Latest from Davi Criminal Law Blog - Page 4

Wheaton Juvenile Criminal Defense LawyerAmong the many misconceptions about law enforcement is the belief that police cannot lie to criminal suspects. Some people believe that police have to identify themselves as law enforcement or cannot use falsities to obtain information or confessions. This is not true. Police can and do lie to suspects in order to gather information about suspected criminal activity. However, a new law in Illinois will soon change this for minors accused of crimes.
Police Must Follow Certain Rules When Questioning a Minor
The American justice system has long acknowledged that children and teenagers do not have the same level
Continue Reading Law Prohibiting Deceptive Interrogation Techniques for Juvenile Suspects Goes into Effect January 1, 2022

DuPage County DUI Defense LawyerIn Illinois, several different traffic violations and criminal offenses can lead to driver’s license suspension or revocation. One of the most common causes of driver’s license suspension or revocation is driving under the influence of alcohol (DUI). Losing your ability to drive can make it difficult or nearly impossible to get to and from work, attend appointments, and fulfill other important responsibilities. Fortunately, Illinois has programs in place for individuals who need to regain driving privileges after a DUI.
Regain Limited Driving Privileges Through an RDP
Once your driver’s license has been suspended or revoked, it becomes illegal to
Continue Reading Lost Your License? You May Be Eligible for a Restricted Driving Permit

DuPage County Violent Crimes Defense AttorneyRobbery involves theft with the use or threat of physical force. Illinois takes violent crimes very seriously, and robbery is considered a felony offense. Punishable by years or even decades in prison, it is one of the most harshly penalized crimes in Illinois law. If you or a loved one were accused of robbery or armed robbery, seek guidance from an experienced attorney as soon as possible. Your lawyer will help you build a strong legal strategy and represent you throughout the criminal proceedings.
Robbery Charges Threaten Your Future
Being convicted of a felony offense will have a dramatic
Continue Reading Defending Yourself Against Robbery Charges in Illinois

Chicago criminal defense attorney
When a person is arrested and charged with a crime in Illinois, there are a number of steps in the criminal justice process between that arrest and the resolution of the case. One of the first steps after an arrest is arraignment. The outcome of that arraignment can actually set the tone for the way the rest of the process will go. If you have been charged with a crime, it is important to have a skilled Chicago defense attorney representing you during the entire process.
What Is an Arraignment
An arraignment is a hearing held in a courtroom with
Continue Reading What Happens at an Arraignment in an Illinois Courtroom?

Chicago DUI criminal defense attorney
A 58-year-old Illinois woman who has been charged with two counts of aggravated driving under the influence is not only facing the loss of her license and potential loss of freedom – she is also facing the loss of her vehicle via a civil forfeiture complaint. While many people are aware of police seizing the assets of people convicted of drug dealing and other illegal activities, is seizing the vehicle of a person who is accused of drunk driving legal under Illinois law?

BAC Four Times the Legal Limit
According to information released by law enforcement, on the night of
Continue Reading DUI Charges Lead to a Request for Asset Forfeiture of Vehicle

Chicago criminal defense attorneyLast June, the Office of Inspector General (OIG) for the City of Chicago released a fairly negative report regarding the lack of protocols and procedures by the Chicago Police Department for its records management and production system. Included in the report was a list of corrective recommendations for the department to implement. One year later, a new investigation has found that the department has taken almost no steps to address the issues in the OIG report. The question for the public is: How does the Chicago PD’s flawed system impact defendants’ constitutional rights and their ability to defend themselves against
Continue Reading Could Chicago PD’s Record-Keeping Failures Interfere with a Defendant’s Rights?

DuPage County criminal defense lawyerA recent story about an Illinois woman’s arrest in Hawaii for using a fake vaccine card went viral across media outlets and social media platforms. While some readers of the story found certain details of the case humorous, the charges she is facing and the potential penalties if she is convicted are anything but.
Counterfeit COVID-19 Vaccine Card
According to details released by the Honolulu Police Department, the Oak Lawn, IL woman arrived in Hawaii on August 23. Hawaii has a mandatory 10-day quarantine for all visitors to the state, unless the visitor can provide proof they are vaccinated. The
Continue Reading Using Fake COVID-19 Vaccine Cards Can Result in Serious Criminal Charges

Wheaton criminal defense lawyerIn our last blog post, we discussed some of the highlights of the Safety, Accountability, Fairness and Equity – Today (SAFE-T) Act, recently passed by the Illinois legislature, as it applies to policing, arrests, and detention. The act also made changes to how the courts should address certain issues in sentencing if a person has been convicted of a crime, as well as changes to incarceration and decarceration programs. The following is a brief overview of these changes.
Changes in Sentencing
One of the criteria that judges look at when determining the sentence a convicted defendant will receive
Continue Reading Major Changes to the Illinois Criminal Justice System – Part II

