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About Carlos Gamino

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

Is it Okay to Move Out of State During Divorce if You Have Kids?

By Attorney Carlos Gamino

Can You Move Out of State During Divorce With Kids - Attorney Carlos Gamino

During or after divorce, you may want to move to another state with your children. However, Wisconsin law prevents you from doing so except in limited cases.

Can You Move Out of State During Divorce With Kids?

Sometimes you can move out of state during your divorce. In order to get permission to do so, you have to file a motion with the court that includes a relocation plan. If you intend to move more than 100 miles away from the other parent, even if you are staying in Wisconsin, you must also file a motion with the court that includes a relocation plan. Your relocation plan has to include the following information:

  • Your proposed move date
  • Where you’re going
  • Why you want to move with your children
  • A new placement schedule (if applicable), which includes placement of your children during the school year, during summer and over holidays
  • Each parent’s responsibility for the costs associated with transporting the children back and forth

You don’t have to file a motion if you already live more than 100 miles from your children’s other parent, but you still have to notify him or her about the move. (Your Milwaukee family law attorney can give you case-specific advice on what to do in a situation like this.)

If the other parent chooses to object, he or she must do so more than 5 days before the initial court hearing.

What About the Hearing?

You and your children’s other parent will attend an initial hearing within 30 days of the motion. The court will determine whether it’s in the kids’ best interests to move out of state or more than 100 miles from their other parent.

Are You Thinking of Moving During Divorce?

If you intend to move out of state or more than 100 miles from your children’s other parent, we may be able to help you. Call us at 414-383-6700 to schedule your consultation now.

Attorney Carlos Gamino

By |2019-10-18T16:30:35-05:00October 18th, 2019|Family Law|Comments Off on Is it Okay to Move Out of State During Divorce if You Have Kids?

Double Jeopardy in Wisconsin

What is Double Jeopardy - Attorney Carlos Gamino

By Attorney Carlos Gamino

Double jeopardy is a legal term that refers to being prosecuted twice for the same offense. If you’ve ever watched a crime or courtroom drama on TV, you’ve probably heard the term – but a lot of people don’t understand what it means in a legal sense, so this guide explains.

What is Double Jeopardy?

The Fifth Amendment to the Constitution has a double jeopardy clause which says that nobody can “be subject for the same offense to be twice put in jeopardy of life or limb.” What that means in modern English is that if you’re tried for a crime and acquitted, the state can re-try you for the same crime. This prevents prosecutors from putting people back through the legal system if they’re not happy with the outcome of a case – and it protects people from the financial and emotional toll of repeated prosecutions. It also preserves the “finality” of criminal proceedings – once you’re done, you’re done.

Can a Judge Throw Out a Case for Double Jeopardy?

Because the Constitution prevents the state from prosecuting you for the same offense twice, the court can throw out a case for double jeopardy. The state can only convict you once for the same crime – and it can’t prosecute you for a charge that was dismissed in a plea agreement, either. That means if you entered a plea agreement where you agreed to a conviction for one charge, and the state dismisses another charge connected to the same case, you can’t be prosecuted for the one the state dismissed.

Sometimes cases look like double jeopardy when they aren’t, though. For example, if you’re convicted of a crime but a case later gets thrown out, there’s a possibility that you can be retried for that offense. If you’re not sure, you should absolutely contact a Milwaukee criminal defense attorney – he or she can tell you whether something appears to be double jeopardy under the law.

Do You Think You’re a Victim of Double Jeopardy?

If you think you’re being subjected to double jeopardy, Gamino Law Offices may be able to help you. Call us right now at 414-383-6700 to set up your free consultation.

Attorney Carlos Gamino

By |2019-10-18T16:31:24-05:00October 18th, 2019|Criminal Law|Comments Off on Double Jeopardy in Wisconsin

OWI on a Snowmobile in Wisconsin

Can You Get an OWI on a Snowmobile in Wisconsin - Carlos Gamino

By Carlos Gamino

Most people know that OWI means “operating while intoxicated,” but typically, it’s associated with driving a car on a Wisconsin roadway. What most people don’t know is that you can – and people often do – get OWI charges for operating snowmobiles while intoxicated.

