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About Carlos Gamino

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

What Crimes Are Considered Violent Felonies in Wisconsin?

By Carlos Gamino

In the state of Wisconsin, some felonies are considered violent in nature. But what are those crimes, and what should you do if you are accused of one? Find out now.

What Crimes Are Considered Violent Felonies in Wisconsin?

Under Wisconsin law, a violent felony is any crime that involves the use or threat of violence against another person. This includes crimes such as murder, rape, robbery and assault. If you are convicted of a violent felony, you can expect to receive a harsher sentence than you would for a non-violent felony.

What Are the Penalties for Violent Felonies in Wisconsin?

The penalties for violent felonies in Wisconsin are very severe. If you are convicted of a violent felony, you can expect to spend many years in prison. In some cases, you may even be sentenced to life in prison.

Related: Serious felonies in Wisconsin

What Should You Do if You’re Accused of a Violent Felony in Wisconsin?

If you are accused of a violent felony in Wisconsin, it is important to contact an experienced criminal defense attorney immediately. An experienced attorney will be able to help you navigate the legal system and protect your rights.

The sooner you contact a Wisconsin criminal defense attorney, the better your chances of getting the best possible outcome in your case.

Related: What happens if you commit a felon in Wisconsin?

Should You Talk to Police to Clear Your Name if They Accuse You of a Violent Felony?

If you are accused of a violent felony, you should not talk to police until you have spoken to an experienced criminal defense attorney. Talking to police without an attorney present can only hurt your case.

Do You Need to Talk to an Attorney About Violent Felony Charges in Wisconsin?

If you’ve been accused of committing a violent felony in the state of Wisconsin, we may be able to help you. You should not talk to the police until you’ve spoken to an attorney. Call us right away at 414-383-6700 to schedule your free case review. We will be happy to answer your questions and help you get the best possible outcome in your case.

Attorney Carlos Gamino

By |2022-05-20T20:09:41-05:00June 28th, 2022|Criminal Law|0 Comments

Can You Go to Jail for Animal Cruelty in Wisconsin?

By Carlos Gamino

Animal cruelty in Wisconsin is a serious problem. Every year, thousands of animals are abused, neglected and abandoned. Animal cruelty can take many forms, from intentional acts of violence to simply neglecting an animal’s basic needs. Regardless of what the state has accused you of, you need to know that animal cruelty convictions can lead to jail or prison time, fines and other penalties.

Can You Go to Jail for Animal Cruelty in Wisconsin?

You can go to jail for animal cruelty in Wisconsin. Animal cruelty is, in many cases, a felony offense in the state, and anyone convicted of it can face up to 3 years in prison and a $10,000 fine. This is true whether you have been accused of willfully hurting an animal, neglecting an animal, or subjecting an animal to a hoarding situation.

Do You Have the Right to an Attorney if You’re Charged With Animal Cruelty?

You have the right to work with a Wisconsin criminal defense attorney if you’re charged with animal cruelty in Wisconsin. If you cannot afford an attorney, the court will appoint one for you.

What Happens to Animals When Animal Cruelty Charges Are Brought Against Their Owners?

When animal cruelty charges are brought against an owner, the animal may be removed from the home and placed in a safe environment, such as a shelter or rescue. The owner may also be required to pay for the animal’s care and treatment.

What if You’re Accused of Animal Cruelty, but You’re Innocent?

If you are accused of animal cruelty, but you know that you are innocent, there are a few things that you can do in order to help your attorney clear your name. It’s a good idea to gather any evidence that you have that can show you didn’t commit the crime, such as witness statements or video footage. Although the prosecutor is required to prove that you’re guilty, having proof that shows the prosecutor is wrong is very important to your case. Your Wisconsin criminal defense attorney can help you figure out how to refute the prosecutor’s accusations.

Do You Need to Talk to an Attorney About Animal Cruelty Charges in Wisconsin?

If you’ve been accused of animal cruelty in the state of Wisconsin, we may be able to help you get the best possible outcome in your case. Call us at 414-383-6700 now to schedule a free consultation; our team will be happy to answer your questions and get you started on the right path.

Attorney Carlos Gamino

By |2022-05-20T20:07:44-05:00June 28th, 2022|Criminal Law|0 Comments

How Long Will You Go to Prison for Dog Fighting in Wisconsin?

By Carlos Gamino

In the state of Wisconsin, animal fighting offenses are punishable by prison time. Animal fighting is defined as pitting two or more animals against each other for the purpose of entertainment, gambling, or sport. Animal fighting includes cockfighting, dogfighting, and bearbaiting.

