Phones answered 24/7 414-383-6700

tediagamino

Home/Carlos Gamino

About Carlos Gamino

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

What Can a Drug Charge Lawyer Do for You?

By Carlos Gamino

Drug charges are serious – and they can result in prison time if you’re convicted. For that reason, many people choose not to go to court without hiring a Wisconsin drug charge lawyer, whether they’re accused of a state or federal crime.

What Will a Drug Charge Lawyer Do for You?

Working with an attorney means that you have someone in your corner who understands Wisconsin drug laws and how they’ll affect your case. You’ll have someone protecting your rights and helping prevent you from jeopardizing your own case, and you’ll have someone who’s willing to go to bat for you and get you the best possible outcome.

Your lawyer will be able to help you with criminal drug possession charges and drug trafficking charges by using their resources, skills and experience.

There are several types of defenses a drug charge lawyer may use to defend a client. After your attorney understands the whole case, including your side of the story as well as the prosecutor’s side of it, they’ll be able to create a defense strategy that gets you the best possible outcome. Your attorney may argue that:

  • The drugs weren’t yours
  • The police illegally obtained evidence
  • The lab testing is inconclusive and therefore invalid
  • The evidence has been tampered with
  • You were entrapped

Every case is different, so your attorney will consider all of the possible options that may apply to your situation before settling on a defense strategy.

Related: What is legally considered entrapment?

Do You Need to Talk to a Drug Charge Lawyer?

If you’ve been accused of any type of drug crime, we may be able to help you. Call us at 414-383-6700 to schedule your free consultation; we’ll be happy to answer your questions and give you the guidance you need right now.

Attorney Carlos Gamino

By |2021-11-23T12:31:41-06:00January 21st, 2022|Criminal Law|0 Comments

Juvenile Delinquency Cases in Wisconsin

By Carlos Gamino

Generally speaking, charges for criminal offenses that the state of Wisconsin brings against kids who are under the age of 17 start in children’s court through delinquency petitions. These cases go through the juvenile court in an effort to rehabilitate kids rather than putting them in “the system.” However, adult courts have jurisdiction over some crimes committed by juveniles. Here’s what you need to know.

What Cases Do Juvenile Courts in Wisconsin Have Jurisdiction Over?

The vast majority of criminal cases against kids go through criminal courts. For example, if a 13-year-old picks up a drug charge, a 14-year-old picks up an assault charge, or a 15-year-old is charged with disorderly conduct, those cases will most likely end up in juvenile court.

Related: All about juvenile law in Wisconsin

However, there are some cases that go to adult criminal courts, including:

  • any juvenile alleged to have committed an act of first-degree intentional homicide
  • anyone 10 or older who is alleged to have committed an act of first-degree reckless homicide or second-degree intentional homicide
  • assault or battery by a prisoner after a juvenile has already been found delinquent and placed in juvenile corrections, detention or secure residential care
  • any criminal offense committed by a juvenile who has been convicted of, or has a matter pending for, any offense after having been waived into adult court or for which original jurisdiction is in adult court

Sometimes prosecutors want to send cases to adult court, too – even if they don’t fall into one of those categories. Prosecutors can ask for a waiver in a juvenile delinquency proceeding if the child is 14 or older and faces charges of:

  • Almost any felony that is associated with gang involvement
  • Burglary
  • Felony murder
  • First-degree sexual assault
  • Kidnapping
  • Manufacturing, distributing or delivering a controlled substance
  • Robbery
  • Second-degree reckless homicide
  • Taking a hostage

If a child is 15 or older, a prosecutor can ask to send any case to adult court. It’s up to the judge in the case to determine whether the case should remain in juvenile court or should be handled in adult court (with adult consequences, of course).

Related: Are parents financially responsible for their child’s crimes?

Do You Need to Talk to an Attorney About a Juvenile Delinquency Case?

If you need to speak to a lawyer about a juvenile delinquency case, we’re here to help. Call us at 414-383-6700 now to schedule your free consultation. Our team will be happy to answer your questions and develop a legal strategy that helps your child get the best possible outcome.