With winter right around the corner, here’s what you need to know.

Can You Get an OWI on a Snowmobile in Wisconsin?

When you use a snowmobile on public land anywhere in Wisconsin, you automatically consent to a breath or blood test to measure the amount of alcohol in your system – and if you’re over the legal limit, you can absolutely be charged with OWI.

Snowmobiles are motor vehicles, which means you can be subject to the same laws (and the same penalties) you’d face if you were operating a boat, car or truck. OWIs on snowmobiles are cumulative, too, so just like you can get a second or third OWI and face harsher penalties in a car, you can get a second or third (or subsequent) OWI on a snowmobile with harsher penalties.

What if Police Stop You and Ask You to Take a Breath Test on a Snowmobile?

For most people, the best course of action to take if the police stop you is to cooperate. Submit to the test the police officer wants you to take. If you refuse to take a breath test, you are violating Wisconsin’s implied consent law – and that’s a totally separate crime.

Can You Get an OWI on Your Snowmobile if You’re on Private Land?

Wisconsin’s snowmobile OWI laws apply to public land. If you’re on private land, police can still require you to submit to chemical testing if they’ve observed you committing another criminal offense – so just because you’re on private land doesn’t mean you’re automatically off the hook for drinking and snowmobiling.

Did You Get Charged With OWI on a Snowmobile?

If you were charged with OWI on a snowmobile, Gamino Law Offices may be able to help you. Call us at 414-383-6700 right away – we’ll be happy to provide you with a free OWI consultation.

Carlos Gamino

By |2019-10-18T16:32:10-05:00October 18th, 2019|Criminal Law|Comments Off on OWI on a Snowmobile in Wisconsin

The Basics of Legal Custody in Wisconsin

What is Legal Custody in Wisconsin - Carlos Gamino

By Carlos Gamino

Divorcing parents typically have to figure out what to do with their children when they split up. Parents have to decide on two types of custody: Legal custody and physical placement. Physical placement refers to where the children will reside and how they’ll spend time with each parent, but legal custody is an entirely different matter – and not all parents share it in the state of Wisconsin.

What is Legal Custody in Wisconsin?

Legal custody refers to a parent’s rights to make major decisions about his or her children. These major decisions can include things like:

  • Religious upbringing
  • Choice of school
  • Educational decisions
  • Non-emergency healthcare
  • Consent to marry
  • Whether or not to allow the child to get a driver’s license
  • Consent to join the military

Naturally, daily decisions – like what the kids will have for dinner or where they’ll go for emergency medical care – are up to the parent who has them at the time. For the most part, parents can decide whether the kids can have playdates, play certain video games or even celebrate holidays in a certain way while the children are with them. Legal custody only refers to major decisions, and those hold over even when the children are not with the parent who has legal custody.

Sometimes parents share legal custody, but in some cases, only one parent gets it.

Joint Legal Custody vs. Sole Legal Custody

In joint legal custody, both parents have equal rights to make major decisions about their children under Wisconsin law. Typically, parents who share legal custody make big decisions together.

When only one parent has legal custody, though, he or she doesn’t have to consult the other parent (although it can make co-parenting easier). Only one parent has the legal right to make big decisions about the children.

In some cases, the courts can rule that one parent has the sole right to make some decisions, such as where the child will attend school, but not other decisions.

Usually, the law presumes joint legal custody unless there are reasons for a court to order sole custody.

Do You Need Legal Advice About Child Custody?

If you’re contemplating divorce, or if your spouse has already filed, we may be able to help you. Call our Milwaukee custody lawyers at 414-383-6700 to schedule your consultation today.

