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About Carlos Gamino

Carlos Gamino is a lawyer in Milwaukee, WI. He is bilingual in Spanish.

What is Permanent Guardianship in Wisconsin?

Permanent Guardianship in Wisconsin - Carlos Gamino

By Carlos Gamino

Permanent guardianship creates a legal connection between one party and another. Under permanent guardianship in Wisconsin, the guardian is responsible for providing everything a natural guardian would be responsible for providing, such as food, a safe living environment, health care and education. The guardian becomes responsible for making important decisions in his or her ward’s life.

The two main types of permanent guardianship apply to children under the age of 18 and incompetent adults.

Permanent Guardianship of Children

Minor guardianship is typically an option when natural parents can’t – or won’t – care for a child. This type of guardianship can help keep children out of foster care or to keep a family intact when a parent is facing termination of his or her parental rights. Sometimes grandparents, aunts and uncles, and siblings apply for permanent guardianship. However, a person doesn’t have to be a blood relative to ask the court to grant them permanent guardianship of a child.

Guardianship of Incompetent Adults

Guardianship of incompetent adults is designed to protect people over the age of 17 years and 9 months who can’t care for themselves. Generally, it’s an option when a person has a developmental disability, serious and persistent mental illness, a degenerative brain disorder or another incapacity. It’s only appropriate if the adult in question has an incapacity that will result in a substantial, long-term disability – and even then, only if living without a guardian will create a serious risk of personal or financial harm to him- or herself.

Responsibilities of a Permanent Guardian

A permanent guardian has the authority to make decisions for his or her ward. Sometimes those decisions are limited to specific areas (such as education or healthcare), but in other cases, judges grant a guardian complete control over decisions related to the ward. Guardians usually have the ability to give consent on their ward’s behalf, as well as the responsibility to advocate for their ward’s rights.

Do You Need Legal Advice on Permanent Guardianship?

If you need information and legal advice on permanent guardianship, either of a child or an incompetent adult, we may be able to help you. Call us at 414-383-6700 to learn more.

Carlos Gamino

By |2020-01-16T16:27:00-06:00January 23rd, 2020|Family Law|0 Comments

What is Trespassing?

What is Trespassing - Carlos Gamino

By Carlos Gamino

Trespassing is a misdemeanor in Wisconsin, which means you could end up going to jail if a judge convicts you of the crime. In fact, you could spend up to 9 months behind bars – and you could end up paying up to $10,000 in fines.

What is Trespassing?

Trespassing – technically called criminal trespass in Wisconsin – is intentionally entering someone else’s property (a house, a building, a store, an outdoor property or any other location) without consent from someone who’s legally on the premises. It’s not enough to simply enter, though; you must have entered under circumstances that tend to “create or provoke a breach of the peace.”

What is a Breach of the Peace?

The term breach of the peace refers to any violation of peace and order, so it can mean nearly anything. Here are a few things that could constitute a breach of the peace:

  • Swearing and profanity
  • Abusive language
  • An act of violence
  • An act likely to produce violence
  • An act that makes someone fear for his or her safety
  • Noisy behavior
  • Anything that causes a public disturbance

What is Trespassing on Private Property, Such as Land?

You can’t enter any enclosed land that belongs to someone else without consent from its owner – even if it’s just a big, empty field. Landowners are required to place signs in at least two conspicuous areas for every 40 acres of private land Doing so could be considered trespass to land, which could result in a fine.

What About Trespassing Charges During Hunting Season?

Hunters are always required to try to retrieve game, but they can’t trespass to do so. You need permission to retrieve game from someone else’s property except if:

  • The land is “open” in the Managed Forest Law program
  • Land considered “inholdings,” which means it’s private land surrounded by public land

Related: Wisconsin’s criminal penalties

Were You Charged With Trespassing?

If you were charged with trespassing, you may need to work with an attorney to get the best possible outcome in your case. Your lawyer will ask you questions about the incident that led to your criminal charges, explain what Wisconsin’s trespassing consequences are and talk to you about your legal options. Call us at 414-383-6700 now – we might be able to help you.

Carlos Gamino

By |2020-01-16T16:17:16-06:00January 22nd, 2020|Uncategorized|0 Comments

What Relatives Can a U.S. Citizen Sponsor

What Relatives Can a U.S. Citizen Sponsor - Carlos Gamino

By Carlos Gamino

U.S. citizens can petition the government to bring foreign family members into the country. To do so, the citizen must sponsor his or her family members – but not all family members count. In fact, there’s a popular “chain migration” myth that says an immigrant can sponsor his or her whole family, but it’s almost completely untrue. So what relatives can a U.S. citizen sponsor to come to the United States?

