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About Carlos Gamino

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

Can You Get Into Trouble for Calling in a Bomb Threat in Milwaukee?

By Carlos Gamino

If you attended high school in the United States, there’s a good chance that someone called in a bomb threat while you were there – it’s something that happens all over the country. But what you may not know is that calling in a bomb threat is a serious crime in Wisconsin, whether it’s committed by a juvenile or an adult. This guide explains.

What Happens if You Call in a Bomb Threat in Wisconsin?

Calling in a bomb threat is a felony offense. In fact, Wisconsin law calls it a bomb scare and says “Whoever intentionally conveys or causes to be conveyed any threat or false information, knowing such to be false, concerning an attempt or alleged attempt being made or to be made to destroy any property by the means of explosives is guilty of a Class I felony.”

The key there is the phrase knowing such to be false. If you reasonably suspect that there’s a bomb somewhere, call the police! This law is designed to prevent people from pulling pranks and causing panic.

Related: What’s the difference between probation and parole?

What if You’re Found Guilty of a Bomb Scare?

Because a bomb scare is a Class I felony, it comes with serious criminal penalties. The judge in your case can sentence you to up to 1 year, 6 months in prison with 2 years of extended supervision. The judge can also order you to pay fines of up to $10,000.

Related: 3 reasons you should have a lawyer present during questioning

What to Do if You’re Accused of Calling in a Bomb Threat

If you’re accused of calling in a bomb threat, the best course of action may be to call a Wisconsin criminal defense attorney. Your attorney will ask you what happened, find out what type of evidence the police and prosecution may have against you, and figure out what to do in order to get you the best possible outcome.

Call us at 414-383-6700 to schedule your free consultation. Our team will get the information we need to help protect your rights.

Attorney Carlos Gamino

By |2021-09-19T14:35:32-05:00November 29th, 2021|Criminal Law|0 Comments

When Can You Be Charged With Attempting a Crime?

By Carlos Gamino. Click here for the audio version.

Wisconsin police can arrest you and take you to jail for only attempting to commit a crime – even if you don’t succeed at committing it. Here’s what you need to know about attempted crime and the penalties associated with various attempted offenses.

When Can You Be Charged With Attempting a Crime?

Attempting a crime means a person tried to commit a crime but didn’t necessarily succeed in pulling it off. For example, if a person walks into a bank, waves a gun and tells the teller to give them all the cash, but the teller doesn’t do so, the person didn’t actually rob the bank; however, they did attempt the robbery.

Related: Do the police have to read you your rights?

That person can be charged with and convicted of attempted robbery. Under Wisconsin law, there a specific penalties for attempted crimes. In many cases, you can be sent to prison for up to half the time that you would be sentenced to if you had completed the crime. For example, if you had committed the crime and the judge could have sentenced you to 20 years in prison, an attempted offense could get you 10 years behind bars. However, there are plenty of exceptions to that, such as when you’re subject to penalty enhancers that increase the sentence. You can also be sentenced to extended supervision and fines, just as you would if you had successfully completed the crime.

In other cases, you can be charged with and convicted of the complete crime – even if you don’t succeed. Every case (and every criminal offense) is different.

Related: Why you should have an attorney present during questioning

What to Do if You’re Accused of Attempting a Crime

If the state of Wisconsin has charged you with an attempted crime, you may want to talk to a Wisconsin criminal defense lawyer. Our team may be able to help you – just call us at 414-383-6700 to schedule your free consultation now. We’ll ask you some questions about the situation and evaluate your case, and then we’ll give you the legal advice you need to move forward.

Attorney Carlos Gamino

By |2021-11-23T11:29:30-06:00November 22nd, 2021|Criminal Law|0 Comments

What Happens if You Get a DUI Around the Holidays?

By Carlos Gamino. Click here for audio version.

The holidays are right around the corner, and for many people in Wisconsin, that means DUI charges are coming. But what happens if you get a DUI during the holidays – will you go to court sometime next year, or will you spend Thanksgiving or Christmas locked in a cell? This guide explains.

What Happens if You Get a DUI Around the Holidays?

Getting a DUI during the holidays is the same as it is any other time of year; you’ll be facing harsh criminal penalties and could end up spending time behind bars. That can really throw a wrench in your holiday plans, so here’s what you need to know.