Attorney Carlos Gamino

By |2021-11-23T12:36:18-06:00January 18th, 2022|Criminal Law, Juvenile Law|0 Comments

What is an Investor Green Card?

By Carlos Gamino

If you’re an investor who has significant capital to put into a U.S.-based company, you could be eligible for a United States green card – and that conveys lawful permanent residency here. That means you can live and work anywhere you’d like, and that you can eventually apply for naturalized citizenship. This guide explains.

What is an Investor Green Card?

In U.S. immigration, a green card is a person’s proof that they’re a lawful permanent resident of the United States. With a green card, you’re legally allowed to live or work anywhere you’d like. A green card is the precursor to naturalized citizenship, too; after you’ve had your green card for a period of five years, you can apply for U.S. citizenship.

What is the EB-5 Investor Program?

The U.S. government created the EB-5 investor program to attract foreign nationals and encourage them to invest in U.S. businesses.

What Are the Requirements for the EB-5 Investor Program?

The standard minimum investment to qualify for the EB-5 investor program is $1 million, though if you plan to invest in a company in a Targeted Employment Area, or TEA, you only need to invest $500,000. The company you invest in must be a new commercial enterprise that was established after November 29, 1990, or that was purchased before that and then restructured or expanded to increase net worth or number of employees by at least 40 percent.

Related: Green card FAQ

You must also commit to creating full-time positions for at least ten qualifying employees (unless the business is “troubled,” in which case you may be allowed to rely on maintaining the current jobs the company has created).

Generally, the best way to find out whether you qualify for participation in the EB-5 investor program is to speak with a Milwaukee immigration attorney for guidance.

Related: All about green card denials

Do You Need to Talk to an Attorney About an Investor Green Card?

If you’re considering immigrating to the United States while investing significant capital in a U.S.-based business, we may be able to help you. Call us now at 414-383-6700 to discuss your options.

Attorney Carlos Gamino

By |2021-11-23T12:16:47-06:00January 15th, 2022|Immigration Law|0 Comments

Grand Larceny: What You Need to Know

By Carlos Gamino

If you’ve watched any of the dozens of crime dramas on television, you’ve probably heard the term grand larceny – but what is grand larceny, and how is it classified in Wisconsin? This guide explains.

Grand Larceny: What You Need to Know

Wisconsin law has several classifications of theft – none of which are formally called “grand larceny.” However, theft that totals $2,500 or more is essentially the same thing; most states consider theft of that magnitude to be grand larceny.

Related: What is petty theft?

In the state of Wisconsin, theft can be charged as a felony if the property’s value is $2,500 or more. That’s true whether the property is cash or something else. Felony theft is a serious offense, and it’s one that comes with very harsh penalties. The stolen property’s value determines what classification of felony the state can charge you with. For example, if the property’s value is:

  • $2,501 to $5,000, it’s a Class I felony. A Class I felony is punishable by up to 1 year and 6 months in prison, 2 years of extended supervision and a fine of up to $10,000.
  • $5,001 to $10,000, it’s a Class H felony. A Class H felony is punishable by up to 3 years in prison, 3 years of extended supervision and a fine of up to $10,000.
  • $10,000 or more, it’s a Class G felony. A Class G felony is punishable by up to 5 years in prison, 5 years of extended supervision, and a fine of up to $25,000.

With any of these charges, you can also expect to repay the cost of the stolen property. For example, if you steal $3,000 in cash, the judge in your case may choose to fine you up to $10,000 plus order you to repay the original $3,000.

Related: What to know about receiving stolen property in Wisconsin

What Should You Do if You’re Accused of Felony Theft?

For many people, the best thing to do after being accused of felony theft in Wisconsin is to contact a theft defense attorney. Call our office right away at 414-383-6700 to tell us what happened. We’ll answer your questions and begin developing a defense that gets you the best possible outcome in your felony theft case.

Attorney Carlos Gamino

By |2021-11-23T12:26:35-06:00January 12th, 2022|Criminal Law|0 Comments

How to Get a Restraining Order in Wisconsin

By Carlos Gamino

Getting a restraining order may seem like a drastic step – but in many cases, it’s absolutely necessary. A restraining order can make the person who harmed or threaten you stop their dangerous behavior; it can require that person to stay away from you and to refrain from contacting you so that you don’t have to live in fear. But how do you get a restraining order in Wisconsin? This guide explains.