What Relatives Can a U.S. Citizen Sponsor?

If you’re a U.S. citizen, whether you were born here or you naturalized, you can only sponsor your:

  • Parents
  • Spouse
  • Children
  • Siblings

There are restrictions on each category, too, and every family member you sponsor must meet admissibility criteria to come to the country. For example, if U.S. Citizenship and Immigration Services finds that one of your family members isn’t of “good moral character,” it will deny your petition to sponsor him or her. In most cases, you must also file an affidavit of support, which says that you’ll provide financial support so that the person you’re sponsoring doesn’t become a public charge (someone who relies on social safety nets, like welfare and federal- or state-funded medical coverage).

Here’s a closer look at each sponsorship category.

Parents

To sponsor your parents for immigration purposes, you must be 21 or older. There are no limits on these types of visas, which means your parents don’t have to wait for a number to come up in the government’s system. They can come as soon as the State Department and USCIS process and approve their applications.

Spouses

Spouses count as immediate relatives, and as such, they’re not subject to visa limits. Like parents, spouses can come to the U.S. when their petitions are reviewed and approved. You must be at least 18 years old to petition for a spouse.

Children

Many children count as immediate relatives, and you must be at least 18 years old to petition for kids to come to the U.S. If your children are minors and they’re unmarried, they’re not subject to visa caps (like parents and spouses). However, if your children are married or they’re over the age of 18, they’re considered “preference relatives,” and they must wait for visa availability.

Siblings

You can petition to bring your brothers and sisters to the U.S., but like married adult children, the government considers them preference relatives. Additionally, you must be 21 or older to petition for your sibilings.

Do You Need to Know More About What Relatives a U.S. Citizen Can Sponsor?

If you need to know what relatives a U.S. citizen can sponsor, or if you’re ready to start the process of bringing your immediate family members to the United States, we can help. Call us at 414-383-6700 for more information.

Carlos Gamino

By |2020-01-16T16:13:46-06:00January 21st, 2020|Uncategorized|0 Comments

Criminal Damage to Property

Criminal Damage to Property - Attorney Carlos Gamino

By Attorney Carlos Gamino

You can be charged with – and convicted of – criminal damage to property if you intentionally damage another person’s property without his or her permission. This property crime is a Class A misdemeanor, which means a judge could sentence you to jail for up to 9 months and order you to pay up to $10,000 in fines. Sometimes, criminal damage to property is more serious than a misdemeanor, though; it can be a Class I felony, which could send you to prison for up to 18 months (with an additional 2 years of extended supervision) and require you to pay fines of up to $10,000.

Related: Wisconsin criminal penalties

Criminal Damage to Property: When is it a Misdemeanor?

Damaging property as a Class A misdemeanor is typically the most common. Under Wisconsin law, it’s simply damaging “any physical property of another without the person’s consent.” It takes special circumstances to make property damage a felony.

Criminal Damage to Property: When is it a Felony?

Property damage is a Class I felony when the property:

  • Is a vehicle or highway, and the damage is likely to cause injury or further property damage
  • Belongs to a public utility or common carrier, and the damage is likely to impair services
  • Is on state-owned land and is listed on the registry of prominent features
  • Belongs to someone who is or was a grand or petit juror, and the reason you damaged the property was a verdict or indictment that the person assented to
  • Is a rock art site listed on the National Register of Historic Places
  • Is some kind of plant material used in research
  • Is a machine operated by coins, bills, or debit or credit cards (a vending machine)

It can also be a Class H felony (punishable by up to 3 years in prison with 3 years of extended supervision, as well as a fine of up to $10,000) when the property belongs to an energy provider if you intended to cause substantial interruption of services or goods.

What About Damage to Your Own Property?

The courts can convict you of damaging your own property in some cases – like when you’re going through a divorce and you damage or destroy something that belongs to your spouse. Because Wisconsin’s laws recognize a married couple’s belongings as jointly owned, you could be charged with and convicted of a crime if you damage things that really belong to you.

Related: Is destroying your own property a crime in Wisconsin?

Do You Need Legal Advice on Criminal Damage to Property?

If you’re accused of criminal damage to property – regardless of whose property it is – we may be able to help you. Call us right now at 414-383-6700 to find out how.