Going to Court During the Holidays

In Wisconsin, the courts are typically open and hearing cases Monday through Friday during normal business hours – and that means if you’re caught driving under the influence on a Friday night, you’ll likely have to wait until Monday morning (or later) to see a judge. You could spend the entire weekend in jail.

Holiday hours vary quite a bit for Wisconsin courts, though (the circuit courts’ schedules are listed here). Many are closed on Veterans Day, which falls on a Thursday, and all of them are closed on Thanksgiving Day; many are also closed the next day (Friday, November 27), as well. Courts are closed on December 24 (a Friday) as well as Thursday, December 31 and Friday, January 1. That means if you’re arrested for drunk driving and kept in jail, you won’t see a judge until the next business day. For example, if you’re arrested for DUI on Wednesday, December 30, you won’t see a judge until after the court opens on Monday, January 3.

What if You’re Caught at a DUI Checkpoint in Wisconsin?

The police in Wisconsin can’t set up DUI checkpoints at specific locations, but they can – and do – put out patrols at times they believe a significant number of drunk drivers will be on the roads. The Milwaukee County Sheriff’s Office has “Operation Drive Sober,” for example, which puts extra officers on the roads from Friday afternoon through Sunday morning to look for signs of impaired driving. Often, police departments all over the state do the same on holidays, sending out extra patrols to find and arrest drunk drivers.

What Should You Do if You’re Arrested for DUI on a Holiday?

The first thing you should do if you’re arrested for DUI on a holiday is get in touch with a Wisconsin drunk driving attorney. Your attorney can help determine whether you have to remain in jail until you see a judge – and then your lawyer can represent you when it’s your turn in court.

Do You Need to Talk to a DUI Lawyer in Wisconsin?

If you or someone you care about has been arrested for DUI in Wisconsin, we may be able to help you. Call us at 414-383-6700 for a free consultation now; we’ll ask you some questions and make a plan of action that gets you the best possible outcome.Attorney Carlos Gamino

By |2021-11-23T11:34:34-06:00November 16th, 2021|Criminal Law, Traffic Offenses|Comments Off on What Happens if You Get a DUI Around the Holidays?

What’s the Penalty for Hiring a Hit Man in Wisconsin?

By Carlos Gamino. Click here for audio version.

In the state of Wisconsin, when you attempt or contribute to a crime, you can be charged with the actual offense – and the courts can convict and sentence you appropriately. But what about hiring a hit man? This guide explains the possible penalties and what you should do if police have accused you of committing this crime.

What’s the Penalty for Hiring a Hit Man in Wisconsin?

Hiring a hit man can lead to specific criminal charges; Wisconsin law calls it conspiracy to commit first-degree intentional homicide. In this context, the law defines a person as committing conspiracy as “whoever, with intent that a crime be committed, agrees or combines with another for the purpose of committing that crime may, if one or more of the parties to the conspiracy does an act to effect its object, be fined or imprisoned or both not to exceed the maximum provided for the completed crime; except that for a conspiracy to commit a crime for which the penalty is life imprisonment, the actor is guilty of a Class B felony.”

In plain English, that means that if you hire a hit man, you’re guilty of committing conspiracy to murder and the state can charge you with (and convict you of) the murder as if you’d done it yourself. You can also be charged and convicted of a crime if you hire a hit man and the murder was never committed (such as when you speak with an undercover police officer rather than a hit man, or when the person you hire does not complete the crime).

In the case of murder, the charge is likely to be first-degree intentional homicide, which carries a penalty of life in prison.

Related: Violent crimes in Wisconsin

What to Do if You’re Accused of Hiring a Hit Man in Wisconsin

If you’ve been accused of hiring a hit man in Wisconsin, you may need to talk to a criminal defense lawyer immediately. Murder is a serious charge, and it’s one that could put you in prison for the rest of your life – and you could benefit from legal guidance. Call our office at 414-383-6700 right now to schedule your free consultation; we may be able to help you.

Attorney Carlos Gamino

By |2021-11-23T11:36:03-06:00November 15th, 2021|Criminal Law|Comments Off on What’s the Penalty for Hiring a Hit Man in Wisconsin?

COVID-19 Vaccine Now Required for Entry

By Carlos Gamino. Click here for audio version.

If you’re applying to immigrate to the United States, you’ll have to prove that you’ve been vaccinated against COVID-19 during your required medical exam – and if you’re not vaccinated, you’ll have to become vaccinated or show a reason that you’re unable to do so. Here’s what you need to know.

