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The Most Common Drug Crimes in Illinois

 Posted on November 07, 2023 in Drug Charges

DuPage County criminal defense lawyerDrugs are a serious issue in Illinois. Drug offenses are reported to be one of the most common types of crime on a national scale. The crimes come in many forms and carry charges from misdemeanors to felonies. But which drug crimes are the most common? No matter which drug charges you may be facing, it is always a good idea to have an experienced criminal defense attorney available to defend your rights.

Possession of Drugs and Drug Paraphernalia

It is unlawful in the state of Illinois to possess a controlled substance, as is the possession of drug paraphernalia. Possession is the single most common drug charge that prosecutors file each year. Drug possession charges can vary widely depending on the specific drug and how much the defendant possesses.

Illegal drugs can fall under five categories, referred to as Schedules:

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What Kind of Trouble Can I Expect With Credit Card Fraud Charges?

 Posted on October 24, 2023 in Criminal Law

DuPage County criminal defense lawyerCredit and debit cards are incredibly common in today’s society. The same can be said for fraudulent activities associated with these cards. The penalties that come with credit card fraud are entirely dependent on the crimes committed involving those cards. A skilled attorney with experience in credit card fraud defense cases could be your best option in fighting any charges you could be facing for credit card fraud.

What are the Specific Crimes Involved with Credit Card Fraud?

Illinois statute specifically prohibits and penalizes various crimes in credit card fraud cases. Those crimes include:

How Serious Can It Be to Drive on a Suspended License?

 Posted on October 06, 2023 in Criminal Law

Wheaton, IL criminal defense lawyerDriving on a suspended license in Illinois is a serious offense. It is a criminal offense that can result in fines, jail time, and other penalties. The severity of the penalties will depend on the circumstances of the case, such as the reason for the suspension, your driving history, and whether you have any prior convictions for driving on a suspended license.

Anyone who is charged with driving on a suspended license in Illinois should contact a criminal defense lawyer. Even if you think you have a good case, it is important to have a criminal defense lawyer represent you. The prosecution will have experienced lawyers representing them, and you need someone with the same level of experience on your side.

What are the Penalties for Driving on a Suspended License?

The penalties for driving on a suspended license in Illinois vary depending on the circumstances of the case. A first-time offense is typically charged as a Class A misdemeanor, which is punishable by up to 364 days in jail and a fine of up to $2,500. However, if you have prior convictions for driving on a suspended license, or if your license was suspended for certain reasons, such as DUI, you may be charged with a felony.

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Can I Use My Cell Phone to Report an Emergency While Driving?

 Posted on September 24, 2023 in Traffic Law

DuPage County, IL traffic violation defense lawyerIt is illegal in Illinois to drive while using a handheld cell phone, texting, or using other electronic communication devices. This includes laptops, tablets, and other portable electronics. Using one of these devices while operating a vehicle is considered distracted driving. However, there are a few exceptions to this law, including reporting an emergency.

If you are charged with a traffic violation for talking on your cell phone while driving and you were reporting an emergency, you may be able to get the charge dismissed. To do this, you will need to provide evidence that you were reporting an emergency. An experienced traffic violations lawyer can help you secure the evidence you need to fight the charge.

What is Considered an Emergency Situation?

An emergency is a situation that requires immediate assistance because of a threat to life, health, or property. Some examples of emergencies that will allow handheld cell phone use while driving could include:

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Can I Get a Hardship License After a DUI Charge?

 Posted on September 19, 2023 in Traffic Law

DuPage County traffic violations lawyerYou may be able to get a hardship license in the state of Illinois if your driver's license has been suspended or revoked due to a DUI charge. A hardship license, or restricted driving permit (RDP), allows you to drive to certain places at certain times, even if your license has been suspended or revoked.

The process for getting a hardship license in Illinois can be complex and time-consuming. It is important to speak with an attorney if you are considering applying for an RDP. 

Requirements for a Restricted Driving Permit (RDP)

To qualify for a restricted driving permit (RDP), individuals with two or more DUI convictions, two statutory summary suspensions, or one DUI conviction with a statutory summary suspension from a separate DUI arrest must have a breath alcohol ignition interlock device (BAIID) installed in their vehicle. Additionally, those convicted of aggravated DUI stemming from an accident resulting in death, great bodily harm, or permanent disability or disfigurement must also use a BAIID.

