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Can I Go to Jail if I Sold Alcohol to a Minor with a Fake ID?

 Posted on February 20, 2025 in Criminal Law

DuPage County, IL Criminal LawyerWhile most teenagers know that it is illegal for minors to buy alcohol, many do not stop to think about how others suffer if they use a fake ID to buy it anyway. Store clerks, bartenders, and business owners who respect the law will check customers to make sure they are of legal age to buy and drink. However, if you are given very realistic fake IDs and unintentionally sell alcohol to minors, you could end up in serious legal trouble, and you will need a qualified Illinois criminal defense attorney to help.

How Does Illinois Punish Selling Alcohol to a Minor with a Fake ID?

According to Illinois law, it is illegal to sell or even give alcohol to anyone who is younger than 21 years old. Liquor store workers, bartenders, waiters, business owners, and homeowners are all obligated to follow this law, and a fake ID does not change that. According to the law, if you sold or gave alcohol to someone you should reasonably have known was underage despite what the realistic ID said, you can still be held accountable, and you could even go to jail for it.

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If I Am a Person of Interest in a Criminal Case, What Can I Expect?

 Posted on February 10, 2025 in Criminal Law

DuPage County, IL Criminal LawyerAnyone who likes watching cop shows or listening to true crime podcasts has probably heard the term "person of interest," but many have never stopped to think about what it might feel like to actually be named one in a criminal case. This designation means that the police investigating a crime believe you have information that could be helpful to their investigation. It does not mean you are a suspect, although it can put you under the spotlight and you may be unsure about your legal obligations. A knowledgeable Wheaton, IL criminal defense lawyer can help you navigate this situation while protecting your rights.

What Does "Person of Interest" Mean?

"Person of interest" is not actually a formal legal designation, but it is a term that law enforcement officers use to describe someone who is under scrutiny as they investigate a crime. This is not the same as a suspect, who they believe may have committed the crime. Instead, it might be someone connected in some way to the case, a suspect, the victim, or someone who might, for some other reaso,n have information that could help solve the case.

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Can I Go to Jail for Being at a Political Protest?

 Posted on January 23, 2025 in Criminal Law

DuPage County Violent Crimes LawyerWith a new president sworn in after a contentious election, not to mention various global developments that people feel passionately about, we can expect to see political protests in and near major cities across the country in the coming weeks and months. Additionally, DuPage County is home to several colleges and universities. Since these tend to be common locations of such protests, we can expect to see many in our own backyard, on either side of the political spectrum. 

Political protests are legal and included in the free speech protections established in the First Amendment of the U.S. Constitution. However, when protests get out of hand and become violent riots, protestors can find themselves facing criminal charges. If you intended to demonstrate as part of a peaceful protest but are facing charges because other people turned the event into a chaotic riot, contact an Illinois criminal defense lawyer to understand your rights and options.

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Is It Illegal to Own a Ghost Gun in Illinois?

 Posted on January 10, 2025 in Criminal Law

DuPage County Gun Crimes LawyerGhost guns are a great example of a product existing in the market before the law has had a chance to catch up and address it. These are real, functional firearms that you can assemble at home, typically with kits that you can buy online and parts that you can 3D print for yourself. The resulting guns are fully functional but because they are not traditional firearms, they are unregistered and do not have serial numbers, and are therefore untraceable.  

With ghost guns becoming more prevalent in recent years, there is some confusion about legal implications and regulation. If you are facing weapons charges related to the possession of a ghost gun, speak with a qualified Wheaton, IL criminal defense lawyer who can explain your options.

How Do Ghost Guns Work?

Ghost guns are the DIY version of firearms. The idea is similar to how you can either go to a furniture store to buy a closet that will be delivered to your home ready-to-use or go somewhere like Ikea to buy a kit to build your own closet. You can go to a store to buy a gun, but depending on where you are, you can be subject to a waiting period and a background check, and your gun and its serial number will be registered to you. 

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How Can Police Misconduct Impact My Illinois Case?

 Posted on December 23, 2024 in Criminal Law

DuPage County, IL Criminal Defense AttorneyPolice officers are meant to serve and protect the community. Many of them do this important job well. However, some officers abuse their power. When police misconduct happens, it can lead to false charges, unfair treatment, and even wrongful convictions. When you work with Davi Law Group, LLC, you can benefit from legal guidance from our team of experienced Illinois criminal defense attorneys who are committed to defending our clients against criminal charges and fighting back against police misconduct.

What Is Police Misconduct?

Police misconduct is when police officers break the law or violate someone’s rights when they are supposed to be doing their job and upholding the law. This can take many forms, including:

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5 Common Pretrial Motions in Illinois Criminal Cases

 Posted on December 10, 2024 in Criminal Law

DuPage County, IL Drug Charges LawyerBeing charged with committing a crime in Illinois does not mean you begin a trial right away. Before a trial can even start, there is the "pretrial" stage, which includes several important steps, including pretrial motions. 

Either side in a case - the defense and the prosecution - can make these requests to the judge before the trial starts, and they can have a significant impact on how the trial plays out. If you are facing criminal charges, speak with a qualified Wheaton, IL criminal defense lawyer to understand how best to protect your rights.

What are Pretrial Motions?

A pretrial motion is a formal request made by either side in a case to the judge to decide about something before the trial begins. Motions can ask the judge to dismiss a case, exclude certain evidence, or establish specific rules about how the trial will proceed. The judge reviews the request and decides whether to grant or deny the motion. Pretrial motions have the potential to greatly impact a trial, or whether the case will even go to trial at all.

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Does Social Media Play a Role in Illinois Criminal Cases?

 Posted on November 25, 2024 in Criminal Law

Wheaton, IL criminal defense attorneySocial media holds an important position in most people’s daily routine, and like any other part of life, it can play a significant role in criminal cases as well. It can serve as evidence in an investigation and in court and can be a potential source of liability for defendants. Illinois law has specific guidelines that impact how social media content can be used in criminal cases. To learn more, speak with a qualified DuPage County, IL criminal defense lawyer.

When Is Social Media Evidence Admissible in Court?

Illinois has certain rules for what can be used as evidence in a case. Social media content can be admitted as evidence in a criminal case if it meets certain criteria for authenticity and reliability.

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How Can Illinois’s Ban the Box Law Prevent Discriminatory Hiring?

 Posted on November 07, 2024 in Criminal Law

Wheaton, IL criminal defense lawyerMany 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.

What Does "Ban the Box" Mean?

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.

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The Rising Role of Mental Health in Criminal Defense

 Posted on October 29, 2024 in Criminal Law

DuPage County, IL Criminal Defense LawyerGetting 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.

Can Mental Illness Make Someone Unable to Stand Trial?

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.

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Navigating Illinois’s Criminal Court Process

 Posted on October 14, 2024 in Criminal Law

Wheaton, IL criminal defense lawyerIt 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.

Police Investigation and Arrest

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.

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