Immigration: COVID-19 Vaccine is Mandatory

U.S. Citizenship and Immigration Services requires immigrants to prove several vaccinations. In fact, you must have been vaccinated against hepatitis A, polio and chickenpox, as well as several others when you apply to immigrate to the U.S.

USCIS recently added the COVID-19 vaccine to that list. The agency says “If the applicant has not received any of the listed vaccinations and the vaccinations are age appropriate and medically appropriate, the applicant has a Class A condition and is inadmissible.” That means unless you have a medical exemption or you’re not old enough to receive the COVID-19 vaccine (such as kids under the age of 12, as of the time of this writing), you must have valid proof of a COVID shot or USCIS will deny your petition.

Related: Can you immigrate to the U.S. with a criminal record?

Does the COVID-19 Vaccine Rule Apply to All Immigrants?

All immigrants are required to comply with the vaccine requirement. That includes people who wish to become permanent residents, citizens, workers and those who fall into a number of other categories. If you must take a medical exam for your immigration action, you’re required to be vaccinated or prove that you have a valid exemption.

Are There Waivers Available to Immigrants With Religious Objections to the COVID-19 Vaccine?

There are waivers available to immigrants who have genuine religious or moral objections to the COVID-19 vaccine – but you can’t simply say you object to the COVID-19 vaccine. You must demonstrate that you have an objection to all vaccines. USCIS evaluates waiver petitions on a case-by-case basis, but there’s no guarantee that yours will be accepted.

Related: Can you be deported for committing a crime?

Do You Need to Talk to an Immigration Lawyer About Coming to the U.S. or Adjusting Your Status?

If you’re looking at immigration proceedings, whether you’re coming to the U.S. in the near future or you’re here and ready to adjust your status, we may be able to help – with or without your COVID-19 vaccine. Call us at 414-383-6700 to schedule an immigration consultation now; we’ll answer your questions and determine the best path forward for you.

By Attorney Carlos Gamino

By |2021-11-23T11:37:47-06:00November 9th, 2021|Immigration Law|Comments Off on COVID-19 Vaccine Now Required for Entry

What’s the Difference Between 1st and 2nd Degree Intentional Homicide in Wisconsin?

By Carlos Gamino. Click here for audio version.

In the state of Wisconsin, murder is a very serious crime – and it’s one that can land you in prison for the rest of your life. There are many types of murder charges the state can use to put you behind bars, and two of them are first-degree intentional homicide and second-degree intentional homicide. But what are the differences between the two, and which one has a longer prison sentence? This guide explains.

What Are the Differences Between First-Degree and Second-Degree Intentional Homicide?

Intentional homicide, which is murder that someone commits on purpose, is divided into two categories in Wisconsin: First-degree and second-degree. The legal definitions of each are as follows:

  • First-degree intentional homicide occurs when one person intentionally causes another person’s death, or the death of an unborn baby while attempting to kill the mother.
  • Second-degree intentional homicide occurs when one person intentionally causes another person’s death, but the person has just cause in killing the victim.

Related: What rights do you have in police custody?

First-Degree Intentional Homicide in Wisconsin

First-degree intentional homicide is a Class A felony. This is the charge that prosecutors use when a person intended to kill another person. Intent is incredibly important – it’s what distinguishes first-degree homicide from second-degree homicide in this case – and it refers to a person meaning to kill someone else.

If you’re convicted of first-degree intentional homicide, you could go to prison for life.

Second-Degree Intentional Homicide in Wisconsin

Second-degree intentional homicide is a Class B felony in Wisconsin. This charge is reserved for people who have a valid reason for killing another person, such as adequate provocation, prevention of a felony or coercion, or self-defense when the person used too much force to defend themselves.

If you’re convicted of second-degree intentional homicide, you could spend up to 40 years in prison (longer if you have a prior conviction) and up to 20 years on extended supervision.

What Should You Do if You’re Accused of Any Homicide Offense in Wisconsin?

Homicide charges can be incredibly scary – and working with an attorney can help. Call our office at 414-383-6700 to schedule your free consultation right now. We can send an attorney to speak with you in jail or talk to you over the phone. We’ll ask some questions about your situation, be there with you when the police question you, and represent your best interests in court.

Attorney Carlos Gamino

By |2021-11-23T11:39:14-06:00November 8th, 2021|Criminal Law|Comments Off on What’s the Difference Between 1st and 2nd Degree Intentional Homicide in Wisconsin?

