Davi Criminal Law Blog

Blog Authors

Latest from Davi Criminal Law Blog

Just as in the vast majority of the United States, the legal limit for blood alcohol concentration (BAC) in Illinois is 0.08 percent. If someone has a BAC of 0.08 percent or greater, they are considered to be intoxicated. Blood alcohol testing is usually a crucial component in a drunk driving case. The prosecution will have a very hard time securing a conviction for driving under the influence (DUI) without a blood test. 
However, alcohol blood tests are not always as reliable as you might think. Human error, product defects, and other problems can cause inaccurate results. If you or
Continue Reading Are DUI Blood Tests Always Accurate?

People change. Often, the person that someone was in the past bears almost no resemblance to the person he or she is today. Unfortunately, a criminal record can negatively impact someone’s life long after the alleged crime. Employers are less likely to give a job to someone with a criminal past. Similarly, landlords may refuse housing to an individual accused of a crime. Neighbors and community members may also prejudge the person before even meeting him or her. All of these factors can make it nearly impossible for an individual accused or convicted of a crime to move on.

Continue Reading Do I Qualify for Record Sealing or Expungement?

Fake pills laced with fentanyl are being seized at record rates across the nation and Illinois is no exception. Fentanyl supply is also up in the state. If your troubles revolve around drug crimes you could be facing extremely serious charges. You may have been caught up with the wrong crowd, but whatever your situation, we are here to try to help.

Intent to Sell
Illinois makes possession of drugs a felony in all cases, with the exception of marijuana. If you are arrested for drug trafficking you will also be charged with the intent to distribute the drugs. And
Continue Reading Caught with Fentanyl: Defense Strategies

With so much construction underway as Rebuild Illinois continues full steam ahead, it is easy to get frustrated with delays. You may be used to a certain schedule and are having trouble adjusting to the lower speed limits around construction zones. However, exhibiting even a small lack of patience through those areas can have you dealing with a traffic violation that will tarnish your clean driving record.
Protecting Drivers and Construction Workers
Nearly 7,000 motor vehicle accidents occur in Illinois work zones leading to more than 1,600 injuries. Last year, 25 people died in construction zones in Illinois and none
Continue Reading I Got Caught Speeding in a Construction Zone

One of the first attempts made by an officer to discern whether a detainee at a traffic stop is under the influence is often field sobriety testing. Field sobriety tests are used to measure an individual’s level of impairment, and to build evidence to be submitted to a court of law following an arrest for DUI. Yet, the methods used in field sobriety testing are imperfect and frequently, the results are influenced by environmental, medical, or other factors that may negate the test’s effectiveness. The imperfections in these testing techniques lie in the fact that these tests are
Continue Reading 5 Factors That Can Invalidate a Field Sobriety Test

On its face, the crime of assault seems very simple. Most people think of assault as almost synonymous with “attack,” when it really is not. Some people are perplexed when they learn that they have been charged with assault due to this confusion. We frequently hear defendants wonder why they are facing assault charges because they did not hit, push, or even make physical contact with another person. Hitting, pushing, or purposely injuring someone would fall under the umbrella of “battery.” “Assault” on the other hand, simply refers to the act of making someone believe that you are about to
Continue Reading Understanding Your Illinois Assault Charges

Having a juvenile criminal record can certainly have an impact on your future. When you go to apply for colleges or jobs after high school, your juvenile record is likely to come up. However, a juvenile record can typically be expunged or sealed fairly easily in adulthood. If you stay out of trouble as an adult, your juvenile convictions can easily be forgiven or brushed off as a youthful mistake. If you are charged as an adult, however, your conviction can follow you for the rest of your life. You may be sent to jail or prison with adult offenders.
Continue Reading If I am a Minor, Could I be Tried as an Adult in Illinois?

A drug-related felony conviction can change your life. People with a felony drug conviction often struggle to find adequate housing, let alone a good career or educational opportunities. The “collateral consequences” of a drug-related felony are often worse than any judicial punishment. Even seemingly minor conduct involving controlled substances can lead to a felony conviction. The line between a misdemeanor and a felony is very thin when it comes to drug enforcement. Many people who are charged with a drug felony are not hardened drug dealers – they are members of the community struggling with addiction. Even possessing certain types
Continue Reading Understanding Felony Drug Charges in Illinois

Domestic violence charges often lead to harsher sentencing than simple assaults. They are also a lot more stigmatized. One of the main differences between domestic violence and assault is who the victim is. A lot of people believe that “domestic violence” and “intimate partner violence” are synonymous, but they are not. In Illinois, you could be charged with domestic violence for assaulting someone who is related to you, who lives in your household, or who you used to be romantically involved with. It is not limited to someone you are currently in a relationship with. A lot of people are
Continue Reading What is the Difference Between Domestic Violence and Assault?

