Underage Drinking or Underage Consumption Violations in Wisconsin or Illinois: An Illinois and Wisconsin Criminal Defense Attorney explains why you need an attorney to protect your future.

Many parents of college or high school students just pay an underage drinking ticket or ordinance violation without much thought. The young person usually does not even think beyond how unlucky they were to get caught at a party or bar by the local police. Often these cases do not require a court appearance and are thus shrugged at or laughed off as a right of passage and forgotten about. As a prosecutor for more than a decade and now as a defense attorney in Illinois and Wisconsin I can tell you one thing is for certain, the criminal justice system does not forget. In this age of the internet personal information is available about almost anyone and at lightening speed. A simple google search by a prospective employer can turn up an underage drinking conviction in Illinois or Wisconsin. Unfortunately, most young people and even parents don’t realize the consequence until it is too late. Consider a familiar scenario as an example: Two or more young graduates are apply for the same position in their career field. The applicants are equally qualified based on their grades and internship experience, but one has an underage drinking violation in his or her background. Now whose resume do you think will be pushed aside first? Think also about the costs of college education and how much many families sacrifice to see their children succeed, but then fail to retain a qualified Criminal Defense attorney to help with these underage drinking violations that can destroy any future prospect of meaningful employment. Lets’s face it the job market is tough enough for graduates in today’s economy and the last thing any of them need is the excess baggage of an underage drinking conviction in their background.

What can a lawyer do for my kid? He was caught red handed with a solo cup of beer at the party? or She blew into a breathalyzer what can a lawyer do about that?  A few common scenarios and good questions to ask. The good news is that something can be done if I am involved at the start of the case. My years of experience on both sides of the criminal justice system have taught me that most Prosecutors do not take these underage drinking offenses that seriously if it is a first offense situation. The reason being is that most Prosecutors have more serious cases to devote their time too and are also not looking to permanently ruin an otherwise law abiding young person for this type of common momentary lapse of judgment. I have been able to negotiate deferred prosecutions in almost all underage drinking scenarios in both Illinois and Wisconsin. Often times the Prosecutor may require some community service be performed or a class be attended regarding alcohol abuse awareness. If the young person complies then the case is routinely dismissed.

Don’t underestimate the impact of underage drinking violations as I have heard far too many stories of young people struggling to find a job or to get into a program of higher education after pleading guilty to these tickets years before and at that point it is too late. Contact the Richard Albanese Law Office for a free underage drinking case evaluation or consultation on any traffic or criminal matter. Richard can be reached at (312) 882-1973 or by email at richardalbaneselawoffice@gmail.com

Is There Really Such a Thing as a Second Chance in the Criminal Justice System? An Illinois and Wisconsin Criminal Defense Attorney and Former Prosecutor Discusses Deferred Prosecution Options

Many people contact the Richard Albanese Law Office and ask if a lawyer here can get their speeding ticket or criminal case  “thrown out” or “taken care of”. Perhaps these ideas come from movies or TV, but in reality generally speaking the only way a case is dismissed is if a motion to quash an arrest is argued successfully and the State has insufficient evidence to proceed or if the case falls into a category of deferred prosecution.

Cases are not just “thrown out” as police, prosecutors and the criminal justice system have a great deal of resources invested in a case coming into the court system. The success of a motion to quash arrest and suppress evidence depends on whether the police committed a violation of a person’s Fourth Amendment rights under the United States Constitution by conducting an unlawful search and seizure. This type of motion will often not be feasible to file unless the evidence supports it and the skilled defense attorney believes it will have a high rate of success. There is another option available in both Wisconsin and Illinois for the dismissal of cases known as deferred prosecution. Although the specific deferred prosecution programs vary state to state, county to county, and even village to village across Wisconsin and Illinois the overriding concept is the same, giving first offenders a second chance to keep a clean criminal record. There are generally written guidelines outlining the criteria for what crimes can be considered for deferred prosecution but the discretion whether to offer deferred prosecution always rests with the Prosecutor handling the case as they are the party bringing the charges forward. Deferred prosecution is never an automatic disposition and generally requires a knowledgeable defense attorney to negotiate for it. In both Illinois and Wisconsin there are statutory categories of cases including Felonies, Misdemeanors and Ordinance Violations that are eligible for deferred prosecution. Although not an exhaustive list, the types of cases covered include: Possession of Controlled Substance, Possession of Cannabis, Prostitution, Domestic Violence, Underage Consumption/Drinking of Alcohol, Retail Theft, and even Speeding Tickets for younger offenders. Generally speaking, when a deferred prosecution is offered to a defendant there is a requirement that the defendant complete remedial educational classes depending on the offense, treatment for drug or alcohol abuse, and in some instances community service will be required as well. If the defendant successfully completes the terms of what the Prosecutor asks for the case will then be dismissed with no further repercussions.

This type of disposition is very favorable to first offenders who made a mistake and don’t want it to follow them as they enter the workforce applying for jobs. This disposition may also be invaluable to immigrants who are trying to become citizens of the United States as many criminal case dispositions can interfere with this process or result in deportation.

The criminal justice system recognizes people often make foolish mistakes, not realizing the consequences of their actions and Prosecutors are not out to punish every citizen with the maximum penalties available in every case. Deferred Prosecution alleviates the number of cases a court has to deal with and truly gives defendants a second chance in the Criminal Justice System. Contact the Richard Albanese Law Office today to determine if deferred prosecution is available in your case or what other defenses you may have. A free consultation is available by calling (312) 882-1973.