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Tag Archives: Wheaton criminal defense lawyer

wheaton criminal defense lawyerAllegations of domestic violence can have serious consequences for the accused, especially if they result in a conviction for a criminal offense like assault or battery. However, in some cases the consequences can start to take effect much sooner. If you are accused of domestic violence, you could be immediately arrested and detained, and it is important that you understand your rights.

Are Domestic Violence Arrests Mandatory in Illinois? 

Many states have mandatory arrest laws for cases involving allegations of domestic violence, requiring a responding law enforcement officer to take the accused into custody if there is probable cause to believe that domestic violence has occurred. Illinois law is not as strict in this regard, but officers still have the discretion to make an arrest, with or without a warrant, if there is cause to believe that a person has committed an act of domestic violence.

Law enforcement officers are also required to take all reasonable actions to protect an apparent victim from further abuse. Depending on the circumstances, this could include the arrest of the alleged aggressor, as well as the seizure of any weapons that were likely used. Even if an officer does not make an arrest, they are required to file a police report of the allegation and advise the apparent victim of their right to press charges.

If you have no prior history of domestic violence and the incident that the officer is responding to appears to be relatively minor, you may be able to avoid arrest. However, if the incident occurs while you are subject to an order of protection, you will almost certainly be arrested for violating the order, and you could face additional misdemeanor or felony charges.

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wheaton reckless driving lawyerUnder Illinois law, traffic violations range widely from minor offenses resulting only in fines and driver’s license points, to serious crimes that can result in prison sentences and additional consequences. Reckless driving is an example of the latter. However, it can be difficult to know whether you will face this serious charge after an arrest because of the somewhat vague definition of reckless driving. This makes it all the more important to hire an experienced defense attorney as soon as possible.

Reckless Driving Defined

According to the Illinois Vehicle Code, there is one specific offense that constitutes reckless driving: knowingly using an incline on the road to make your vehicle airborne. However, this is far from the only situation in which a person can face reckless driving charges. The definition of the offense also includes any situation in which a driver shows “willful or wanton disregard” for people or property, which may encompass many behaviors related to speeding, ignoring traffic signals, erratically changing lanes, driving in the wrong direction, and more.

A regular reckless driving charge is a Class A misdemeanor, meaning that a sentence could include less than one year of imprisonment and a fine of up to $2,500. Reckless driving is also one of the most serious offenses in the Illinois driver’s license point system, with a value of 55 points. If you have other traffic convictions on your record within a short time, reckless driving could contribute to the suspension or revocation of your license.

If reckless driving causes injury or great bodily harm to another person, the offender can be charged with aggravated reckless driving, which is a Class 3 or 4 felony depending on the circumstances. This can come with a much steeper sentence, including up to five years in prison. Reckless driving charges are also often accompanied by charges for other serious offenses, including aggravated speeding and driving under the influence of alcohol or drugs.

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wheaton criminal defense lawyerAs is common throughout the United States, Illinois outlaws many forms of violent crime. If you are accused of a crime involving harm or attempted harm toward another person, the severity of the charges you face depends in large part on the circumstances surrounding the alleged criminal act. One factor that can significantly increase the severity of a criminal sentence is the use of a deadly weapon in the commission of the crime.

Deadly Weapons and Aggravated Offenses in Illinois

A number of crimes in Illinois become much more serious when a weapon is involved. Depending on the circumstances, a lesser misdemeanor can be increased to a greater misdemeanor or felony, or a felony can increase to one of the most serious charges under Illinois law. Here are just a few examples of crimes that are exacerbated when the perpetrator is armed:

  • Assault - The offense of assault involves knowingly putting someone in fear of being physically harmed. A basic assault charge in Illinois is a Class C misdemeanor, with up to 30 days of jail time and a $1,500 fine. However, using a firearm or deadly weapon in an assault is a Class A misdemeanor, and it can become a Class 4 felony or higher if the weapon is discharged. This could mean three years or more in prison and fines of up to $25,000.

  • Battery - Battery involves knowingly causing someone physical harm or making unwanted physical contact. It starts as a Class A misdemeanor, with up to a year in prison and a $2,500 fine. When a deadly weapon other than a gun is involved, it is a Class 3 felony. When the battery involves the discharge of a firearm, it is a Class X felony, one of the most serious offenses in Illinois, with a prison sentence of up to 30 years or more, depending on the circumstances.

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DuPage County criminal defense attorney expungement

Having a criminal record can impact your ability to gain employment, suitable housing, educational opportunities, and more. A mistake you made in your youth can influence your life years or even decades later. Some individuals have arrests on their record even though they were not actually convicted of the offense for which they were arrested. Fortunately, there may be a way to get your criminal record erased or “expunged” in Illinois. If you do not qualify for expungement, you may still qualify for record sealing.

Qualifying Criteria for Expunging a Criminal Record in Illinois

When a criminal record is expunged, the documentation of the arrest or charges is destroyed. The record will not show up on a background check. It is as if the charges never happened. Many people do not realize that even if they are acquitted of criminal charges or the case is dismissed, there is still a record of the arrest and charges. Fortunately, you may be able to file a petition with the court to have your record expunged. You may qualify for expungement if:

  • Your case was dismissed or acquitted

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DuPage County criminal defense attorney juvenile offense

If you are a minor who has been arrested and charged with a crime or you are the parent of a juvenile offender, you may be unsure of what to expect. You may have heard that children can sometimes be treated the same as adults in an Illinois criminal case but do not know the circumstances under which this can occur. Anyone under the age of 18 is a minor in Illinois; however, there are situations in which a minor may be tried and sentenced as if he or she was an adult. The alleged offense, the offender’s age and background, and other factors can influence where a juvenile case is heard.

Factors Considered by Illinois Judges in Juvenile Criminal Cases

Illinois judges have discretion when it comes to juvenile criminal cases. When determining whether to send a minor to juvenile court or adult court, the judge will consider:

  • The alleged offender’s age – The older the juvenile offender is, the more likely he or she is to be tried as an adult.

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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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