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Tag Archives: Wheaton criminal defense lawyer

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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IL defense lawyerDuring a recent four-year period, there were more than 4,500 motor vehicle crashes in Illinois roadway work zones, with nearly 1,100 injuries and 27 deaths. With those unfortunate statistics, you can see why the State of Illinois and law enforcement take construction zone traffic violations so seriously.

Getting pulled over for excessive speed or texting on your phone in a work zone can prove costly, and put your driving privileges in jeopardy if you have previous infractions on your driving record. Here is a look at what you could face if convicted of a work zone speed limit or phone violation:

Speeding in Illinois Construction Zones

Many drivers incorrectly believe construction zone speed limits only apply if workers are present. The truth is, motorists account for 90 percent of all work zone fatalities, and these limits are primarily posted for the safety of drivers and passengers, typically due to narrow lanes, lane reductions, and edge drop-offs. Traveling at a slower speed gives a driver more time to adjust to these conditions.

Construction zone speed limit signs can be identified by the orange “WORK ZONE” tag atop the standard black-and-white sign. Flashing lights are not required on these signs in Illinois.

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domestic abuse, domestic violence, Wheaton criminal defense lawyer,  domestic violence dispute, order of protectionCell phones have become a staple in our daily lives. We scroll social media, check bank accounts, and send business emails—even when we are in our homes with our families and sitting on the couch. Moreover, cellular devices are extremely helpful in emergency situations, enabling those in danger to contact someone able to help.

For victims of domestic abuse, cell phones may be their only chance at getting to safety. Illinois enacted a new law this year which will have a direct impact on the cell phone bill of anyone involved in a domestic violence dispute.

The New Law

According to the new law that went into effect as of January 1, 2018, anyone approved with an order of protection from a judge can separate their cell phone account from their accused abusers. During the petition for the court order, an alleged victim can request the service. Once approved, the court clerk will then contact the service provider directly, requesting the transfer of that phone number into the victim’s name, free of charge. The request may include any of the children’s phone lines, as well. The provider then has 72 hours to respond to the request. This law is a massive victory for those victims in real danger. Previously, these individuals needed to go to the cell phone company directly and explain their story to yet another stranger, only to discover that transferring the numbers would be costly.

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Wheaton criminal defense attorneyWhen someone is thought to be shoplifting, there are a variety of officials that may become involved. In a mall or retail store setting, the first-responders typically include store employees, store management, and any security officers retained by the establishment. After they have the suspicious person detained, the local police officers then become involved. Just as with police making an arrest, personnel must complete a series of actions before creating a case.

Before Detaining a Suspect

It is important to understand your rights if you are being detained by store personnel or a security officer for shoplifting. Often, these employees overstep their authority, typically either out of their ignorance of what they can do legally or because they are relying on your naiveté of the situation. If they detain a suspect without probable cause, they are opening themselves up for false arrest claims. Therefore, before apprehending anyone, they must:

  • See the item belonging to the store, not brought in from outside the location;
  • Watch that concealment occurs;
  • Never lose visual of the individual;
  • Witness failure to pay for the merchandise; and
  • Observe the citizen leaving the store.

Taking Custody of Suspect

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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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