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Could You Face Drug Charges if There are No Drugs in Sight?

 Posted on August 28, 2023 in Criminal Law

Wheaton Drug Crimes LawyerIn Illinois, it is prohibited to have illicit drugs such as cocaine or heroin. But what many people do not know is that even if controlled substances are absent, you could still face drug paraphernalia charges. That is because drug paraphernalia could be used for drug-related activities and it could land you in big legal trouble. You need an Illinois attorney who has helped many people in similar situations.

What is Drug Paraphernalia?

According to the Drug Paraphernalia Control Act, objects that are intended for the consumption, storage, or packaging of illegal drugs are considered drug paraphernalia. Here are a few examples: 

What to do if You Were Arrested for Domestic Violence While Defending Yourself

 Posted on August 14, 2023 in Criminal Law

Wheaton Criminal Defense AttorneyThe police can only decide who to arrest during a domestic disturbance call based on what they see after they arrive. What they see may be misleading and not representative of what actually happened. Often, the perpetrator of domestic violence is calm when the police arrive because they have been in complete control of the situation. The victim, however, is more likely to be in a highly emotional state due to having just been assaulted. Additionally, domestic abusers have a tendency to lie and blame the victim in order to avoid being arrested. There have been cases where the police have mistakenly arrested the victim. Famously, Utah police misidentified Gabby Petito as the aggressor in a domestic disturbance just weeks before she was found dead, having been murdered by her boyfriend. If you have been falsely accused of domestic violence while defending yourself, there are steps you can take to protect yourself legally. The first thing you do should be to call an attorney. 

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Defense Strategies Against DUI Charges After Failing a Standardized Field Sobriety Test

 Posted on July 31, 2023 in Criminal Law

Wheaton Criminal LawyerFacing a DUI charge can have serious consequences, but it is important to remember that failing a standardized sobriety test is not an automatic conviction. There are several defense strategies that skilled DUI attorneys can employ to challenge the validity and reliability of these tests. Today, we will explore potential defense strategies to consider when faced with a DUI charge after failing a standardized field sobriety test. 

Questioning the Test Accuracy

Standardized field sobriety tests, such as the walk-and-turn, one-leg-stand, and horizontal gaze nystagmus tests, rely on the subjective interpretation of the arresting officer. Many factors can influence these tests, including poor weather conditions, uneven terrain, physical health conditions, and the individual’s nervousness or anxiety. Challenging the reliability and accuracy of the test results is a potential defense strategy, often by presenting alternative explanations for the supposed signs of impairment. 

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Will a Juvenile Conviction Hurt My Chances of College Admission?

 Posted on July 18, 2023 in Criminal Law

Wheaton Criminal Defense LawyerOne of the major sources of anxiety for many high school students revolves around what they will do after graduating. Times have changed quite a bit since the youth of today’s parents and grandparents were young. A high school diploma is unlikely to help you get the job you truly want. There are fewer options for entering the workforce directly after high school, and the types of jobs that will hire recent high school graduates rarely pay well. For many if not most teenagers, going to college and pursuing a professional career is their preferred option. However, with the high percentage of high school students applying for college, colleges and universities can afford to be far more selective. Unfortunately, this means that applicants who have a pre-existing adjudication of juvenile delinquency are less likely to be selected for admission. If you are facing juvenile criminal charges - or have been charged as an adult - it is critical that you seek skilled legal counsel at once. 

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Can I Own Firearms After a Criminal Conviction?

 Posted on June 19, 2023 in Criminal Law

Wheaton Gun Crimes LawyerJail time is not the only penalty or consequence of a criminal conviction. You may feel other impacts in your life because you have a criminal record. One potential effect is the loss of your ability to own a firearm, depending on your type of conviction. An Illinois criminal defense attorney can advise of what may happen if you are convicted and your possible legal options. 

Forcible Felony Convictions Means the Loss of Gun Ownership Rights

In Illinois, each gun owner must have a valid Firearm Owner’s Identification card (FOID). Without a FOID, you cannot legally buy or own a gun. One of the rights that you lose as a result of a forcible felony conviction is your ability to own or buy a gun. When you are convicted of a felony, your FOID will be revoked. If you already have a gun, you will need to give it up to avoid weapons charges. You may be able to keep your firearms if the conviction was not forcible. 

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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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