Attorney Carlos Gamino

By |2020-01-16T16:05:37-06:00January 20th, 2020|Uncategorized|0 Comments

Wisconsin Speeding Tickets: What You Need to Know

Wisconsin Speeding Tickets - Attorney Carlos Gamino

By Attorney Carlos Gamino

Wisconsin speeding tickets can carry some hefty fines – and if you’re like most people, you’re dreading cutting that check to the state. It doesn’t matter whether you live in Waukesha and were pulled over in Milwaukee or you live out of state and got a ticket anywhere in Wisconsin; what matters is that there may be a way for you to fight your ticket and win.

Wisconsin Speeding Tickets: What You Need to Know

Speeding is a serious issue in Wisconsin, and tens of thousands of people end up in trouble each year over driving too fast. Wisconsin has an “absolute” speed limit. That means if you’re going even one mile per hour over the limit, the police can pull you over and give you a ticket – and it can be hard to fight that ticket in court.

What is Imprudent Speed?

When you’re driving on a Wisconsin roadway, you have to adjust for weather conditions. For example, if it’s snowing outside and it’s cold enough for water to freeze, you are responsible for slowing down enough to be safe.

How Much Does a Speeding Ticket Cost?

Speeding tickets can be expensive. The most common fines range between $200 and $800. When you get a ticket, the fine amount is usually printed right on it – and you’ll have to pay additional fees, too, such as:

  • Court support services fees
  • Court costs
  • Crime lab and drug assessment fees, which are charged for nearly all violations
  • Penalty assessments
  • Jail assessments, which are charged at a minimum of $10
  • Justice information system fees

If you’re also found to be driving under the influence, you’ll pay additional fees – and you’ll be subject to criminal penalties.

It’s not only about the fees, though. Often, when you get a speeding ticket, your insurance rates go up. That can really add up over time.

Do You Need Help With a Speeding Ticket?

Many people are able to fight speeding tickets and win – and if you’d like to find out whether that’s possible in your case, call us at 414-383-6700.

Attorney Carlos Gamino

By |2020-01-16T15:59:02-06:00January 18th, 2020|Uncategorized|0 Comments

How to Get Out of a Speeding Ticket in Wisconsin

How to Get Out of a Speeding Ticket in Wisconsin - Carlos Gamino

By Attorney Carlos Gamino

When you get a speeding ticket, you have to pay the fine for the offense and a variety of other fees – and the average ticket costs somewhere between $200 and $800. For many people, a speeding tickets means a spike in car insurance rates, too. That’s probably why many people ask us how to get out of a speeding ticket in Wisconsin.

Here’s what you need to know.

How to Get Out of a Speeding Ticket in Wisconsin

First things first: You don’t have to accept responsibility for speeding just because a police officer gives you a ticket. You may be able to fight the ticket in court under Wisconsin law – and you can hire an attorney to help you.

Sometimes, attorneys can argue that a police officer’s speed-tracking equipment is faulty or unreliable, or that the officer wasn’t properly trained to use it. In other cases, witnesses can provide testimony that contradicts the police officer’s report. It’s sometimes possible to negotiate the penalty on a ticket, too, which means you may have to admit to committing the traffic offense in exchange for a lower fine or keeping points off your license. Your Wisconsin traffic ticket lawyer may even be able to convince the judge to let you take a driving course in exchange for dropping the ticket against you. However, there are no guarantees – every case is different, and there’s no way to predict how a judge will rule.

What About Points for Moving Violations?

When you’re ticketed for speeding (or any number of other traffic violations), the Wisconsin Division of Motor Vehicles assigns “demerit points” to your license. If you get enough points attached to your license, the state will suspend or revoke your driving privileges. Here’s a quick breakdown on what happens when you accrue a certain number of points:

  • 12 to 16 points: Your driver’s license is suspended for 2 months
  • 17 to 22 points: Your driver’s license is suspended for 4 months
  • 23 to 30 points: Your driver’s license is suspended for 6 months
  • More than 30 points: Your driver’s license is suspended for a year

The state chooses how many points to put on your driver’s license based on the type of violation you committed. These are common speeding points:

  • 1 to 10 miles per hour over the limit: 3 points
  • 11 to 19 miles per hour over the limit: 4 points
  • 20 miles per hour or more over the limit: 6 points

You can’t drive on a suspended license, either – that’s a crime.

Related: What happens if you drive when your license is revoked?

Are You Looking for More Information on How to Get Out of a Speeding Ticket?

If you’ve been cited for a moving violation – speeding or otherwise – we may be able to help you. Call us right now at 414-383-6700 to find out how.

Attorney Carlos Gamino

By |2020-01-16T15:54:34-06:00January 17th, 2020|Uncategorized|0 Comments

Driving After Revocation

Driving After Revocation – Attorney Carlos Gamino

By Attorney Carlos Gamino

Driving after revocation of your license is a crime in Wisconsin – and so is operating a vehicle at all. It doesn’t matter why you lost your license; what matters is that you’re not supposed to be operating a motor vehicle when your driver’s license is revoked.