DuPage County criminal defense lawyerEarlier this year, Governor J.B. Pritzker signed the Safety, Accountability, Fairness and Equity – Today, or SAFE-T Act, into law. The SAFE-T act makes extensive changes to the Illinois criminal justice system, many of which went into effect on July 1. The act aims to ensure that every citizen’s constitutional rights are protected in their interactions with law enforcement, the court system, and the corrections system. If you are facing criminal charges, you may find that it affects your case. Here, we look at some of the changes that the SAFE-T Act brings to policing, arrests, and detention in Illinois.
Continue Reading Major Changes to the Illinois Criminal Justice System – Part I

DuPage County traffic ticket defense lawyerIn Illinois and many other states, it is illegal to use your cell phone and drive. The reasoning behind the law is that texting or talking on the phone while driving is incredibly dangerous. In 2019, for instance, distracted driving claimed the lives of 3,142 people according to the National Highway Traffic Safety Administration. Therefore, police prioritize cell phone violations much like they would other serious traffic offenses like DUI.
However, cell phones are one of those modern-day conveniences that are difficult to live without. In addition to using it for communication, a cell phone also gives you
Continue Reading Can I Get a Ticket for Using My Cell Phone While Stopped at a Red Light?

Wheaton IL assault and battery defense lawyerIn common use, and in the laws of some states, the terms “assault” and “battery” are often used interchangeably. However, in Illinois, while they are often heard in conjunction with one another, they each have specific legal definitions and are considered separate crimes. So, what is the difference between assault and battery in Illinois?
Assault Charges in Illinois
According to Illinois law, you assault someone when you act in a way that leads them to fear that you will physically harm them or make unwanted physical contact. As a simple example, if you say to a person, “I’m going to
Continue Reading What Is the Difference Between Assault and Battery?

wheaton criminal defense lawyerIn order to secure a conviction on charges of drug possession, the State of Illinois generally needs evidence of the drugs in question. In most cases, this evidence is obtained through a search of the offender’s person or property. However, these searches are not permitted under just any circumstances. If you are facing drug possession charges, you should understand when Illinois law enforcement is—or is not—justified in executing a search.
When Can Law Enforcement Get a Search Warrant?
The Fourth Amendment to the U.S. Constitution provides protection from unreasonable search and seizure. In effect, this means that law enforcement
Continue Reading How Do Search and Seizure Laws Apply in Drug Possession Cases?

wheaton criminal defense lawyerAllegations of domestic violence can have serious consequences for the accused, especially if they result in a conviction for a criminal offense like assault or battery. However, in some cases the consequences can start to take effect much sooner. If you are accused of domestic violence, you could be immediately arrested and detained, and it is important that you understand your rights.
Are Domestic Violence Arrests Mandatory in Illinois? 
Many states have mandatory arrest laws for cases involving allegations of domestic violence, requiring a responding law enforcement officer to take the accused into custody if there is probable cause to
Continue Reading Will I Be Arrested If I Am Accused of Domestic Violence in Illinois?

wheaton reckless driving lawyerUnder Illinois law, traffic violations range widely from minor offenses resulting only in fines and driver’s license points, to serious crimes that can result in prison sentences and additional consequences. Reckless driving is an example of the latter. However, it can be difficult to know whether you will face this serious charge after an arrest because of the somewhat vague definition of reckless driving. This makes it all the more important to hire an experienced defense attorney as soon as possible.
Reckless Driving Defined
According to the Illinois Vehicle Code, there is one specific offense that constitutes reckless driving: knowingly
Continue Reading What Qualifies as Reckless Driving in Illinois?

wheaton criminal defense lawyerAs is common throughout the United States, Illinois outlaws many forms of violent crime. If you are accused of a crime involving harm or attempted harm toward another person, the severity of the charges you face depends in large part on the circumstances surrounding the alleged criminal act. One factor that can significantly increase the severity of a criminal sentence is the use of a deadly weapon in the commission of the crime.
Deadly Weapons and Aggravated Offenses in Illinois
A number of crimes in Illinois become much more serious when a weapon is involved. Depending on the circumstances,
Continue Reading How Does a Deadly Weapon Affect the Severity of Illinois Crimes?

Wheaton criminal defense attorneysIf you were caught driving under the influence of alcohol in Illinois, your driver’s license may have been suspended or revoked. Without a valid driver’s license, it becomes unlawful to drive a motor vehicle. Losing your ability to drive can be a massive inconvenience. Fortunately, Illinois drivers may be able to get relief through a Restricted Driving Permit (RDP) or a Monitoring Device Driving Permit (MDDP). These programs allow you to get back on the road legally. There is just one catch – you must install a breath alcohol ignition interlock device (BAIID) in your car. Many drivers wonder, “Is
Continue Reading Can You Cheat a Breath Alcohol Ignition Interlock Device?