Can You Be Involuntarily Committed in Wisconsin?

By Carlos Gamino. Click here for audio version.

If you’re like many people, you’re not sure whether you can be involuntarily committed in the state of Wisconsin – or what happens when a court orders you to seek treatment that you don’t want. This guide explains.

Can You Be Involuntarily Committed in Wisconsin?

In some cases, you can be involuntarily committed to a mental health facility or treatment facility in Wisconsin. That means that the state or county can order you to the care and custody of one of these entities or facilities, even without your consent.

Under Wisconsin law, the courts can require involuntary treatment for someone who’s considered dangerous, treatable, and is:

  • Mentally ill
  • Drug-dependent
  • Developmentally disabled

What Does “Dangerous” Mean When it Comes to Involuntary Commitment?

In order for the court to order you to receive involuntary treatment, you must be considered dangerous. However, dangerous doesn’t necessarily mean you’re going to go out and harm other people. In fact, the law says you can be considered dangerous because you are (or seem to be) likely to:

  • Harm yourself
  • Harm others
  • Injure yourself or others due to impaired judgment
  • Be unable to care for yourself by satisfying your basic needs for nourishment, medical care, shelter or safety
  • Remain drug dependent or refuse medication or treatment that you need

How Can Someone Have You Involuntarily Committed in Wisconsin?

There are three ways an individual or the state can initiate involuntary commitment proceedings:

  1. A statement of emergency detention by a law enforcement officer. In this case, an officer can take you into custody if they believe you’re mentally ill, drug dependent or developmentally disabled and taking you into custody is the least restrictive alternative for your needs. Additionally, the officer must show that you made a recent threat or attempt at suicide, a threat or attempt to harm others, there’s a serious probability of you harming yourself or others due to your impaired judgment, or there’s a serious probability that you’ll die or become seriously injured because you can’t feed yourself, seek medical care, or find shelter or safety.
  2. A statement of emergency detention by a treatment director. If you’ve been voluntarily admitted to one of several treatment facilities, the treatment director can sign this statement to detain, evaluate, diagnose and treat you if you meet the same conditions that you’d meet for a law enforcement officer to take you into custody.
  3. A three-party petition process. Three adults – at least one of whom knows you personally – must submit a petition for an examination.

Do You Need to Talk to an Attorney About Involuntary Commitment?

If you need to speak with an attorney about commitment in a mental health facility or treatment facility, we may be able to help you and give you the legal advice you need. Call our office today at 414-383-6700 to schedule your free consultation. We’ll work hard to get you the best possible outcome.

Attorney Carlos Gamino

By |2021-11-23T11:40:25-06:00October 26th, 2021|Healthcare Law, Mental Health Law|Comments Off on Can You Be Involuntarily Committed in Wisconsin?

What Happens if You’re Caught With a Knife in School?

By Carlos Gamino. Click here for audio version.

Carrying a knife is perfectly legal in Wisconsin – under most circumstances. It’s not legal to carry a knife in school (or any publicly owned building, for that matter). But what will happen to you if you’re caught with a knife in school? This guide explains.

What Happens if You’re Caught With a Knife in School?

Most people can legally carry knives with blades of any length in the state of Wisconsin. In fact, you can legally carry a kitchen knife, a machete, a switchblade or anything else, as long as you’re not prohibited from possessing a firearm and as long as you’re not in a school or another publicly owned building.

If you do have a knife in a school or other public building, Wisconsin law says you’re guilty of a Class A misdemeanor. Even if you’re a minor, the state may choose to charge you as an adult, which means you’re subject to the same jail time that any other adult would be.

Related: Are you financially responsible for your child’s crimes?

The Penalty for a Class A Misdemeanor for Carrying a Knife in School

If you’re convicted of a Class A misdemeanor for carrying a knife in school, you could end up going to jail for up to 9 months and paying fines of up to $10,000.

Misdemeanors, like all other criminal offenses, go on your permanent criminal record. They’ll stay there unless you’re eligible to clear your record later – and that’s not as common (or as easy) as you may think. That means future employers, landlords and other people who do background checks on you will likely see that you have a criminal history.

Related: Delinquency petitions in Wisconsin

What to Do if You’re Caught With a Knife at School

If you’re caught with a knife at school, your best bet may be to contact a Wisconsin criminal defense lawyer. Call us at 414-383-6700 to set up your free consultation. We’ll be happy to answer your questions and give you the legal advice you need.

