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About Carlos Gamino

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

Medical Power of Attorney in Wisconsin

Medical Power of Attorney in Wisconsin - Carlos Gamino

By Carlos Gamino

A medical or health care power of attorney names a person you trust to act as your agent if you can’t speak for yourself – and for most people, it’s a good idea to have one in place. But what kinds of authority does a person with a health care power of attorney have in Wisconsin? Here’s what you need to know.

Medical Power of Attorney in Wisconsin

A medical power of attorney allows you to name someone you trust to be responsible for your medical decisions if you can’t make them yourself. That person can speak for you on healthcare matters, such as whether you want to be kept on life support or you’d prefer some life-sustaining options to stay off the table.

What to Think About if You’re Considering Health Care Power of Attorney

First things first: Many people choose to have a family law attorney draft a medical power of attorney and health care advance directive for them. Because this type of power of attorney or advance directive must meet certain criteria, it’s typically easier to tell an attorney what you want included and let him or her handle the rest.

Some things you may want to consider include:

  • What life-sustaining options you want used if they become necessary, such as mechanical ventilation and CPR
  • What types of pain relief options you want if you’re nearing the end of your life
  • When you would prefer artificial life support to be removed, such as in the event of brain death
  • Whether you want to donate your organs
  • How you want your remains handled in the event of your death

Can a Lawyer Draft a Medical Power of Attorney or Advance Directives?

A lawyer can help you draft a medical heath care power of attorney and advance directives. He or she will ask you all the important questions and answer your questions, as well. That way, you can be confident that you’re being clear about your wishes – and you’re taking legal steps to ensure they’re followed.

If you need help with a medical power of attorney in Wisconsin, call our office at 414-383-6700 or contact us onine. We’ll schedule a time to meet so you can prepare yourself – and your loved ones.

Carlos Gamino

By |2020-02-16T13:04:33-06:00February 6th, 2020|Family Law|Comments Off on Medical Power of Attorney in Wisconsin

About Wisconsin Burglary Sentences

Wisconsin Burglary Sentence - Carlos Gamino

By Carlos Gamino

Burglary is a serious crime, so whether you’re arrested in Milwaukee, Waukesha or any other city, you may want to talk to an attorney about Wisconsin burglary sentences. It’s a Class F felony, which means it’s punishable by up to 12 years and 6 months imprisonment – and a judge can also sentence you to pay fines of up to $25,000. Sometimes it’s a Class E felony, too; in cases like those, you could be imprisoned for up to 15 years and fined up to $50,000.

Here’s what you need to know.

Wisconsin Burglary Sentences

It’s a crime to enter someone else’s property without his or her permission. At the very least, it’s considered trespassing (a misdemeanor) – but it could be burglary, which is a Class F felony. The court can find you guilty of burglary if you enter someone else’s property with the intention of committing a crime (other than simply entering the property).

Related: The three most common criminal charges in Wisconsin

About Burglary

You commit the crime of burglary when you enter someone else’s property without permission – and when you intend to commit theft or any felony inside. The property can be:

  • Any building
  • An enclosed railroad car or ship
  • A locked and enclosed cargo hold of a truck or trailer
  • A motor home or trailer

Proving Intent in Burglary

The possible sentences for burglary in Wisconsin are serious enough to include prison time, but in order for a judge to convict you, the prosecutor has to show that you had the intent to commit theft or a felony inside the property you entered (otherwise it’s really just trespassing). If you admitted that you were in the property to steal money or other valuables, it’s easier to prove intent – but sometimes prosecutors can show there was intent even without a confession. For example, if you gained entry into someone’s home by saying you were a repairman, attempted to steal jewelry and left it all in disarray before you left the house, you could be convicted of burglary (even if you didn’t actually take any jewelry).

Related: Breaking and entering in Wisconsin

What Makes a Burglary a Class E Felony?

Burglary becomes a Class E felony when:

  • You were armed or became armed during the burglary
  • You opened or tried to open a safe or vault with explosives
  • You committed battery against someone inside the property
  • The crime occurred at a place where someone lives, like a house, a motor home or trailer, or a boat that has sleeping quarters, and someone was present at the time

Can You Avoid Going to Prison for Burglary in Wisconsin?

No two cases are exactly alike – in fact, when it comes to burglary, legal cases can be vastly different. Many people choose to work with an experienced criminal defense attorney.

If you’ve been accused of a crime in Milwaukee, Waukesha or any other jurisdiction in Wisconsin, we may be able to help you get the best possible outcome. Call us at 414-383-6700 today for your free consultation.