Why People Have Revoked Licenses

When your license is revoked, you can’t drive to work, school or to pick up your children. You’re essentially trapped at home until someone can come give you a ride. However, that doesn’t mean that if you have an “emergency,” you’re allowed to get behind the wheel. In fact, if you do, you’re going to face even more serious penalties – and it doesn’t even matter why your license was revoked in the first place.

Many people lose driving privileges due to OWI, although there are several other reasons – including failure to pay fines and fees.

Related: Operating after revocation

Driving After Revocation: What Can Happen?

If you’re caught operating a motor vehicle after your license is revoked, the court could sentence you to:

  • Up to a year in jail
  • Fines of up to $2,500
  • 6 more months of license revocation
  • Pay court costs

Driving is the same – you could spend a year in jail, pay fines and lose your license longer. You could also face additional penalties from the Department of Transportation. The law is very serious about operating after revocation (which includes driving) because generally, people who lose their driving privileges are considered dangerous on the roads.

Related: What happens if you drive when your license is revoked?

Do You Need Legal Advice After Being Caught Driving After Revocation?

If the police caught you driving on a revoked license, we may be able to help you. While no two cases are the same, we’ll be able to provide you with advice tailored to your situation – and if we work together, we’ll help you get the best possible outcome. Call us today at 414-383-6700 to learn more.

Attorney Carlos Gamino

By |2020-01-16T16:02:08-06:00January 16th, 2020|Uncategorized|0 Comments

Wisconsin Driver's License Points

By Attorney Carlos Gamino

Wisconsin Driver's License Points - Attorney Carlos Gamino

When you get a ticket for a moving violation in Wisconsin, driver’s license points are assessed to your record – and if you accrue enough points, the state can suspend or revoke your driving privileges. So how can you tell how many points you have, and how many points you’re likely to accrue after a new ticket?

Wisconsin Driver’s License Points

If you receive a ticket, you don’t have to admit guilt – you can fight it. For many people, the best way to do that is to work with an experienced speeding ticket attorney in Wisconsin. Typically, attorneys can help you negotiate lower fines and demerit points, and in some cases, they’re able to make exchanges with judges (such as sending you to a driving course rather than having you pay the fines associated with your ticket).

If you simply accept the fines and fees and pay the ticket, you’re accepting responsibility. That’s when the state puts points on your driving record.

How Many Wisconsin Driver’s License Points Do You Get for Moving Violations?

The number of points the state adds to your record depends on the violation. Most violations result in two, three, four or six points. Check out the tables below to find out what violations result in each. (You can download a complete list here.)

Two- and Three-Point Offenses

PointsViolation
2Obstructing traffic
2Parking on the highway in a traffic lane
2Defective speedometer
2Defective or repaired handlebars (motorcycle only)
2More than two riders (motorcycle operator only)
2No eye protection (motorcycle operator only)
3Operating while privileges are suspended or revoked
3Arterial or traffic control violations
3Driving the wrong way on a one-way street
3Failure to dim brights
3Failure to signal properly
3Following too closely
3Illegal passing
3Improper brakes or lights
3Operating with an expired license (or no license at all)
3Operating with multiple licenses
3Prohibited or illegal turns
3Speeding 1 to 10 miles per hour over the limit
3Violation of restriction
3Possession of intoxicating beverage while operating, or being on duty time (commercial vehicle operators only)
3Unlawful commercial motor vehicle license or endorsement

Four- and Six-Point Violations

4Deviating from traffic lane
4Driving on the wrong side of a highway or street
4Failure to yield right-of-way
4Failure to yield to an emergency vehicle
4Imprudent driving, such as too fast for conditions or failure to keep control of the vehicle
4Inattentive driving
4Failure to stop for a school bus when red lights are flashing
4Speeding 11 to 19 miles per hour over the limit
4Unnecessary acceleration
4Speeding 15 to 19 miles per hour over the limit (commercial vehicles only)
6Attempting to elude an officer
6Failure to perform duty after an accident
6Operating under the influence of an intoxicant or drugs
6Reckless driving or racing
6Speeding 20 miles per hour or more over the limit
6Violation of occupational license
6Operating while disqualified (commercial vehicles only)
6Operating with an alcohol concentration between 0.04 and 0.08 while causing injury (commercial vehicles only)

Have You Been Accused of a Moving Violation That Will Result in Wisconsin Driver’s License Points?