How Long Will You Go to Prison for Dog Fighting in Wisconsin?

If you are convicted of dog fighting in Wisconsin, you’re facing up to 3 years and 6 months in prison, as well as a few years of extended supervision and a fine of up to $10,000.

What Should You Do if You’re Accused of Animal Cruelty Through Dog Fighting?

If you are accused of animal cruelty through dog fighting, it is important to contact an experienced criminal defense lawyer immediately. A conviction for animal cruelty can result in significant prison time and fines, as well as a permanent ban on owning animals. An experienced criminal defense lawyer will be able to review the facts of your case and help you build the best defense possible.

What Happens to Dogs Rescued From Dog Fighting Rings in Wisconsin?

The fate of dogs rescued from dog fighting rings in Wisconsin varies depending on the individual dog’s situation. Some dogs are able to be rehabilitated and placed in loving homes, while others may need to be euthanized due to the severity of their injuries or behavioral issues.

However, the bottom line is that if you are convicted of being involved in dog fighting, you’ll most likely lose the privilege of ever owning another animal.

Do You Need to Talk to an Attorney About Dog Fighting Allegations?

If you’ve been accused of being involved in a dog fighting ring or any other animal cruelty charge, we may be able to help you. Call our office at 414-383-6700 today to schedule a free consultation with an experienced professional who can give you the guidance you need. We’ll ask you several questions about the situation, including what led up to your arrest and charges, to begin putting together a defense that gets you the best possible outcome.

Attorney Carlos Gamino

By |2022-05-20T20:05:38-05:00June 23rd, 2022|Criminal Law|0 Comments

Can You Go to Jail for Selling Your Prescription Drugs in Wisconsin?

By Carlos Gamino

In the state of Wisconsin, it’s illegal to sell drugs that are prescribed to you – even if they’re not narcotics. But what will happen to you if you sell prescriptions to a friend, a family member or even a stranger? This guide explains.

What Happens if You Sell Your Prescription Drugs in Wisconsin?

If you sell your prescription drugs, you could be charged with a felony. The offense is punishable by up to 3 years in prison and a $10,000 fine. If you sell narcotics, you could be charged with a felony and face up to 25 years in prison and a $100,000 fine. In addition, if you’re caught selling drugs near a school or park, you’ll be charged with a felony and face up to 6 years in prison and a $10,000 fine.

If you’re caught selling prescription drugs, the police will confiscate them (what you have left, anyway). They may also search your home and seize any other illegal drugs they find. If you’re caught selling narcotics, the police will also confiscate the drugs and may arrest you on the spot.

Related: What happens if you’re busted for drug dealing in Wisconsin?

Possession of Drugs With Intent to Sell

Sometimes people get prescriptions with the intent to sell them (rather than to take the drugs themselves to treat a medical condition). If the state of Wisconsin can prove that you possessed drugs with the intent to sell them, you could be charged with a serious felony. The penalties for this crime are much more severe than those associated with simple possession of drugs.

The possible penalties depend on several factors, including:

  • The type of drug you possessed
  • The amount of the drug you possessed
  • Whether you have any prior convictions

Possession of drugs with intent to sell is a very serious offense in Wisconsin. If you are charged with this crime, you should contact a criminal defense attorney immediately. An experienced lawyer can help you understand the charges against you and work to get them reduced or dismissed.

Related: Common drug offenses in Wisconsin

Do You Need to Talk to an Attorney About Selling Prescription Drugs in Wisconsin?

If you’ve been accused of selling your own (or someone else’s) prescription drugs, you may need to speak to a Wisconsin drug crime defense attorney as soon as possible. Call our office at 414-383-6700 now to schedule a free consultation. We will ask you some questions and begin to develop a strategy to get you the best possible outcome in your case.

Attorney Carlos Gamino

By |2022-05-20T20:02:35-05:00June 21st, 2022|Criminal Law|0 Comments

Can Body Cam Footage Be Used Against You in Court?

By Carlos Gamino

If you’re like many people involved in the criminal justice system, the police who arrested you were wearing body cameras at the time of your arrest. Is that possible for the police to turn that footage over to the prosecutor in your case, and if so, can the prosecutor use body cam footage against you in court? Here’s what you need to know.

Can Body Cam Footage Be Used Against You in Court?

Body camera footage is used in court every day across Wisconsin. It’s an official record of the circumstances of a person’s arrest, and it is admissible in court. In fact, body-worn camera and dashboard camera footage are often admitted at trial to corroborate a police officer version of events. This footage often includes the circumstances leading up to an arrest, during an arrest and after an arrest.