Carlos Gamino

By |2020-02-16T13:13:15-06:00January 28th, 2020|Criminal Law|Comments Off on About Wisconsin Burglary Sentences

3 Things You MUST Do if You’re Facing Burglary Charges

3 Things You MUST Do if You’re Facing Burglary Charges - Carlos Gamino

By Carlos Gamino

Burglary is a Class F felony – and because it’s a felony, the consequences can be extreme. If you’re convicted, you could go to prison for up to 7 years and 6 months (with an additional 5 years of extended supervision). For most people, it makes sense to talk to an attorney – but these are three things you absolutely must do if you’re facing burglary charges.

3 Things You Must Do if the State Hits You With Burglary Charges

Whether you’re arrested in Milwaukee, Waukesha or elsewhere in Wisconsin, these are the three things you need to do when you find out you’re being charged with burglary:

  1. Do not talk to anyone about your case.
  2. Find an attorney or talk to your public defender.
  3. Stay out of trouble.

Here’s a closer look at each.

Related: When is burglary a felony?

#1. Do not talk to anyone (other than a lawyer) about your case.

If you pick up burglary charges, the last thing you want is to incriminate yourself further – so don’t talk to anyone about your case. That’s true even if you’re in jail and you call a friend or family member to let them know where you are; police can (and do) listen in on your phone conversations unless you’re talking to an attorney.

#2. Find an attorney or talk to your public defender.

You have the right to legal counsel, so use it. For most people, it’s best to work with a Wisconsin criminal defense attorney who has time to handle a serious felony case. While there’s nothing wrong with using a public defender, they’re often overworked and have large caseloads. A public defender may not even have time to review your case until you’re just about to walk into the courtroom.

#3. Stay out of trouble.

If you’re released from jail, do not get into any more trouble – it can harm your case. Stay away from the people who were with you when you were arrested, and be extremely careful to avoid any encounters with the police.

Related: How long do you go to jail for burglary?

Do You Need Legal Advice on Burglary Charges?

We may be able to help you if you’ve been accused of burglary in Wisconsin. Call us at 414-383-6700 now to schedule a consultation – we’ll ask you some questions about your situation and answer your questions, as well.

Carlos Gamino

By |2020-02-16T13:13:49-06:00January 28th, 2020|Criminal Law|Comments Off on 3 Things You MUST Do if You’re Facing Burglary Charges

Family Immigration in Wisconsin

Family Immigration in Wisconsin - Carlos Gamino

By Carlos Gamino

U.S. citizens and some lawful permanent residents are eligible to bring certain family members into the United States using family immigration processes. Not all relatives are eligible – but if yours are, a Wisconsin immigration attorney may be able to help.

Family Immigration: Immediate Relative Immigrant Visas for Family Members of U.S. Citizens

The immediate relatives of U.S. citizens are often eligible to come to the U.S. on an immigrant visa. Unlike other types of visas, these visas are unlimited in number – there are no caps or waiting periods associated with them. The family members eligible for this type of immigration benefit include:

  • Spouses
  • Unmarried children (and their minor children)
  • Parents
  • Orphans adopted abroad
  • Orphans to be adopted in the U.S.
  • Fiancés

U.S. citizens can petition on behalf of siblings, siblings’ spouses and siblings’ minor children, but there are limits on the numbers of visas available to these immigrants.

Immediate Relative Immigrant Visas for Family Members of Lawful Permanent Residents

Immigrant visas for family members of lawful permanent residents who hold green cards are limited in number, but they’re available to:

  • Spouses
  • Minor children
  • Unmarried children over the age of 21

Requirements for Family Immigration Petitions

Before you can file a petition on behalf of a relative, you must determine which category that person belongs in – and your attorney can help you. When you know the appropriate category, your attorney can file either an I-130, Petition for Alien Relative, or an I-129f, Petition for Alien Fiancé. You’ll have to pay the appropriate fees and wait until your petition is reviewed. You’ll also have to file supporting documentation, such as:

  • An affidavit of support, which says that you’ll financially support your relative if necessary
  • Photographs and birth certificates, marriage and divorce certificates, and other important documents
  • Court and prison records
  • Police certificates
  • Adoption documents
  • Other documentation that U.S. Citizenship and Immigration Services or the State Department deems necessary

Your relative will also have to pass background checks and meet admissibility criteria to get approval to come to the U.S.

Do You Need Legal Advice on Family Immigration?

Because U.S. immigration law can be complicated – and because it can be a long, drawn-out process, many people turn to a Wisconsin immigration attorney for help. If you’re considering petitioning the U.S. government for a relative, we may be able to assist you. Call us at 414-383-6700 today to learn more.

Carlos Gamino

By |2020-02-16T13:14:34-06:00January 27th, 2020|Immigration Law|Comments Off on Family Immigration in Wisconsin

Operating a Motor Vehicle Without the Owner's Consent in Wisconsin

Operating a Motor Vehicle Without the Owner’s Consent in Wisconsin - Carlos Gamino

By Carlos Gamino

Operating a motor vehicle without the owner’s consent in Wisconsin is a type of motor vehicle theft, and if you’re convicted, you could end up spending time in prison. In some cases, operating without the owner’s consent is considered carjacking, an even more serious crime.