Attorney Carlos Gamino

By |2021-11-23T11:42:06-06:00October 25th, 2021|Criminal Law, Juvenile Law|Comments Off on What Happens if You’re Caught With a Knife in School?

Who Gets the Pets in a Wisconsin Divorce Case?

By Carlos Gamino. Click here for audio version.

If you’re like many pet parents getting a divorce in Wisconsin, one of your primary concerns is what will happen to your four-, two- or no-legged family members. Pet custody is a real thing, and it’s been gaining steam across the U.S. – but what about Wisconsin? This guide explains pet custody and who gets the pets in a Wisconsin divorce.

Who Gets the Pets in a Wisconsin Divorce Case?

In the state of Wisconsin, pets are considered personal property. That means one of you – you or your soon-to-be ex-spouse – will typically be awarded the pets. However, judges are permitted to honor agreements that you and your ex make about pet visitation and custody.

Related: What to know before you get a divorce

If you and your ex can’t agree on what should happen with your pets, it makes sense to go to mediation to find common ground. There, you can reach an agreement that details the terms of your pet custody arrangement; you can even agree on who’s financially responsible for the pet, and which of you has the right to make major decisions regarding your pet’s health and well-being (including euthanasia when the time comes).

When you and your spouse reach an agreement about your pets, the court will likely incorporate it into your final judgment. That means the terms you agreed to become legally binding (and enforceable).

If you cannot agree, you may ask the judge to listen to evidence from both sides – including testimony on your bond with your pet, how much you’ve contributed to its care and upbringing, and who should be responsible for financial obligations related to the pet.

However, this all depends on the judge. Some judges only see pets as personal property and nothing more. If that happens in your case, provided that you and your spouse haven’t reached an agreement, the judge will determine where the pet goes.

Related: Divorce survival tips

Pro Tip: If you have children, you can treat the pet as the children’s property and determine that the family pet should go where the children go. The pet will visit with each parent at the same time as the kids do.

Do You Need to Talk to a Lawyer About Pet Custody?

If you’re a divorcing pet parent, we may be able to help you. Although there’s no way to predict how a judge will rule, we can help you and your pet get the best possible outcome. Contact us at 414-383-6700 to schedule your free consultation with a Wisconsin divorce lawyer now.

Attorney Carlos Gamino

By |2021-11-23T11:43:13-06:00October 20th, 2021|Family Law|Comments Off on Who Gets the Pets in a Wisconsin Divorce Case?

Online Solicitation of a Minor in Wisconsin

By Carlos Gamino. Click here for audio version.

Online solicitation of a minor is a very serious crime in Wisconsin, and it’s one that could put you in prison for years. But what counts as solicitation of a minor, and what should you do if you’ve been accused of this crime? This guide explains.

Sex Crimes: Online Solicitation of a Minor in Wisconsin

Solicitation of a minor means making sexually related contact (not physical) with someone under the age of majority. The contact may include obvious things such as asking a minor to have sex with you, or it can be less-obvious, such as sending obscene photos or videos to a minor. If you have an intent to draw a minor into a sexual situation, you can be charged with and convicted of solicitation of a minor – and if your conduct takes place on the internet or through digital mediums, it’s considered online solicitation of a minor.

Related: How to deal with false allegations of sex crimes

What Happens if You’re Convicted of Online Solicitation of a Minor?

If you’re convicted of online solicitation of a minor, which can include various other types of crimes (such as enticement, solicitation of a child for prostitution and possession of child pornography), it’s important that you know these are felony offenses. With a conviction, you can expect to spend several years in jail. Further, you’ll have to register as a sex offender when you’re released from prison.

Sex offenses stay on your criminal record forever. You cannot erase them, which means that future employers and landlords, as well as anyone else who conducts a background check, will be able to see that you have been convicted of a sex crime.

What to Do if You’re Accused of Online Solicitation of a Minor

For most people accused of online solicitation of a minor, the best course of action is to get in contact with a Wisconsin sex crime defense attorney right away. Call us at 414-383-6700 to schedule a free consultation where we can answer your questions and begin developing a strategy that gets you the best possible outcome.

Attorney Carlos Gamino

By |2021-11-23T11:45:05-06:00October 18th, 2021|Criminal Law|Comments Off on Online Solicitation of a Minor in Wisconsin