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?

RJA LOGO BUSINESS CARDSIMG_9206

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.

Advertisements

An Illinois and Wisconsin Licensed Criminal Defense Attorney explains the consequences of a Wisconsin Speeding ticket conviction for an Illinois Driver.

RJA LOGO BUSINESS CARDS
It is unfortunate that many uninformed drivers in Illinois choose the quick and easy way out when it comes to speeding tickets they received in Wisconsin. I have recently received many calls from Illinois drivers that were told by a friend, colleague at work, family member and even the Wisconsin police to just pay a Wisconsin ticket. The problem with this well intentioned advice is that the people giving the advice are not trained attorneys licensed in both Illinois and Wisconsin. Even attorneys licensed in either Illinois or Wisconsin often are not aware of the consequences to drivers outside their respective states. I am an attorney that takes great pride in staying informed of the consequences in both States. The costs of an out of state conviction can multiply fast down the road. These 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 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 Wisconsin, 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 Wisconsin speeding ticket 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 if they are eleigible for an amended charge.

HOW THE RICHARD ALBANESE LAW OFFICE STRIVES TO PROTECT ILLINOIS DRIVERS

Although Court Supervision is not an option in Wisconsin there is still hope for 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 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 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 at RichardAlbaneseLawOffice@gmail.com for a free consultation on your speeding ticket in Kenosha, Racine, Dane County, Lake Geneva, and any other city in Wisconsin.

I got a speeding ticket in Lake County, Illinois and went to court and the cop wasn’t there, so why wasn’t my ticket thrown out? A Lake County Criminal Defense Attorney explains how speeding tickets and other traffic citations are handled in Lake County (including Park City, Mundelein and Round Lake Beach)

Image

Many people have heard rumors or experienced firsthand that appearing in court for a speeding ticket can often result in the dismissal of the ticket if the officer who wrote the citation is not in court that day for whatever reason. In Cook County, Illinois, where there may be over a couple thousand tickets on the court docket each day that is often the case and people commonly get their tickets thrown out if an officer fails to appear on the first court date. Many people may be surprised to learn that this is not the case in Lake County, Illinois and may find themselves missing more time away from work to attend court and spending more money  and effort handling a speeding ticket than if they hired a competent traffic attorney to appear for them. I will first outline the Lake County system for handling traffic matters and then explain why hiring an attorney may be the best option for those looking to negotiate or contest a traffic violation.

THE LAKE COUNTY BRANCH COURT SYSTEM

The three main branch courts in Lake County, Illinois are located in Park City, Mundelein and Round Lake Beach. All petty offense traffic tickets along with some misdemeanors such as Aggravated Speeding (30-40 mph over the limit) and driving with a suspended or no driver’s license are heard in these branch courts. Unlike some other court systems the initial court appearance is not considered a trial date, but rather an initial status date at which time a person can appear and plead guilty or not guilty to an offense and a police officer’s presence in court is not required. If a person pleads not guilty then the  case is set for trial and the police officer will be notified by the prosecutor of the future trial date. The person will have to appear again in court a second time and if the officer is not in court when the matter is set for trial the ticket may be dismissed, but this dismissal is not automatic. If you are charged with the misdemeanor traffic offenses a Prosecutor has 180 days from the date of a trial demand to proceed with a case under Illinois law. Judges and prosecutors are generally not inclined to dismiss Aggravated Speeding tickets or Suspended License matters because an officer missed one court date. No matter what type of ticket you have in Lake County you can spend alot of time trying to resolve a traffic ticket and miss several days of work and also spend quite a bit of time waiting in court as other cases are being called as well. Thankfully, there is a solution balanced to protect your rights but not sacrifice your job and personal time and sanity in the process.

