your record must meet to qualify for expungement. Entries on a criminal record that qualify for expungement include:

  • Arrests that did not result in a conviction

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Wheaton, IL criminal defense attorneyThere has always been some sort of tension between the general public and authority figures in the United States. The perception of law enforcement can quickly change when events such as police shootings take place or reports of police officer negligence are made available to the public. While an encounter with a police officer can be stressful and anxiety-inducing, it is important for you to know your rights in these situations. Improper actions could result in serious criminal charges, such as resisting arrest or noncooperation. Listed below are a few important facts you should know about interacting with the police:

  • You can get in trouble for resisting the officer. One of the worst things you could do when a police officer stops you is to not cooperate with him or her. After being stopped, it is okay to ask if you are free to go; if the officer says no, that means you are being detained or arrested. Being detained is not the same thing as being arrested, but compliance with the officer is still required. Noncompliance or directly disobeying an officer can result in criminal charges that carry fines or jail time.
  • There are certain questions that you must answer if police ask. Most people know that they have the right to remain silent if a police officer begins to ask questions. However, there are certain questions that may require an answer. For example, if you are detained or arrested, an officer may ask for your legal name, age, date of birth, address, or Social Security number. If you do not provide this information, additional trouble and delays in the arrest process may result.
  • Police must read your Miranda Rights. Although a majority of Americans may be aware of their Miranda Rights, there is often some confusion about the legalities attached to these rights. Police officers will have to read your Miranda Rights, but only after you have been arrested and before they begin to question you. Your Miranda Rights include your Constitutional right to remain silent, a statement that anything you say can and will be used against you, and your right to an attorney.
  • Your right to remain silent is a valuable tool. Once you have been read your Miranda Rights, you are not required to provide any information, even if police try to question you. In many cases, it is best to wait for your attorney before you speak. Any information that is revealed because of force by an officer may be inadmissible in court.

A DuPage County Criminal Defense Attorney Can Further Advise You

Being arrested can turn into a long and complicated process, even if you have not been charged or convicted of a crime. Any arrest will create a criminal record that can be seen on a background check. If you have been arrested in Illinois, you should contact a skilled Wheaton, IL criminal defense lawyer. Violations of proper procedures during an arrest could make any evidence or confession inadmissible. To schedule a free consultation, call our office today at 630-580-6373.

Sources:

https://www.isba.org/sites/default/files/publications/pamphlets/Arrested.pdf

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DuPage County violent crimes defense attorney

Some of the most common violent crimes in Illinois and throughout the United States are assault and battery charges. Statistics show that in 2017, there were an estimated 810,825 aggravated assaults in the United States. Although people often use these terms interchangeably in everyday conversation, they cannot be misused in the criminal justice realm. If you have suffered from a violent crime, it is important to understand how you have been victimized.

Assault and Aggravated Assault

In Illinois, a person can be guilty of assault if he or she knowingly engages in conduct that would lead another person to believe that physical harm could result. This means that contact does not have to be made for assault to be charged. For example, a verbal threat or a simple fist-raising can be enough to initiate an assault claim.

Although assault is classified as a misdemeanor crime, aggravated assault can be charged as a felony if certain factors are present. For example, the victim’s age and occupation could lead to penalties being more severe. In addition, the location of the assault can also increase the charges to aggravated assault. Locations such as a sports venue, public way, or public place of amusement or accommodation can all lead to aggravated assault charges.

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DuPage County weapons charges defense attorneyLike many states across the United States, Illinois has strict gun laws in place that are meant to protect its citizens. To legally possess or purchase a firearm, you must obtain a Firearm Owners Identification (FOID) card and meet all eligibility requirements. Even then, there are many rules that you must follow when owning and possessing a firearm. Other weapons, such as knives, brass knuckles or bludgeons, are strictly regulated in Illinois. If you are charged with unlawful use of a weapon (UUW) in Illinois, you could face misdemeanor or felony charges, depending on the situation. 

Misdemeanor UUW Charges

In certain situations, a UUW will result in a misdemeanor charge. You can be charged with a UUW misdemeanor if you:

  • Sell, manufacture, purchase or possess a black-jack, slung-shot, bludgeon, sand bag, knuckle weapon, sand-club, ballistic knife, or switchblade knife;

  • Carry or possess with the intent to use a dirk, dagger, dangerous knife, stiletto, billy, razor, broken bottle or piece of glass, taser or stun gun, or any other dangerous weapon;

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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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