I’m an Illinois driver with a Speeding Ticket in Milwaukee, Wisconsin. How can a Criminal and Traffic Defense Attorney licensed in Illinois and Wisconsin help me?

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Milwaukee is a great midwest city. It is the home to professional sports teams such as the Bucks and Brewers as well as Marquette University and many excellent theaters and restaurants. The famous Summerfest music festival is well known across the country and Illinois residents and others flock to Milwaukee or find themselves passing through the town en route to other final destinations. It is unfortunate that many drivers in Illinois are cited for speeding through Milwaukee including CDL drivers. Often Illinois and other out of state drivers choose the path of least resistance and impulsively pay the speeding ticket they received in Milwaukee, Wisconsin. I have received many calls from Illinois drivers that were even told by Wisconsin police to just pay a ticket as if it would have no effect on an out of state license. Although this may be the best advice for Wisconsin drivers it certainly is not the best choice for Illinois Licensed Drivers. The costs of an out of state conviction can multiply fast down the road. The consequences include potential suspension of driving privileges in Illinois, increased insurance premiums and further expenses involving the reinstatement of an Illinois driver’s license. Often times people have received bad advice from friends, family colleagues at work or simply don’t know the law in Illinois regarding out of state convictions. Let’s explore the issues and consequences further.

 ILLINOIS LICENSE SUSPENSION FOR THREE CONVICTIONS 

In Illinois, if a driver receives three convictions for any moving violations in a twelve month period, their license will be suspended in Illinois. Illinois law provides that a driver is eligible for court supervision twice within a twelve month period as well. Court supervision does not count as a conviction and will not cause a suspension of driving privileges. In essence you can get two supervisions and still have convictions to spare if the tickets are far enough apart and the prosecutors and judges are willing to grant the two supervisions without imposing a conviction. The imposition of court supervision also serves to reduce the risk of increased insurance premiums as these citations are not generally reported to insurance companies. Illinois traffic laws allow for momentary lapses in judgment with regard to speeding but for Illinois drivers who get ticketed in Milwaukee, Wisconsin or other nearby towns, the law may not be so forgiving.

COURT SUPERVISION NOT RECOGNIZED IN WISCONSIN LAW

Unlike the Illinois system, Wisconsin law does not recognize the concept of court supervision and thus EVERY disposition of a speeding ticket is a conviction when a guilty or no contest plea is entered. The imposition of a conviction against someones driving record most commonly occurs when an Illinois driver gets a speeding ticket in Milwaukee, Wisconsin and then just sends in payment. Once the ticket is paid the conviction is entered and then reported to Illinois where it becomes part of the driver’s record with the Secretary of State, unlike a Supervision disposition. Insurance companies will also be made aware of the conviction and increased premiums could result that stay in place for years, penalizing an Illinois Driver with added expense for years to come that all could have been avoided.

HOW THE RICHARD ALBANESE LAW OFFICE PROTECTS ILLINOIS DRIVERS

Although Court Supervision is not an option in Milwaukee, Wisconsin there is still hope for complete relief for Illinois Drivers. Generally speaking, with proper representation most Wisconsin State and Municipal prosecutors are willing to amend a speeding charge to a non moving violation when appropriate for respectful drivers with a otherwise clean record. The end result is that an Illinois Driver can pay a modified or amended ticket in Wisconsin that will have no impact on their Illinois License. Once you have retained Richard Albanese you will likely not have to appear in court to contest your ticket, which saves not only a long trip back to Milwaukee, Wisconsin from Illinois, but also saves time and the expense of having to take a day off work to appear on a citation. Please feel free to contact the Richard Albanese Law Office today at 312-882-1973 or at http://www.criminalandtrafficdefenseattorney.com or atRichardAlbaneseLawOffice@gmail.com for a free consultation on your speeding ticket in Kenosha, Racine, Dane County, Lake Geneva, and any other city in Wisconsin.

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.

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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

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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.

The Border and Beyond: Illinois and Wisconsin Criminal Defense, DUI and Traffic Lawyer

Greetings Readers,

Today I am blogging about my interstate law practice and types of cases I handle beyond my practice in Cook County. My office is conveniently geograpically located near the Illinois-Wisconsin border in the City of Waukegan across the street from the main Courthouse. I handle all criminal matters in Lake County including traffic matters at the branch courts in Mundelein, Round Lake Beach and Park City. In addition to my practice across Cook and Lake County I have also frequently handled OWI, Felony, Misdemeanor, Ordinance and traffic matters across the entire state of Wisconsin with great success and can often help defend Wisconsin residents facing criminal charges and Illinois residents who may have been accused of a crime in Wisconsin. My specialized interstate practice and knowledge of Illinois law can be particularly valuable to an Illinois driver who is arrested in Wisconsin for a OWI charge and will be the subject of a more detailed blog post. I have also successfully represented younger Illinois residents charged with underage consumption of alcohol ordinance violations in the Lake Delton and Wisconsin Dells area as well as Illinois licensed drivers, including CDL drivers, who have picked up speeding tickets in Wisconsin. I am always happy to provide a free initial consultation on all matters and can be contacted at (312) 882-1973 or on the Web at http://www.criminalandtrafficdefenseattorney.comImage

Pictured Above: Attorney Richard Albanese signing the Wisconsin Roll of Attorneys in the Wisconsin Supreme Court in Madison after being sworn in as a Wisconsin Attorney.