HIRING A QUALIFIED LAKE COUNTY TRAFFIC ATTORNEY

Here at the Richard Albanese Law Office we have a simple plan and goal for your Lake County traffic matters: Minimize the stress to the client and maximize the best potential outcome for each case. This is a realistic goal in every case as Richard has handled literally thousands of these matters combined as a Former Prosecutor for over a decade and now as your defense attorney. Sometimes the best outcome may require going to trial on a case, or working out a favorable disposition with the Prosecutor, or getting the minor case thrown out completely when an officer does not show up for a trial on a petty offense. Often on petty speeding tickets or other minor traffic violations an attorney can appear with an authorization to represent form without the client having to come to court at all. This method obviously saves the client the time and financial benefit of not having to miss work only to appear in court for potentially several hours only to learn another appearance is necessary in the matter. Additionally, If a person sets a case for trial in Lake County, goes to court twice and the officer appears, then what? Most citizens are not trained in methods of cross examination and are no match for the experienced police officer’s testimony in court. With increased insurance premiums and a potential loss of driving privileges at stake doesn’t it make sense to have a Professional on your side? Please call the Richard Albanese Law office for a free phone consultation on your traffic matter in Lake County, Park City, Mundelein, Round Lake Beach, or anywhere else in Illinois and Wisconsin. The Richard Albanese Law Office can be reached at 312-882-1973 or found on the web at http://www.criminalandtrafficdefenseattorney.com or by email at RichardAlbaneseLawOffice@gmail.com

A Former Prosecutor’s Do’s and Dont’s When Interacting With Police and the Court System

Image

This is a guide from the perspective of an experienced former prosecutor to explain to you in a straight-forward, common sense manner how to obtain the best results with your criminal case from your interactions with police, lawyers, sheriffs to coming to the courtroom and beyond sentencing.
INITIAL CONTACT WITH THE POLICE
Every criminal or traffic case begins with a police encounter from a simple traffic ticket to the most serious felonies but the same rules still apply. Most people may not recognize that their initial interaction with the police can largely shape the entire criminal case against them going forward. Always maintain a polite and non-aggressive attitude and demeanor with the police. Police are trained to recognize and control confrontations at all costs. Realize that police officers are human beings with emotions regardless of however strict or even confrontational they may appear to you. The key to remember here is NO PERSON WINS A CONFRONTATION WITH POLICE IN THE SHORT OR LONG RUN. The police determine what to charge you with or what to recommend to the prosecutors. The police will document in their reports your demeanor, attitude, their opinions of what happened including EVERYTHING you say. Please keep in mind the police will largely shape and influence your case from the beginning to the end. While you should request an attorney in all misdemeanor and felony situations do so in a respectful manner and do not make admissions to anything that may come back to haunt you later.

COMMUNICATING WITH YOUR ATTORNEY OR A PROSECUTOR

The success of your attorney in court has alot to do with you. Once you have hired an attorney you should tell your attorney every relevant fact concerning your case including how you were stopped or arrested, what potential witnesses there may be to the incident, what you told the police and what the police said to you, and your personal traffic and criminal history. Armed with this information your attorney will be in a position of strength when speaking to a Prosecutor even before the Prosecutor has given your attorney the police reports concerning your case. If you have an attorney you should not be speaking to a Prosecutor but perhaps your attorney is running late or a Prosecutor may ask you who you are in court. You should always remain polite and professional in even these minimal interactions as there is no need to give a Prosecutor a reason to have a negative impression of you that sets you apart from other defendants on the court call in a negative way. Please be polite.

INTERACTING WITH JUDGES IN COURT

Perhaps the most important player in the criminal court process the judge may determine what evidence is heard in your case, whether you are found innocent or guilty, and what your potential sentence is. If you are to appear in court you should dress as formal and appropriate as possible. As a rule I would recommend wearing clothes you would wear to a funeral. The judge will be observing your dress and conduct in court and dressing appropriately demonstrates your respect for the court and that you care about your case. Your conduct in court is equally important. While you are sitting in court waiting for your case to be called turn off your cell phone, don’t read anything, talk, laugh, create distractions, or fall asleep in court. When your case is called let your attorney do the talking because the court reporter writes down everything that everyone says and your statements can come back to haunt you in later court proceedings. Only speak if the judge speaks to you directly.

INTERACTING WITH COURTHOUSE SECURITY, SHERIFFS, PROBATION OFFICERS, AND OTHER COURT PERSONNEL

People start forming impressions the second you walk into a courthouse. The deputies at the entrance may tell you you have to bring your pocketknife, camera phone or nail file back to your car after you waited in line for twenty minutes to get up there. Do not argue with these deputies as they have direct contact with the Prosecutors as well as the deputies in your courtroom. Bring in only essential items and stay polite. Sheriffs in the courtroom also may reprimand you for talking, sleeping, reading, cell phones, etc. and it is important to maintain your cool with them. Many work with the same Judge and Prosecutor every day and they are respected for protecting the courtroom staff, thus there is no need to cause them to speak against you to Judge or others. Probation or Compliance officers are paid to report to the Judge and Prosecutor your progress and status. Be polite as their words very often mean the difference between you being in jail, prison or free during your sentence.