Carlos Gamino

By |2019-10-18T16:33:00-05:00October 18th, 2019|Family Law|Comments Off on The Basics of Legal Custody in Wisconsin

What to Do if You Are Charged With Employee Theft

Employee Theft Basics - Carlos Gamino

By Carlos Gamino

Being charged with employee theft is scary – it means you could be facing a misdemeanor or a felony, depending on the value of what you allegedly stole. Employee theft is commonly called embezzlement. Here’s what you need to know if you’ve been charged with employee theft in Wisconsin.

Employee Theft Basics

Someone who has possession or custody of money, or similar security, is entrusted with using it properly. However, if that person “intentionally uses, transfers, conceals, or retains possession of such money, security, instrument, paper or writing without the owner’s consent, contrary to his or her authority, and with intent to convert to his or her own use or to the use of any other person except the owner,” it’s a crime.

You can be charged with and convicted of embezzlement if you:

  • Possessed money that belonged to someone else because of your employment
  • Intentionally used the money without the owner’s consent, and contrary to your authority
  • Knew that you didn’t have the owner’s consent to use the money and that it was contrary to your authority
  • Intended to use the money for yourself or another person who wasn’t the money’s owner

When the law says contrary to your authority, it’s making a provision for people whose bosses say things like, “Take money from the safe and buy office supplies,” as well as people who can use money that doesn’t belong to them at their own discretion (such as when the company makes a credit card available for taking clients out to lunch or paying for minor office expenses). If you have the authority to use the money as part of your work, you’re not embezzling.

When is Employee Theft a Misdemeanor, and When is it a Felony?

Employee theft is a Class A misdemeanor when the value of the property is less than $2,500. If the value is:

  • $2,500 to $5,000, it’s a Class I felony
  • $5,000 to $10,000, it’s a Class H felony
  • Over $10,000, it’s a Class G felony

Have You Been Accused of Employee Theft?

If you’ve been accused of employee theft, you may need to talk to an embezzlement attorney in Milwaukee right away. Call us at 414-383-6700 to set up your free consultation. We’ll answer your questions and explain what you’re facing, and if we’re going to work together, we’ll start developing a strategy that gets you the best possible outcome.

Carlos Gamino

By |2019-10-18T16:33:30-05:00October 18th, 2019|Criminal Law|Comments Off on What to Do if You Are Charged With Employee Theft

Expedited Naturalization for Spouses of Service Members

Expedited Naturalization for Spouses of Service Members - Carlos Gamino

By Carlos Gamino

If you’re the spouse of a military service member – or if you’re a military service member with a foreign national spouse – your family might qualify for expedited naturalization. Here’s what you need to know.

What is Expedited Naturalization?

Expedited naturalization makes some people exempt from some of the regular naturalization requirements that others have to meet. It can allow a couple to live together abroad rather than being separated for several years because it waives certain physical presence and residency requirements.

Expedited Naturalization for Spouses of Service Members

As a military spouse, you may be able to apply for naturalization under INA 319(b) if you:

  • Are married to a U.S. citizen military service member
  • Are 18 or older
  • Are authorized to accompany your spouse abroad through your spouse’s official orders
  • Be present in the U.S. as a lawful permanent resident by the time you have your naturalization interview
  • Are present in the U.S. at the time of your naturalization
  • Declare in good faith that you have the intent to reside abroad with your spouse, and to reside in the U.S. as soon as your spouse’s service abroad is over
  • Be able to read, write and speak basic English
  • Have a basic knowledge of U.S. government and U.S. history
  • Have been, and continue to be, a person of good moral character who is attached to the principles of the U.S. Constitution, and you must be well-disposed to the “good order and happiness of the U.S. during all relevant periods under law”

If you’re on your active-duty spouse’s PCS orders, you can get in touch with the Military Help Line or work through a Milwaukee immigration attorney to apply.

Are You a Military Spouse Who Needs Expedited Naturalization?

If you’re the spouse of a military service member who is also a U.S. citizen, we may be able to help you through the expedited naturalization process. Call us at 414-383-6700 to schedule your consultation now.