We may be able to help you fight a moving violation. Call us at 414-383-6700 to find out how today.

Attorney Carlos Gamino

By |2020-01-16T15:51:24-06:00January 16th, 2020|Uncategorized|0 Comments

Charged With Disorderly Conduct for Fighting?

By Attorney Carlos Gamino

Disorderly Conduct for Fighting – Attorney Carlos Gamino
Drunk people are fighting in a pub.

Disorderly conduct is a very common charge in Wisconsin. It’s not always confined to larger cities like Milwaukee and Waukesha, either – it happens in every small town in the state.

But what happens if you’re charged with disorderly conduct for fighting in Wisconsin? Can you fight the charges, will you go to jail, and do you have to pay fines? Here’s what you need to know.

What Happens if You’re Charged With Disorderly Conduct for Fighting?

Usually, disorderly conduct for fighting (or for any other reason) is a Class B misdemeanor. It’s typically punishable by up to 90 days in jail and a $1,000 fine – but when you’re charged with disorderly conduct in conjunction with another crime, such as being a felon in possession of a firearm, committing a property crime or trespassing, you’ll face additional criminal penalties.

Related: Does my child need a lawyer?

Disorderly Conduct and Fighting

Wisconsin law defines disorderly conduct this way: “Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor.”

That means even if you don’t get into a big physical altercation (such as when you and another person simply get into a pushing match – or, in some cases, even a shouting match), the state can charge you with and convict you of disorderly conduct for fighting.

Related: Is it a crime to get into a bar fight?

What to Do if You’re Arrested for Disorderly Conduct

If you’re arrested for disorderly conduct, or if someone you care about is sitting in jail right now, it’s probably a good idea to get in touch with a disorderly conduct attorney who can help.

What About Wisconsin Uniform Misdemeanor Citations?

Sometimes police give out Wisconsin Uniform Misdemeanor Citations. They seem like ordinary tickets, but they’re not. They’re actually a notification that you’ve been charged with a crime, and you’ll need to appear in court on the date listed on the citation. If you don’t show up in court, the judge overseeing your case will issue a warrant for your arrest.

We may be able to help you if you were charged with disorderly conduct for fighting. Call us as soon as you can – we’re at 414-383-6700. We’ll ask you questions about your situation (and we’ll answer your questions), and if we decide to work together, our team will develop a strategy that gets you the best possible outcome.

Attorney Carlos Gamino

By |2020-01-16T15:48:04-06:00January 16th, 2020|Uncategorized|0 Comments

DUI Checkpoints in Wisconsin

DUI Checkpoints in Milwaukee - Carlos Gamino

By Carlos Gamino

Some states allow DUI checkpoints – even neighboring Illinois has plenty of them set up in and around Chicago, where they catch drunk drivers and process them through the state’s criminal justice systems. The U.S. Supreme Court has ruled that sobriety checkpoints are constitutional, which means they’re perfectly legal for police to set up and use.

But in Wisconsin, police have to have probable cause to believe that you’re breaking a law to pull you over – and that means we don’t have DUI checkpoints. The police have to see you weaving between lines, failing to use a turn signal, or exhibiting other behaviors on the road that make them suspect you’ve been drinking and driving before they can pull you over and check to see if you’re sober.

Instead of DUI checkpoints, police create task forces staffed with police who actively look for drunk drivers. The task forces watch for people operating while intoxicated during times that people are more likely to drive drunk, such as late weekend nights, in areas where there are frequent OWI arrests (like in areas that have a lot of bars and restaurants).

Here’s what to do if you’re nabbed by a Milwaukee OWI task force:

  • Remain calm. Don’t give the police any reason to say you’re not being cooperative.
  • Be polite and respectful.
  • Be very careful about what you say, because the police can (and will) use anything you say against you in court.
  • Be prepared to be arrested if you refuse to take a field sobriety test. If you’re arrested, you will still be required to submit to chemical testing to see if you have alcohol in your system. Chemical testing can include a breath test, blood test, or in rarer cases, a urine test.

Were You Arrested for OWI by a Drunk Driving Task Force?

If police arrested you for drunk driving, regardless of what your blood alcohol content was at the time you were tested, we may be able to help you.

Call our experienced Milwaukee OWI attorneys right now at 414-383-6700 for a free consultation. We’ll ask you some questions and answer all your questions, and we can begin building a defense strategy that gets you the best possible outcome.

Carlos Gamino

By |2019-11-27T22:28:29-06:00November 27th, 2019|Criminal Law, Traffic Offenses|Comments Off on DUI Checkpoints in Wisconsin