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Tag Archives: Wheaton criminal defense lawyer

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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DuPage County criminal defense attorneyThe latest fad of today is Pokémon Go. The smartphone app was anticipated for years, and, within 24 hours of its launch, millions of Americans were out of their houses and into the streets trying to “catch ‘em all.” The game is simply a phenomenon, and all players are discovering new ingenious ideas on how to capture more pocket monsters. Some have even been playing the game while behind the wheel, resulting in distracted driving.

“Stay Aware of Your Surroundings”

As the game loads on your device, there is a charming picture of a Pokémon jumping at an unsuspecting trainer, reminding you, “Remember to be alert at all times. Stay aware of your surroundings.” Recent updates to the game even remind users not to play while driving.

The creators intentionally put these warnings in as a way to remind players to use the game carefully. There are a growing number of daily incidents of players injuring themselves or those around them, as well as some players even risking death as a result of poor decisions. Therefore, it stands to reason that with the growing popularity of the game, the applicable laws must again be explored.

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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
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Address321 N. Clark Street, Suite 900, Chicago, IL 60654
Phone(312) 985-5676
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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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