Carlos Gamino

By |2019-10-18T16:34:12-05:00October 18th, 2019|Immigration Law|Comments Off on Expedited Naturalization for Spouses of Service Members

What is Obstruction of Justice?

What is Obstruction of Justice - Attorney Carlos Gamino

By Attorney Carlos Gamino

In the state of Wisconsin, obstruction of justice is a crime – but it’s not one specific crime. The term can refer to any action that prevents a law enforcement officer or any other agent of the law from doing his or her job. (Agents of the law include prosecutors, judges, probation officers and a variety of other people whose duty is to uphold Wisconsin and federal laws.) Obstruction of justice can refer to things like:

  • Lying to a police officer
  • Resisting arrest
  • Lying in court
  • Preventing police from chasing someone or gathering evidence
  • Hiding, tampering with or destroying evidence

There are other actions that could count as obstruction, too, so if you’re not sure why you’ve been charged with this crime, it’s probably a good idea to talk to a Milwaukee obstruction attorney as soon as you can. He or she will be able to explain the situation to you and help you start moving forward.

What Kind of Crime is Obstruction of Justice in Wisconsin?

Obstruction of justice can be a misdemeanor or felony in Wisconsin. For example, it’s a Class H felony if:

  • You knowingly give false information with the intent to mislead an officer, or you place physical evidence somewhere with the intent to mislead an officer
  • False information or physical evidence you provide is presented as truth in court and leads to an innocent person’s conviction
  • You flee or hide from an officer

Do You Need Legal Help for Obstruction?

You could go to jail if the court convicts you of obstruction, so if you think you may have made a mistake, or if you lied to police (either on purpose or accidentally), you may want to talk to an attorney right away. Gamino Law Offices may be able to help you – just call us at 414-383-6700 to schedule your free consultation now.

Attorney Carlos Gamino

By |2019-10-18T16:34:47-05:00October 18th, 2019|Criminal Law|Comments Off on What is Obstruction of Justice?

Here’s What Can Happen if You Violate Extended Supervision in Wisconsin

What Happens if You Violate Your Parole - Attorney Carlos Gamino

By Attorney Carlos Gamino

When you’re released from prison, you’ll likely have to serve time on supervision to complete your sentence. Extended supervision, is like Wisconsin’s version of parole.  Extended supervision typically requires you to meet with a probation and parole officer at regularly scheduled intervals. You’ll check in and show that you’re still complying with the terms of your parole, and you might have to do things like take drug tests, stick to a curfew, or attend counseling. You’ll also have to make all your required court appearances and stay out of trouble.

But what happens if you violate your extended supervision in Wisconsin?

Did You Violate Extended Supervision? Here’s What Can Happen

Violating your extended supervision means that you didn’t hold up your end of the deal. Maybe you failed a drug test, didn’t show up for a meeting with your probation and parole officer, or stopped attending counseling that the court ordered you to attend.

If you’re accused of a violation, you can be picked up and sent to jail for revocation proceedings. Your Milwaukee parole violation lawyer can represent you and explain your side of the story to the court.

However, if the judge finds that you violated your supervision, you could face serious consequences, including:

  • Fines
  • Community service
  • Mandatory counseling
  • Revocation of your supervision, which means you have to go back to prison

Sometimes your attorney can defend you, though, such as when you didn’t intend to violate your supervision, or if you were accused of a new offense that isn’t criminal in nature. There are several other ways your lawyer may be able to defend you, too.

Have You Been Accused of Violating Your Extended Supervision or Parole?

If you were accused of violating the terms of your extended supervision, we may be able to help you. Call us at 414-383-6700 and tell us what happened. We can answer your questions and start developing a strategy that gets you the best possible outcome.

Attorney Carlos Gamino

By |2019-10-18T16:35:20-05:00October 18th, 2019|Criminal Law|Comments Off on Here’s What Can Happen if You Violate Extended Supervision in Wisconsin

What Happens if You Skip a Probation Appointment?