State and federal courts have acknowledged that this type of footage can be useful in verifying a police officer’s version of events. Therefore, it is admissible in court and the prosecutor in your case can use it against you.

Related: What are cybercrimes?

Body Cam Footage Goes Both Ways

In some cases, body camera footage can be used to show that a police officer acted improperly during your arrest. In a situation like that, your criminal defense attorney will request to see the footage and may ask that it be entered as evidence in your case.

Related: What is a mistake of fact in a criminal case?

Do You Need to Talk to an Attorney About Body Cam Footage of You Being Used in Court?

Regardless of the type of crime you are accused of committing, you are entitled to legal representation. Whether or not the police have body cam or dashcam footage of your arrest, you should consult with an attorney who can help you get the best possible outcome in your case. Call our office at 414-383-6700 or contact us online to schedule your free consultation with a criminal defense attorney now.

Attorney Carlos Gamino

By |2022-03-30T21:19:03-05:00June 15th, 2022|Criminal Law|0 Comments

What Happens if You Leave a Grocery Store Without Paying?

By Carlos Gamino

There have been several recent news stories involving people leaving grocery stores without paying for their items. With food costs skyrocketing, many people are committing this type of theft on purpose – but what will happen to you if you leave a self-checkout station without paying for your items, whether you intended to or not? This guide explains.

Leaving a Grocery Store Without Paying

Quite a bit of shoplifting happens in self-scanning checkout lanes, and it’s not always by way I’m leaving without paying for any of the items in the cart. In fact, people sometimes use what’s known as the banana trick. The banana trick involves ringing up a weighed item by entering a grocery code for a cheaper item. For example, if the item you are purchasing costs $15.99 per pound, but you ring it in as something that costs $0.49 per pound, you are committing the crime of theft.

Just like with any other theft offense, if you get caught, you could end up spending time in prison. The penalties for theft in Wisconsin are very harsh, particularly in light of the fact that this type of theft happens all the time. The state of Wisconsin’s harsh penalties are meant to deter people from committing these types of crimes.

Related: What is a mistake of fact in a criminal act?

The Idea Behind Theft: Intent

What if you accidentally steal groceries? What if the payment machine is down, doesn’t properly charge you, you accidentally input the wrong code, or something else happened outside your control?

In state of Wisconsin, you can only be charged with theft if you intended to steal something. If you accidentally stole from a grocery store, you cannot be convicted of the crime of theft. Intent is the key. You must have stolen the item (or items) on purpose. That means you made the conscious decision to leave the grocery store without paying for something; you knew you weren’t paying and you left anyway.

In court, it is the prosecutor’s responsibility to prove that you intended to steal an item. You don’t have to prove that you didn’t intend to steal it; that’s not the way it works. In order to secure a guilty verdict, a prosecutor must show that you meant to steal an item from the store.

For most people, the best thing to do after being accused of stealing from a grocery store is to work with an experienced and knowledgeable Wisconsin criminal defense attorney. Your attorney can come up with a defense strategy that gets you the best possible outcome in your case.

Related: What are your 4th Amendment rights?

Do You Need to Talk to an Attorney About Being Charged With Theft After Leaving a Grocery Store Without Paying?

If you’ve been accused of leaving a grocery store without paying for one or more items, you may need to speak to an attorney. Your attorney will look at the facts of your case, listen to your side of the story and develop a strategy that gets you the best possible outcome in court. You can call us at any time; our number is 414-383-6700. If it’s easier, you can reach out to us online to schedule a free consultation now.

Attorney Carlos Gamino

By |2022-03-30T21:17:20-05:00June 13th, 2022|Criminal Law|Comments Off on What Happens if You Leave a Grocery Store Without Paying?

Everything You Need to Know About Lie Detector Tests

By Carlos Gamino

On TV and in the movies, it’s common to see suspects of crimes taking lie detector tests. But does that happen in real life? And if it does, can the results from a polygraph be used against you in court? This guide explains.

Everything You Need to Know About Lie Detector Tests

Lie detector tests conducted on a polygraph machine are more of a “thing” in Hollywood than they are in the state of Wisconsin. Though you may hear people volunteer to take a lie detector test, these tests aren’t as common as you may think.

Can the Police Use a Lie Detector Test on You?

The most important thing you need to know about police interrogations is that police are allowed to lie to you. That means if the police are questioning you about something, they are allowed to say what they want to say in order to get you to confess to a crime. That may include telling you that they are going to hook you up to a polygraph machine to determine whether you are lying about your involvement in a criminal case – even if they have no intention of doing so (and even if they don’t have a polygraph).