How to Get a Restraining Order in Wisconsin

Some people choose to work with an attorney to get a restraining order in Wisconsin. That way, the attorney handles all the legal paperwork associated with the process – and it’s one fewer thing to worry about if you’re already carrying the weight of the world on your shoulders.

Related: What if you violate a restraining order in Wisconsin?

You must qualify for a restraining order if an adult has intentionally caused you physical pain, injury or illness; impaired your physical condition; sexually abused you; threatened to physically or sexually harm you; or harassed you. You may also file for a restraining order on behalf of an individual at risk (an adult with a condition that impairs their ability to care for themselves or a person 60 or over who is being abused or neglected), as well as on behalf of a child in some cases (to protect the child from physical, mental or sexual abuse).

Related: Women accused of domestic violence

Kinds of Wisconsin Restraining Orders

There are four main types of restraining orders in Wisconsin:

  1. Domestic abuse restraining orders
  2. Harassment restraining orders
  3. Restraining orders on behalf of individuals at risk
  4. Restraining orders on behalf of abused children

If you’re not sure which type applies to your situation, you should speak to an attorney about your case. Your lawyer can give you the advice and guidance you need.

Do You Need to Talk to a Lawyer About How to Get a Restraining Order in Wisconsin?

We may be able to help you protect yourself or someone else through a restraining order. Call our office now at 414-383-6700 for a free consultation; we’ll answer your questions and advise you.

Attorney Carlos Gamino

By |2021-11-23T12:23:41-06:00January 7th, 2022|Family Law|Comments Off on How to Get a Restraining Order in Wisconsin

Damage to Property in Wisconsin

By Carlos Gamino

If you’re accused of criminal damage to property in Wisconsin, you may need a lawyer in your corner who’s willing to fight for you. That’s because the penalties for damage to property can be very severe. Here’s what you need to know.

Damage to Property in Wisconsin: The Basics

Damage to property is sometimes a Class A misdemeanor. That means that you could spend up to 9 months in jail and pay a fine of up to $10,000. Generally, misdemeanor damage to property is reserved for relatively minor crimes like graffiti. However, sometimes it’s far more serious than that – and it can even result in prison time.

Related: Is destroying your own property a crime?

In some circumstances, criminal damage to property is a Class I felony. If a court convicts you of property damage as a Class I felony, you’re facing up to 1 year and 6 months in prison, 2 years of extended supervision and a fine of up to $10,000. Some situations in which criminal damage to property is a Class I felony include when the property is:

  • A vehicle or highway, and the damage is likely to injure someone or cause further property damage
  • Possessed by a public utility or common carrier, and the damage is likely to impair its services
  • Damaged because it belongs to a person who is or was a grand or petit juror, and you caused the damage because of a verdict or indictment that person issued
  • On state-owned land and is part of the registry of prominent features
  • Reduced in value by more than $2,500
  • A rock art site listed on the National Register of Historic Places
  • Plant material used for research purposes
  • A machine that’s operated by inserting coins, paper money or debit and credit cards

Related: What is a property crime?

Some cases are even more severe, such as damage to property that’s owned, leased or operated by an energy provider if you intended to cause substantial interruption or impairment of services. In that case, it’s a Class H felony, and that carries a penalty of up to 3 years in prison, 3 years of extended supervision and up to $10,000 in fines.

Do You Need to Talk to a Lawyer About Damage to Property Charges?

If you’ve been accused of criminal damage to property, we may be able to help you. Call us at 414-383-6700 to schedule your free case evaluation now. Our team will be happy to answer your questions and give you the case-specific legal advice you need.

Attorney Carlos Gamino

By |2021-11-23T12:40:20-06:00January 4th, 2022|Criminal Law|Comments Off on Damage to Property in Wisconsin

Types of Mortgage Fraud

By Carlos Gamino

Property crimes are some of the most common crimes in the state of Wisconsin. These crimes are committed against property – not directly against people, though people can also be victimized by them – and they carry heavy penalties just like many other crimes on Wisconsin’s law books do. Mortgage fraud is one such type of property crime, and if you’re convicted of a type of mortgage fraud, you could end up spending time in prison. Here’s what you need to know.