What Happens if You Skip a Probation Appointment - Carlos Gamino

By Carlos Gamino

Probation, which is an alternative to incarceration, is still a criminal sentence. If you’re on probation, the court will require you to meet with a probation officer on certain days at certain times. Usually, you’ll work out your appointments directly with the probation officer (or his or her office). You can’t miss your appointments, though. If you do, you could be subject to serious penalties under Wisconsin law.

What Happens at a Probation Appointment?

When you go to an appointment with your probation officer, he or she will check in with you to make sure you’re holding up your end of the deal. Because probation is an alternative to jail or prison, and because it’s still a sentence, you have to meet certain conditions. You may have to take regular drug tests, stick to a curfew or attend counseling or drug education classes. You’ll also have to make it to all your court appearances, and you have to stay out of trouble with the law while you’re on probation.

Will You Get in Trouble if You Miss a Probation Appointment?

If you miss an appointment with your probation officer, you can face criminal penalties. You could also have to pay fines or:

  • Stay on probation longer
  • Have your probation revoked, which means you’ll have to go to jail and serve the rest of your sentence there
  • Be required to attend counseling or drug education classes

In some cases, your lawyer can help you by showing the court that you didn’t intend to miss your probation appointment. For example, if you have a genuine emergency or your car broke down on the way to your appointment, your attorney may be able to show the court proof that you tried but couldn’t make it – and in that case, the judge can make an informed decision on what to do next.

Ideally, if you know you’re going to miss an appointment, you should call your probation officer and ask to reschedule. You should never decide to skip it without telling your probation officer.

Did You Miss a Probation Appointment?

You may be able to straighten things out with your probation officer if you missed an appointment. However, you may have to go back to court – and we may be able to help you. Call us at 414-383-6700 right now if you missed a probation appointment and you’re supposed to appear before a judge.

Carlos Gamino

By |2019-10-18T16:35:46-05:00October 18th, 2019|Criminal Law|Comments Off on What Happens if You Skip a Probation Appointment?

Can You Claim Self-Defense in a Domestic Violence Case?

Can You Claim Self-Defense in a Domestic Violence Case - Carlos Gamino

By Carlos Gamino

Sometimes people are charged with domestic violence offenses when really, all they were doing was defending themselves. It’s not uncommon for people to be falsely accused – or even for people who were falsely accused to be convicted of a crime they didn’t actually commit.

If you were simply defending yourself from another person but you were charged with domestic violence, here’s what you need to know.

Can You Claim Self-Defense in a Domestic Violence Case?

When you’re accused of a crime, the prosecutor in your case – that’s the lawyer who works for the state – has to prove beyond a reasonable doubt that you’re guilty. You don’t have to prove that you’re innocent; that’s not the way it works.

If you have been accused of domestic violence, your lawyer may be able to tell the court that you were only defending yourself. Really, what that means under Wisconsin law is that you did touch the other party in your case (the one who is claiming to be the victim), but that you had the law on your side when you did so. The law definitely allows you to protect yourself from violence and harm (and in many cases, it allows you to protect other people from violence and harm, too).

For example, if you have no reason to believe that you could’ve left the situation without physically defending yourself (or someone else, such as your child), you may be able to claim self-defense in a domestic violence case. There are limits to self-defense, though. You can’t beat someone unconscious for threatening to hit you, and you certainly can’t intentionally cause someone great bodily harm for throwing a feather duster at you. Typically, when you defend yourself or someone else, your actions have to be proportional to the threat.

Have You Been Accused of Domestic Violence When You Were Really Just Defending Yourself?

If you’ve been charged with domestic violence but it’s really a self-defense situation, Gamino Law Offices may be able to help you. We may also be able to help you if it wasn’t a self-defense situation. Your best bet is to call us right away at 414-383-6700 to schedule a free case review.

Carlos Gamino

By |2019-10-18T16:36:18-05:00October 18th, 2019|Criminal Law|Comments Off on Can You Claim Self-Defense in a Domestic Violence Case?