And it’s true: The police are allowed to use a polygraph during interrogations. However, the results may not be admissible in court.

Can the Results of a Polygraph Be Used Against You in Court?

Under Wisconsin law, the results of a polygraph can only be used against you in court under very limited circumstances. First, you must have agreed to take the polygraph test – and you must have completed the entire test. There are a number of other factors that determine whether the results of a polygraph are admissible in court, too, which your Wisconsin criminal defense attorney can explain to you.

Should You Agree to Take a Lie Detector Test?

The biggest issue here is your consent; you should absolutely speak to an attorney before you agree to take a polygraph test, even if you are completely innocent of the crime that the police are accusing you of committing. Your attorney may advise you to refuse to take a polygraph.

Related: What are 4th Amendment rights?

Why Would an Attorney Advise You Not to Take a Lie Detector Test?

Polygraph tests are notoriously unreliable. In fact, they don’t actually measure whether a person is lying. These tests can only measure possible indications that may suggest that the person on the other end of the wires could be lying. You can fail a lie detector test even when you’re telling the truth. These tests are designed to record physiological changes that occur when you give different types of answers, including your pulse, your breathing rate, your blood pressure and your perspiration level.

The idea behind a polygraph is that a person who is telling the truth won’t demonstrate any physiological changes. However, there’s a good chance that if you are being interrogated by the police, you are at least a little nervous – even if you’ve done nothing wrong. These tests are not accurate predictors of whether a person is lying, so in many cases, attorneys recommend that their clients decline to take a polygraph.

Related: Charged with damage to property? Here’s what you need to know.

Do You Need to Talk to an Attorney About a Polygraph Test You Took?

If you’ve already taken a polygraph test, or if the police suggest that they are going to give you one, you may need to speak with an attorney right away. You always have the right to legal counsel, so call our office at 414-383-6700 or schedule a free consultation online now. We can give you the guidance you need to get the best possible outcome in your case.

Attorney Carlos Gamino

By |2022-03-30T21:15:29-05:00June 6th, 2022|Criminal Law|Comments Off on Everything You Need to Know About Lie Detector Tests

Do You Have to Keep Paying Alimony if Your Former Spouse Remarries?

By Carlos Gamino

In the state of Wisconsin, courts sometimes order one spouse to pay the other alimony (commonly called spousal support or spousal maintenance). Usually, spousal support is only payable under certain conditions, and the payer may stop paying if certain things happen. This guide explains whether you have to continue paying alimony after your former spouse remarries.

Do You Have to Keep Paying Alimony if Your Former Spouse Remarries?

Your obligation to pay your former spouse alimony ends if they remarry. That’s because the money you were supposed to pay was intended to ensure that your former spouse had an income source; the courts assume that when a person remarries, their new spouse becomes responsible for providing that income.

Related: Alimony laws in Wisconsin

What Should You Do to Modify Your Alimony Payments When Your Former Spouse Remarries?

One of the most common reasons people terminate alimony is the remarriage of a former spouse. When you are the payor, your attorney can petition the court to ask it to terminate your support order. Your attorney will cite a change in circumstances that makes the support unnecessary.

What if Your Former Spouse Only Moves in With Someone but Doesn’t Get Remarried?

It is possible to terminate a support order if your spouse moves in with someone without getting remarried. Your attorney can point out the change in your former spouse’s financial circumstances, particularly when the person you are spouse moves in with is capable of paying some of the bills and sharing some of the cost of living.

Related: Will alimony be awarded in my divorce?

Do You Need to Talk to an Attorney About Modifying Your Alimony Payments?

If your former spouse has remarried or moved in with someone, you may be able to modify your alimony payments or have them terminated altogether. The best way to learn about your options is to discuss you are situation with a family law attorney in Wisconsin. Call our office at 414-383-6700 to schedule a consultation; if it’s easier, you can schedule a consultation with a family law attorney on our team online. We can give you the guidance you need to begin moving forward.

Attorney Carlos Gamino

By |2022-03-30T21:13:00-05:00June 6th, 2022|Family Law|Comments Off on Do You Have to Keep Paying Alimony if Your Former Spouse Remarries?

Do Kids Automatically Get Green Cards With Their Parents?

By Carlos Gamino

If you apply for a United States green card, your children may be eligible for green cards as well. However, your child’s age and marital status determine their eligibility, as well as whether they need their own green card application. This guide explains.