Common Types of Mortgage Fraud

The most common types of mortgage fraud include:

  • Identity theft
  • Income and asset falsification
  • Appraisal frauds
  • Air loans

Here’s a closer look at each.

Identity Theft as Mortgage Fraud

When a person obtains a mortgage using another person’s information (such as Social Security numbers, addresses and other personal details), it’s a form of mortgage fraud.

Income and Asset Falsification as Mortgage Fraud

Falsely reporting income and assets to obtain a mortgage is a crime. In fact, falsely reporting anything in order to sway a mortgage lender’s decision on your loan is a crime.

Related: Working with a Milwaukee fraud lawyer

Appraisal Fraud

It generally takes a group of people working together to commit appraisal fraud, such as a real estate agent, appraiser and loan officer working together to maximize a purchase price. Because these people work on commission, maximizing a purchase price puts more money in their pockets. Conversely, appraisers sometimes undervalue properties to ensure that investors can purchase them.

Air Loans

Air loans are loans obtained on nonexistent properties, or loans obtained for a nonexistent borrower. Often, these types of crimes are perpetrated by a group of professionals who work together to get cash from a bank – no property is ever bought or sold.

Related: What is prescription fraud?

Penalties for Mortgage Fraud

Mortgage fraud can be a federal crime – and it can result in a 30-year prison sentence. State mortgage fraud crimes vary in penalties, so it’s best to speak with an attorney if you’re accused of this type of crime.

Do You Need to Speak to an Attorney About One of These Types of Mortgage Fraud?

If you’re in trouble for any type of mortgage fraud, you may benefit from speaking to an attorney about your situation. Call us at 414-383-6700 now to schedule your free consultation with an experienced professional. Our team can answer all your questions and give you the legal advice you need to start moving forward.

Attorney Carlos Gamino

By |2021-11-23T12:47:25-06:00January 2nd, 2022|Criminal Law|Comments Off on Types of Mortgage Fraud

Crimes Against Property in Wisconsin

By Carlos Gamino

Crimes against property are offenses that aren’t committed directly against people. There are several types of property crimes, including damage to property, graffiti and arson. This guide explains.

What to Know About Crimes Against Property in Wisconsin

Crimes against property can include a number of offenses, including:

  • Arson
  • Criminal damage to or graffiti on religious or other property
  • Criminal damage to railroads
  • Damage of property by explosives
  • Damage to property
  • Demolition of a historic building without authorization
  • Entry into a locked vehicle
  • Graffiti
  • Molotov cocktails
  • Theft
  • Trespassing

This isn’t a complete list, though – there are many other crimes that qualify as crimes against property in Wisconsin. If you’re charged with one of these types of crimes, you may want to talk to a property crime attorney to find out what the penalties are and how you can get the best possible outcome.

What Are the Penalties for Crimes Against Property?

The penalties for crimes against property usually depend on the circumstances of the case and the value of the property. For example, you can expect to face heavier penalties if you’re convicted of destroying a multimillion-dollar building than you would if you spray-painted profanities on your neighbor’s trash can. The nature of the crime determines the penalties if you’re convicted, which means you should talk to an attorney about the possible penalties involved in your case.

Do You Need to Talk to a Lawyer About Crimes Against Property?

You may benefit from having a property crime defense lawyer in your corner. Call us at 414-383-6700 now to schedule your free, no-obligation consultation. We’ll be here to answer your questions and give you the legal advice you need.

Attorney Carlos Gamino

By |2021-11-23T12:38:32-06:00December 27th, 2021|Criminal Law|Comments Off on Crimes Against Property in Wisconsin

Trespassing on Private Property When Hunting in Wisconsin

By Carlos Gamino

What happens if you’re caught trespassing on private property when you’re hunting in Wisconsin? Although it happens often, it’s still a crime – and it’s one that could get you thrown in jail. Here’s what you need to know about trespassing on someone’s private property.

