Chicago
Wheaton
Blog
Many people mistakenly think that if you are convicted of a crime, you serve your time and then put the past behind you. In truth, a past conviction can impact your life in many ways long after you complete your sentence. For example, many people with a criminal record face serious challenges when looking for a job.
Illinois’s "Ban the Box" law was designed to remove this barrier and prevent a criminal background from causing a person to remain jobless. If you have been facing similar challenges in your efforts to start a new chapter in your life, speak with an experienced Wheaton, IL criminal defense lawyer to learn more.
A common question on many job applications is some variation of: "Have you ever been convicted of a crime?" When an applicant honestly responds, "Yes," it often prevents them from moving forward in the interview process. Officially known as the Job Opportunities for Qualified Applicants Act, the Ban the Box law aims to get rid of that question.
Getting arrested and facing criminal charges can be extremely stressful under typical circumstances. When the person getting arrested suffers from mental health issues, the anxiety and distress can be even more challenging. As awareness of mental illness and its effects on decision-making and conduct has been slowly increasing, so has the prevalence of incorporating it into criminal defense strategies. If you are concerned about possible criminal charges, speak with a knowledgeable Wheaton, IL criminal defense lawyer about your relevant mental health conditions.
People who are unfit to stand trial, especially if they cannot understand the proceedings and their implications, are not forced to do so. The defense can request a mental health evaluation to examine the defendant’s competency. If he or she is found incapable of standing trial, the case can be suspended and the defendant might be sent for mental treatment.
It can be overwhelming when you are arrested and charged. With so many questions swimming around in your head about what’s going to happen to you and what it might mean for your future, knowing what to expect in the criminal process can help. While you cannot control the outcome of your criminal proceedings, you can be prepared to face each stage of the process.
While each case is unique and might be slightly different, the stages described here are commonly part of the process. If you believe you might soon be facing criminal charges and an arrest, speak with an experienced Wheaton, IL criminal defense attorney who can help you understand your options, explain what to expect, and build a strong case to advocate on your behalf.
The first step in a criminal proceeding is generally a police investigation. This can take the form of questioning, a search of someone’s belongings, or a traffic stop. If the police demonstrate to the court that they have probable cause to assume that a defendant committed a crime, they can arrest him. The police need to issue a Miranda warning when they make their arrest and inform the suspect of the right to remain silent and be assisted by an attorney.
It is easy to imagine how you can get accused of attacking someone else when you are actually defending yourself against the other person and fighting back to avoid getting hurt. However, since so many people charged with assault commonly claim they were merely acting in self-defense, it is important to know what is considered a valid self-defense argument in an Illinois court.
If you might be facing accusations of assault, speak with an experienced DuPage County, IL criminal defense lawyer to understand the consequences and discuss your options.
According to Illinois law, you are permitted to use force against someone else if you have sufficient reason to believe that you need to do so to protect yourself or another person.
If you are under the age of 21, you cannot legally be served alcohol in America. There are also certain places like nightclubs and bars that people younger than 21 cannot even enter. To get around this, people sometimes borrow an older friend’s ID or use a fake ID. While you might think that so many people do it and it is not that big of a deal, the truth is that you could face serious criminal charges if you are found in possession of a fake ID. If that happens to you, speak with a skilled Wheaton, IL criminal defense lawyer to understand your options.
Illinois has laws criminalizing the possession, use, or manufacture of fake IDs. You can be charged with a felony or misdemeanor depending on the specific circumstances of your case, as follows.
A recent federal ruling declaring the legality of police forcing suspects to unlock their phones using a thumbprint scan raises interesting questions about criminal procedures and self-incrimination. The police are authorized to make you use your biometrics so they can access your phone, even if there is potentially incriminating information on it. If you are suspected of committing a crime, speak with a knowledgeable DuPage County, IL criminal defense lawyer to understand your rights and how this ruling might affect you.
The Fifth Amendment in the Constitution is one of the most invoked amendments by defendants in court cases because it states that no one can be forced to incriminate themself. If you know that an answer to a question you are asked under oath can make you appear guilty, you can "plead the fifth" and refrain from answering.
If you get pulled over by a police officer in Illinois, you might hear them say: "Roll down your window." While it might seem like a suggestion, it is not actually a request. It is part of a law aimed at ensuring safety during traffic stops. Knowing why you should roll down your window and how it could affect you can make your interaction with law enforcement smoother and safer. If you were pulled over by a police officer and are wondering whether there is anything for you to do moving forward, contact a qualified Wheaton, IL criminal defense attorney to find out more.
In Illinois, when a police officer pulls you over on suspicion of a traffic violation, he might ask you to roll down your window. This law is in place to help drivers as well as officers stay safe during traffic stops. Here is how:
The state of Illinois has been involved in efforts to reform its bail system. The motivation for these reforms has been the desire to create a criminal justice system that is more fair and equitable. However, when facing criminal charges, reforms can make the process more confusing, with things not going as expected. If you are facing criminal charges, speak with a seasoned DuPage County, IL criminal defense lawyer who can explain how the reforms might affect you.
Wealth-based inequality happens when two people are charged with the same crime, but one needs to spend the pretrial period in detention, and the other is free to go home simply because his family has access to money that can be put down as bail. The bail system reforms in Illinois were made in an attempt to address this inequality and unfairness in pretrial detention policies, offering alternatives to monetary bail. Key aspects of the bail reform include:
Most DUI charges across the United States are based on the results of a breathalyzer test. The legal limit in every state except one is 0.08 percent (Utah is 0.04 percent). Historically, drivers were warned that submitting to a breathalyzer test gave the state evidence to use against them during prosecution. More recently, however, many issues have been found with breathalyzer machines that an experienced lawyer can use to reduce or even potentially dismiss DUI charges.
In "implied consent" states like Illinois, refusing a breathalyzer test will result in a driver’s license suspension. Because of this, it can be better to take the breathalyzer test than let a lawyer argue against the inadmissibility of the results. Regardless of whether a driver submits to a breath or blood test or refuses, the best step to take following DUI charges is to immediately contact an experienced Wheaton DUI/DWI attorney from Davi Law Group, LLC. When defendants have a strong legal advocate in their corner, the probability of a positive outcome increases exponentially.
It can be extremely distressing to get arrested and charged with a crime. It often comes as a surprise, and you are not mentally prepared to deal with the arresting officers. You might not be aware of your rights, demands you can make, things you can refuse, and ways to make the entire situation go smoother. You are likely afraid about what this arrest means for your future, and you might not realize that there are mitigating factors that can help your case. This article will go over the ways mitigating factors can impact defense, but if this is personally relevant to you, make sure to speak with a skilled DuPage County, IL criminal defense attorney to find out more.
Every accusation, crime, arrest, and charge is unique because humans are unique and do not all fit nicely into specific categories. For example, two people can be pulled over for speeding. If one driver is a repeat offender and the other has a clean driving record, the two might face different consequences. If two people are caught stealing, but one was armed during the robbery and the other was not, the unarmed robber will likely face lighter penalties. Mitigating factors can impact your sentence significantly. Some common mitigating factors include:
A lawyer’s time and advice are his stock and trade.
28371 Davis Parkway, Suite 103, Warrenville, IL 60555
(630) 657-5052
(888) 350-9195
1776 S. Naperville Road, Building A, Suite 105, Wheaton, IL 60189(630) 580-6373(888) 350-9195
321 N. Clark Street, Suite 900, Chicago, IL 60654(312) 985-5676(888) 350-9195
58 N. Chicago Street, Suite 102,(815) 582-4901(888) 350-9195
