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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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DuPage County criminal defense lawyer, weapons legislation, Florida school shooting, gun laws, weapons chargesWithin the last decade, Illinois gun laws have relaxed as handguns are no longer banned and the gun registry program has fallen by the wayside. However, in the wake of the recent Florida school shooting, Illinois residents urge state and federal lawmakers to make a change to the current weapons legislation.

The Second Amendment

United States citizens have the right to keep and bear arms according to the U.S. Constitution. Explicitly, the Second Amendment says, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” It is because of these unalienable constitutional rights that the handgun ban is no longer in practice.

The Supreme Court ruled that "The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home." McDonald v. City of Chicago (2010).

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battery charge, hate crime, DuPage County cybercrimes attorney, cyberstalking, cyberstalking chargesAssault and battery are commonly misconstrued and incorrectly linked together as the same. A battery charge is a physical act of harming another individual. Assault is a verbal or other communication that leads a reasonable person to believe that battery may occur. Both of these charges have been in existence for years, however. With the emergence of the Internet and the advancements of social media, threatening behavior has a new outlet. This year, new laws make cyberstalking more than just annoying, it may be deemed and punished as a hate crime under the right circumstances. 

Cyberstalking as a Hate Crime

The definition of cyberstalking is threatening behavior or unwanted advancements directed at someone else by using the Internet or other forms of online communications. It is deliberate, persistent, and personal.

In general, if the behavior becomes threatening enough to another person, cyberstalking charges may ensue which are punishable as a class 4 felony. The charges escalate to a hate crime if any of the following actual or perceived factors come into play: 

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Wheaton shoplifting lawyer,  sweethearting, sweetheart shoplifting, theft, Illinois shopliftersShoplifting is an epidemic throughout our country. Some individuals convicted of the crime explain they only did it to feed their families, indicating a community failure to aid those in need of assistance. Others do it for the sheer thrill of the experience. No matter the reason, statistics show shoplifting is only caught once in 48 incidents. Despite these dismal numbers, management watches security cameras only 1 percent of the time, enabling a new rise in shoplifting by customers and employees alike. 

Sweetheart Shoplifting 

“Sweethearting” is the term coined for incidents where an alleged thief pays for some but not all of his or her items. This maneuver is completed solely by the shopper, or while working in conjunction with the cashier. The two most common situations include the following:

  • The shopper puts all but a few items on the conveyor belt for the cashier to scan, leaving one or two unnoticed items in the cart, thus walking out of the door without paying for those items; or
  • The cashier gives the customer a “sweetheart” of a deal by intentionally not scanning all of the merchandise, either by bypassing the scanner or covering the barcode.

How Big is the Problem?

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DuPage County driver’s license defense lawyer, driver’s license suspension, license revocation, DUI, driving privilegesThe loss of one's driving privileges can present a considerable obstacle in daily life. While you once had reliable transportation for work and appointments, you must now rely on friends or public transport. Moreover, the loss of your driver's license can additionally result in showing up late to work, and thus decrease your employability. Unfortunately, driver’s license suspension or revocation does not always occur only because of poor driving habits. If you find yourself in financial hardship, licensure loss may follow.

What Actions Result in Suspension?

Driving under the influence is one recognizable behavior likely to result in a suspension of driving privileges. However, a there is a surprising list of other actions that result in a loss of driving rights but are not road-related.

Your privileges may be temporarily withdrawn the Illinois Secretary of State with any of the following behaviors:

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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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