Does a Child Automatically Get a Green Card When a Parent Does?

Children do not automatically get green cards when their parents do. At minimum, kids need to be listed on a parent’s application for a green card in order for the United States government to process them as lawful permanent residents. The requirements differ based on whether you, the parent, are a United States citizen or a permanent resident (or applicant) yourself.

If you’re a U.S. citizen, you can petition for your children who are unmarried and under the age of 21; you may also petition for unmarried sons and daughters who are 21 or older, and their children may be included on your petition. Finally, you can petition for married sons and daughters of any age, and their children (as well as their spouse) may be included on the petition.

If you’re a lawful permanent resident, you can petition for a green card for your children who are unmarried and under the age of 21; the petition may also include your child’s children. You can also petition for unmarried sons and daughters who are aged 21 or older, as well as their children, on the same petition.

If you are applying to become a lawful permanent resident of the United States, your children will each need their own applications. Even if your kids were listed as derivative applicants on your approved visa petition, separate applications are necessary. Every person who applies for permanent residence, regardless of their immigration status, must file a separate petition.

Related: How long can you stay outside the U.S. if you have a green card?

What Happens if a Child “Ages Out” Before Receiving a Green Card?

Because there are waiting periods before many people can receive a green card, the U.S. Congress passed the Child Status Protection Act, or CSPA. This act prevents children from aging out due to long processing times. That means your child’s age is “frozen” at the time you apply for their green card, which prevents your child from becoming too old to receive one.

Related: Deportation for people with green cards

Do You Need to Talk to an Attorney About Getting Green Cards for Your Children?

U.S. immigration law is notoriously complicated, and regulations and rules can change at any time. For that reason, many people choose to work with a Wisconsin immigration attorney. If you need help applying for green cards for your children, we’re here for you. Call our office at 414-383-6700 or schedule your consultation online – we can answer your questions and help you get your petitions started.

Attorney Carlos Gamino

By |2022-03-30T21:11:00-05:00May 31st, 2022|Immigration Law|Comments Off on Do Kids Automatically Get Green Cards With Their Parents?

What Are the Consequences for Attempting a Crime in Wisconsin?

By Carlos Gamino

If you’re like many people come on you’ve heard of attempted crimes – but how serious are they, and can you go to prison if you’re charged with attempting a crime, even if you don’t succeed? This guide explains.

Will You Go to Prison for Attempting a Crime in Wisconsin?

You can absolutely go to prison in the state of Wisconsin for attempting a crime. Even if the crime isn’t successful, or if it does succeed but your role in it failed, you can find yourself behind bars. The bottom line is that it’s illegal to even attempt to commit a crime in the state of Wisconsin, and if you’re caught doing so, the police can (and will) come after you.

Related: What happens if you’re charged with shoplifting over the holidays?

What Statute Governs Attempted Crimes in Wisconsin?

Wisconsin Statutes § 939.32(3) governs attempts to commit crimes in our state. The law says, “An attempt to commit a crime requires that the actor have an intent to perform acts and attain a result which, if accomplished, would constitute such crime and that the actor does acts toward the commission of the crime which demonstrate unequivocally, under all the circumstances, that the actor formed that intent and would commit the crime except for the intervention of another person or some other extraneous factor.”      

That means if you do something that would lead to a successful crime, but something happens to prevent the crime from being successful, you’re still in hot water. (It’s a lot like the old Scooby-Doo cartoons; when Mystery, Incorporated caught a criminal, the criminal would always say, “And I would’ve gotten away with it, too, if it weren’t for you meddling kids!”)

Related: Talking to a lawyer about drug charges in Wisconsin

Penalties for Attempted Crime

Typically, the penalty for an attempted crime it’s half the penalty for a completed crime. That means if you would have gone to prison for two years if you had completed the crime, you’re subject to a one-year prison sentence for attempting the crime. However, there are some exceptions to the rule. Most notably, if you attempt a Class A felony, you may spend up to 40 years in prison with 20 years of extended supervision.

Related: What you need to know about juvenile delinquency cases in Wisconsin

Do You Need to Talk to an Attorney About Being Charged With an Attempted Crime?

If you’ve been charged with attempting a crime, we may be able to help you. Call our office at 414-383-6700 or get in touch with us online to set up a free consultation right away. Make no mistake: The stakes are high, and you don’t want to gamble with your future.

Attorney Carlos Gamino

By |2022-03-30T21:04:57-05:00May 30th, 2022|Criminal Law|Comments Off on What Are the Consequences for Attempting a Crime in Wisconsin?

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