I hope you enjoyed this informative post. Please contact the Richard Albanese Law Office for more information on your case today at (312) 882-1973 or at http://www.criminalandtrafficdefenseattorney.com

One Lawyer, Two States and a Promise of Exceptional Representation in Illinois and Wisconsin.

Image

People often ask me: Richard, Why do you practice law in the states of Wisconsin and Illinois? 

There are always two important parts to my answer: The first deals with geography and the second has to do with my knowledge of laws that have interstate ramifications. As to the first point concerning geography I am perfectly situated for interstate representation with an office near the shores of Lake Michigan in Waukegan, Illinois. I can travel directly to many Wisconsin courthouses in less than an hour and represent client interests across Cook County, Lake County, Wisconsin and other areas as well. 

The second reason I mentioned is the ramifications of interstate laws. In representing non-residents in Illinois or Wisconsin a working knowledge of the interplay of laws is indispensable. A good lawyer knows the consequences an offense may have in the defendant’s home state as well as the state of the offense. This knowledge often comes to play a huge role in the decisions for drivers charged with OWI or DUI offenses as well as speeding tickets and other traffic violations. The wrong lawyer from either state giving the wrong advice or incomplete information can have severe consequences such as increased insurance premiums, revocation of driving privileges and other penalties that may have been avoidable by consulting a lawyer familiar with both states laws and how they interact.

Call the Richard Albanese Law Office today at (312) 882-1973 for a free consultation and to learn more about the consequences you may be facing on your Illinois or Wisconsin case and make an informed decision about how to proceed. 

Criminal Defense Attorney explains that if you live In Illinois and got a speeding ticket in Wisconsin, how that ticket will affect your insurance premiums and Illinois Driver’s License

Image

Wisconsin is a beautiful state offering many wonderful year round vacationing opportunities for Illinois residents and families. Wisconsin towns such as Kenosha, Racine, Lake Geneva, Alpine Valley, Wisconsin Dells, Milwaukee and Madison are all popular destinations for Illinois travelers, but what happens when things go wrong and you get pulled over for speeding in Wisconsin as an Illinois Driver? What are the consequences you face? What are your options?

Illinois and Wisconsin handle speeding tickets differently and Illinois drivers stand to suffer expensive penalties and consequences if they do not handle their Wisconsin ticket properly. The purpose of this blog post is to educate Illinois drivers how to save their Illinois licenses and mitigate insurance consequences. If a Illinois driver simply ignores a Wisconsin Speeding ticket and does not pay it it will become a judgment and will be reported to Illinois as a conviction for a moving violation. As three moving violation convictions in a year result in a suspension of driving privileges in Illinois this is the worst thing an Illinois driver could do. The next worst choice is paying the ticket by mail or in person. Again the speeding conviction will be reported to Illinois and have the same negative effect on the Illinois driver. Unlike Illinois, Wisconsin does not recognize the concept of “supervision” in which a first time offender does not receive a conviction. Every guilty or no contest disposition for a moving violation in Wisconsin is reported to Illinois as a conviction.

Many states, including Illinois, belong to the Driver License Compact (DLC), and exchange driver information regarding tickets and accidents. When you receive a ticket in a member state, the citation is put into a database available to all other member states. When insurance companies pull your motor vehicle record they will receive violations in your home state as well as any DLC member states.

When an insurance company pulls your license for a renewal or other risk assessment checks, the ticket you received in Wisconsin will appear, and could result in an increase in your premiums. There are many factors involved in this, including your previous driving history, how far over the speed limit you were traveling, and any other infractions recorded in the incident.

The best choice is to hire an attorney who knows how to handle these Wisconsin tickets. Often with the assistance of an attorney’s representation, a charge can be amended so that it would not be reported to Illinois and thus have no ill effect on the Illinois Driver’s insurance premiums or driving record.

The Richard Albanese Law office regularly handles tickets for Illinois drivers that are stopped in Wisconsin and can often handle these matters without the Illinois client having to travel to Wisconsin. Let Richard Albanese help protect your Illinois drivers license as well as your insurance premiums. Contact Richard today for a free consultation of your Wisconsin or Illinois traffic matter at (312) 882-1973 or on the web at http://www.criminalandtrafficdefenseattorney.com.

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.