It is commonly believed that you cannot get in legal trouble for drugs if you do not have any drugs on you. Unfortunately, you can still be arrested if you do not have any drugs, but do have the tools to use them. Interpreting the laws surrounding drug paraphernalia can be complicated. A lot of normal household items, like cotton balls, can be used to prepare illegal substances for use. Then, there are types of pipes that could be used legally for tobacco or cannabis, or illegally for smoking other drugs. If you find yourself facing charges for possessing drug
Continue Reading What You Need to Know About Drug Paraphernalia Laws

The Second Amendment to the U.S. Constitution protects Americans’ right to own firearms. However, the right to own or carry a gun is limited by federal and Illinois laws. The Illinois Firearms Restraining Order Act, often called the “red flag law,” allows for the confiscation of an individual’s firearms and prohibits the person from purchasing additional firearms. If you own a firearm in Illinois or you are facing criminal charges related to the possession or use of a firearm, it is crucial that you understand how red flag laws can affect you.
Suspension of a Person’s Firearm Privileges
Recent school
Continue Reading What Illinois Gun Owners Should Know About Red Flag Laws

Shoplifting and other forms of retail theft have been on the rise for the last few years. Many people who take something from the store without paying see the act as a victimless crime. Stealing an item from a big box store with millions of dollars in assets may seem inconsequential. However, being convicted of retail theft can have serious repercussions. In some cases, shoplifting can even be a felony offense.
If you or a loved one were accused of theft, contact a criminal defense lawyer for personalized legal help right away.
Misdemeanor Charges for Shoplifting
The severity of theft
Continue Reading Retail Theft Can Be a Felony Offense Punishable by Serious Jail Time

Criminal records are public information. If someone is charged with a crime, anyone can view the arrest record with a few clicks of the mouse button. Not only does a criminal record harm an individual’s personal reputation, it can also prevent that person from securing adequate housing and employment.
If you have a criminal record, you may be interested in getting your record expunged. Read on to learn about expungement and record sealing in Illinois.
Do I Have a Criminal Record if I Was Never Convicted?
In the United States, people are considered innocent until proven guilty in court.
Continue Reading Top Questions About Expungement in DuPage County

Illinois is one of 18 states that legalized the use of marijuana for recreational purposes. However, that does not mean that anyone can use this substance at anytime without consequence. There are still many marijuana-related laws on the books, including laws limiting the quantity of marijuana a person can possess and where he or she can possess it. For example, Illinois law prohibits the use of cannabis in schools or on public transportation. It is also illegal to drive under the influence of cannabis.
If you or a loved one were charged with a cannabis-related offense, do not make
Continue Reading Illinois Residents Can Still Face Marijuana-Related Criminal Charges

Everyone should be aware of their rights – whether they are currently involved in the criminal justice system or not. The United States Constitution and state-level legislation protect our right to avoid self-incrimination, be free from unreasonable searches of our property, and much more.
If you or a loved one were arrested for a criminal offense, it is even more crucial that you fully understand the rights and responsibilities of criminal defendants. Part of this understanding requires myths and rumors about the police to be debunked.

Myth: The Police Must Identify Themselves as Law Enforcement Officers
Television shows and
Continue Reading Top Myths About Police and the Criminal Justice System in Illinois

Did you know that the human brain does not finish developing until a person is in their mid to late 20s? The prefrontal cortex, the area of the brain that regulates impulse control and problem-solving, is one of the last parts of the brain to reach full development. It is no surprise that teenagers and young people sometimes make rash, irresponsible decisions.
If your child was charged with theft, possession of a fake ID, assault, drunk driving, or another criminal offense, do not lose hope. The state of Illinois recognizes that many juvenile offenders are good people who made
Continue Reading Diversion Programs May Help Your Child Turn Their Life Around After a Criminal Offense