Operating a Motor Vehicle Without the Owner’s Consent in Wisconsin

Wisconsin law is very clear when it comes to car theft offenses. It says, “Whoever intentionally takes and drives, or operates any vehicle without the consent of the owner; and whoever knows that the owner does not consent to the driving or operation of a vehicle and intentionally accompanies, as a passenger in the vehicle, a person who takes, drives or operates any motor vehicle without the consent of theowner.”

The court can find you guilty if the prosecutor in your case can prove that you:

  • Intentionally took a vehicle without the owner’s permission
  • Drove or operated that vehicle without the owner’s consent
  • Knew that the owner didn’t give you his or her permission to take and drive the vehicle

Carjacking is another matter – it occurs when you take a vehicle without the owner’s permission and you had a dangerous weapon (or you used or threatened to use force or a dangerous weapon).

Classes of Felonies Involved in Operating a Motor Vehicle Without the Owner’s Consent in Wisconsin

Operating a motor vehicle without the owner’s consent can be classified in one of three ways:

  • If you took and drove the vehicle without the owner’s consent, you’re looking at a Class H felony. You could go to prison for 3 years and spend up to 3 years on extended supervision, and the court could fine you up to $10,000.
  • If you drove or operated a vehicle without the owner’s consent, it’s a Class I felony. You could go to prison for 18 months and spend 2 years on extended supervision. You may also have to pay fines up to $10,000.
  • If you carjacked someone, you could be convicted of a Class C felony. You could face up to 25 years in prison with an additional 15 years of extended supervision, plus fines of up to $100,000.

Related: Possible sentences for felonies and misdemeanors in Wisconsin

Do You Need Legal Advice After Being Accused of Operating a Motor Vehicle Without the Owner’s Consent in Wisconsin?

You’re entitled to legal counsel when you’re accused of a crime, and we may be able to help you. Call us at 414-383-6700 to get the help you need.

Carlos Gamino

By |2020-02-16T13:15:18-06:00January 26th, 2020|Criminal Law|Comments Off on Operating a Motor Vehicle Without the Owner's Consent in Wisconsin

What is Protective Placement in Wisconsin?

Protective Placement in Wisconsin - Carlos Gamino

By Carlos Gamino

Protective placement is a way to appoint someone to make decisions on another person’s behalf – but it doesn’t apply to just anyone. It’s designed to help adults who are legally incompetent, which means they’re unable to make sound decisions on their own. Typically, these legally incompetent adults suffer from conditions that make decision-making impossible, such as developmental disabilities, memory loss, substance abuse issues, or chronic and serious mental illness.

What is Protective Placement in Wisconsin?

Protective placement, as outlined in Wisconsin law, is designed to keep people safe. Anyone can file a petition for the appointment of a guardian, but in order to do so, the petition must be based on the fact that the person alleged to need a guardian is at risk of harm to him- or herself or to others. A protective placement order can only come from a judge, and it authorizes the ward’s placement in a facility with the primary purpose of caring for the ward.

The person subject to protective placement doesn’t always have to agree to it. In some cases, courts will order involuntary protective placement – but this is certainly something you should discuss with your attorney.

Emergency Protective Placements in Wisconsin

Emergency protective placements are available in situations where the person is an immediate risk – either to him- or herself or to others. A person who requires an emergency protective placement might be taken into custody and transported to a medical facility, nursing home, hospital or center for the developmentally disabled, or another type of facility. Only sheriffs and police officers, firefighters, guardians or authorized county representatives can make emergency protective placements.

Restrictions and Protective Placement

Wisconsin law requires protective placements to be the least restrictive setting necessary to meet the individual’s needs.   

Do You Need Legal Advice on Protective Placement in Wisconsin?

In sensitive matters such as protective placement, it’s often best to discuss your needs with an attorney – and we may be able to help you. Call us at 414-383-6700 today to get answers to your questions; if we work together, we can help you and your loved one get the best possible outcome.

Carlos Gamino

By |2020-02-16T13:17:09-06:00January 25th, 2020|Elder Law, Guadianship Law|Comments Off on What is Protective Placement in Wisconsin?

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|Comments Off on What is Permanent Guardianship in Wisconsin?

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 |2020-02-16T13:17:56-06:00January 22nd, 2020|Criminal Law|Comments Off on What is Trespassing?

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 |2020-02-16T13:18:49-06:00January 21st, 2020|Immigration Law|Comments Off on What Relatives Can a U.S. Citizen Sponsor

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 |2020-02-16T13:19:34-06:00January 20th, 2020|Criminal Law|Comments Off on Criminal Damage to Property