Trespassing on Private Property When Hunting in Wisconsin

First things first: Your best bet is to get permission from any property owner whose land you may be on when you go hunting. You aren’t allowed to enter any land that belongs to another person without consent from the owner – even if it’s a big stretch of forest or an empty field.

You could be charged with trespassing if you find yourself on someone else’s land (or if someone else finds you on their land) when you’re hunting. That’s true even if you’re simply retrieving game, which you’re required to do as a hunter. You’ll need to get permission from the land owner unless the land is considered open in the Managed Forest Law program or if it’s considered inholdings (that means it’s private land surrounded by public land). In those cases, you can retrieve game without obtaining prior permission – but you still can’t hunt on the land specifically without permission.

Related: What is trespassing in Wisconsin?

Other Than Hunting, What’s Considered Trespassing on Private Property?

If you enter someone else’s land without permission and cause a breach of the peace, you can be found guilty of trespassing on private property. A breach of the peace could mean nearly anything, including:

  • Abusive language
  • Acts likely to produce violence
  • Acts of violence
  • Acts that cause someone to fear for their safety
  • Anything that causes or could cause a public disturbance
  • Noise
  • Swearing

Related: Disorderly conduct defense in Wisconsin

What to Do if You’re Charged With Trespassing on Private Property

If you’re accused of trespassing on private property, you may want to speak to an attorney who can help you. Call our office at 414-383-6700 now to schedule your free consultation with an experienced professional. We’ll answer your questions and give you case-specific legal advice that helps you get the best possible outcome in your case.

Attorney Carlos Gamino

By |2021-11-23T12:42:38-06:00December 21st, 2021|Criminal Law|Comments Off on Trespassing on Private Property When Hunting in Wisconsin

Is Speeding a Criminal Offense in Wisconsin?

By Carlos Gamino

Everyone knows that speeding is against Wisconsin law, but is it the kind of crime that can put you behind bars? This guide explains the differences between traffic infractions and criminal offenses so you know what you’re up against on the roads.

Is Speeding a Criminal Offense in Wisconsin?

Speeding is a crime – nobody will argue that. You can be convicted of speeding, just like you could any criminal offense. However, it’s a different kind of crime. It’s considered a forfeiture offense, which means that it’s punishable by a fine rather than jail or prison time. In contrast, criminal offenses are punishable by jail or prison time. Though judges can impose fines on people who are convicted of criminal offenses – and sometimes do, in lieu of jail or prison – the fact is that criminal offenses give judges the option of putting you behind bars.

When you’re convicted of a traffic offense like speeding (or failing to stop at a stop sign, turning without a signal, or operating your vehicle without a working tail light), you get “points” on your driving record. The more points you have, the closer you are to losing your driving privileges. The point system is designed to punish drivers for doing the wrong thing by taking away their driver’s licenses when they continue to commit traffic infractions.

Related: Criminal traffic offenses in Wisconsin

What Are the Speeding Categories in Wisconsin?

Speeding earns you points on your driving record. Generally, points can stay on your record for 5 years from the date you’re convicted of a driving offense. Here’s the basic breakdown:

  • Speeding between 1 and 10 miles per hour over the limit gets you 3 points.
  • Speeding between 11 and 19 miles per hour over the limit gets you 4 points.
  • Speeding over 20 miles per hour over the limit gets you 6 points.
  • Speeding 25 miles per hour or more over the limit in a 55-mile-per-hour zone or more earns you 6 points and a 15-day driver’s license suspension

The Wisconsin Department of Transportation will suspend your license if you receive 12 points in a 12-month period.

However, you can fight traffic tickets – and it’s possible to win. If you fight and win, you won’t pay fines for the ticket or accrue points on your driving record.

Related: Criminal driving and traffic violations

Do You Need to Talk to an Attorney About Speeding Violations?

If you’ve received a speeding ticket, whether or not you’re in immediate danger of losing your driver’s license, we may be able to help you. Call us at 414-383-6700 now to schedule your free consultation with an experienced professional who can give you the advice you need.

Attorney Carlos Gamino

By |2021-11-23T12:34:14-06:00December 17th, 2021|Criminal Law, Traffic Offenses|Comments Off on Is Speeding a Criminal Offense in Wisconsin?