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About Carlos Gamino

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

What is Legally Considered Entrapment?

By Carlos Gamino

Entrapment is an interaction between police officers and someone who’s allegedly committed a crime that involves the police enticing someone to commit a crime. In some cases, defendants are able to successfully show the court that they wouldn’t have otherwise committed a crime if not for the police’s involvement – but that can be very complex. Here’s what to know if you’re looking at an entrapment defense.

What is Legally Considered Entrapment?

Entrapment happens when law enforcement professionals or other government agents induce another person to commit a crime. The key, though, is the word induce. That means government agents use things like threats, harassment, fraud or flattery to get another person to commit a crime.

Simply providing an opportunity to commit a crime isn’t enough to constitute entrapment.

What Are Some Examples of Entrapment?

Check out these examples of entrapment:

  • A police officer threatens to beat you unless you deliver drugs to someone, collect payment, and return the money back to her.
  • A police officer tries to convince a homeless man to pick up and deliver drugs, but the man refuses. The police officer meets with the person multiple times over the course of a week, promising a large payment and a weeklong stay in a local hotel. Finally, after a week of pressure, the man gives in and commits the crime.

Sting operations are not entrapment, though. That’s because they provide an opportunity to commit a crime – but they don’t induce anyone to commit the crime. Judges expect people to resist ordinary temptations to commit a crime, but in sting operations, the person committing the crime would likely have committed the crime under different circumstances, as well.

How Do You Prove Entrapment?

If you want to use an entrapment defense, it’s on you and your attorney to prove it. You have to show that:

  • Law enforcement agents approached you or gave you the idea of committing the crime (because you wouldn’t have committed it yourself)
  • You were not ready and willing to commit the crime
  • Law enforcement agents persuaded you or coerced you into committing the crime

Do You Need to Talk to an Attorney About a Possible Entrapment Defense in Your Case?

If you were a victim of entrapment, we may be able to help you. Call us at 414-383-6700 to schedule your free consultation – we’ll answer your questions and start building a strategy that gets you the best possible outcome.

Attorney Carlos Gamino

By |2021-03-20T13:35:26-05:00April 13th, 2021|Criminal Law|0 Comments

What Happens if You Lie to Police in Wisconsin?

By Attorney Carlos Gamino

Police are trained to get people to admit to crimes – but what would happen if you lied to a cop? Could you get into more trouble, or is there a good chance that they’d never be able to prove it? What if you lied to protect someone else, or if you gave a false confession because you believed it would make things easier or better?

What Happens if You Lie to Police in Wisconsin?

First things first: You can’t lie to police if you’re not talking to them… and that’s always what we advise. You should never speak to the police without first talking to your attorney.

However, if you do end up lying to the police – for any reason – they can charge you with obstructing. Under Wisconsin law, obstructing can involve knowingly giving false information or knowingly placing physical evidence with the intent to mislead the officer.

A Word on False Confessions

Giving a false confession can be catastrophic. If you give a false confession, it can be incredibly difficult to take it back – and you could find yourself in prison trying to win your way out. Do not give a false confession to police officers, no matter what they tell you. In fact, don’t confess to anything, even if it’s true. You should talk to an attorney about your situation before you discuss your case with law enforcement.

What Are the Penalties for Obstruction?

If you get caught lying to police, you’re likely to face a Class A misdemeanor. A Class A misdemeanor carries a penalty of up to 9 months in jail and up to $10,000 in fines.

Lying to police is only one type of obstruction. If the obstruction is physical and you cause harm to a police officer, it’s a felony – but that is not the type of obstruction we’re discussing here.

Do You Need to Talk to an Attorney About a False Confession or Being Caught Lying to Police?

If you need to talk to an attorney, we’re here to help. Call us at 414-383-6700 for a free consultation today.

Carlos Gamino

By |2021-03-20T13:30:12-05:00April 13th, 2021|Criminal Law|0 Comments

Can You Challenge Field Sobriety Testing?

By Carlos Gamino

Field sobriety tests are extremely common during drunk driving stops. It’s not unusual for a police officer to say, “Could you step out of the car, please?” when he or she suspects a person of driving under the influence – but how accurate are field sobriety tests, and is it possible to challenge them in court?

Related: OWI vs. DUI in Wisconsin

Can You Challenge Field Sobriety Testing?

You and your attorney can absolutely challenge field sobriety testing. Your attorney may challenge based on your physical condition, age, weight or even your driving experience; he or she might also discuss the conditions on the roadside, the police officer’s experience in conducting these types of tests, and whether you were ill or wearing contact lenses at the time of your field sobriety test.

The bottom line is that these types of tests contain questionable methods – methods that may not tell a police officer whether you’re drunk or sober. For example, people pulled over for drunk driving may be asked to:

  • Stand on one foot while counting
  • Walk along an imaginary line
  • Touch one finger to the tip of their nose slowly
  • Recite the alphabet or count backward
  • Follow a pen or a light that a police officer holds in front of their face (this is called a nystagmus test)

How many of those things can you do under normal circumstances? How many of them can you do if you’re under a tremendous amount of pressure because you know that if you mess up, you’re going to jail – even if you haven’t had a drop to drink? The reality is that there are many reasons people struggle with each of these “tests.”

Related: First offense OWI in Wisconsin

Do You Need to Talk to a Lawyer About Challenging a Field Sobriety Test?

Many attorneys look for ways to challenge field sobriety tests because they don’t accurately predict how “drunk” a person is. If you were arrested for drinking and driving after taking a field sobriety test, we may be able to help you. Call our office at 414-383-6700 now – we will be happy to answer your questions about OWI charges and develop a strategy that gets you the best possible outcome.

Attorney Carlos Gamino

By |2021-03-20T13:28:04-05:00April 11th, 2021|Criminal Law, Traffic Offenses|0 Comments

What is an EB-5 Visa?

By Attorney Carlos Gamino

If you’re an investor, you could be eligible to apply for an EB-5 visa, which falls under a special program to stimulate the U.S. economy.

What is an EB-5 Visa?

The EB-5 visa is a pathway to permanent residency in the United States. With an EB-5 visa, you can make an investment in a U.S. business to obtain a green card; then, you can apply for naturalization and become a U.S. citizen.

Related: Family immigration in Wisconsin

Requirements for Commercial Enterprises in the EB-5 Immigrant Investor Program

You can only qualify for an EB-5 visa if you invest in a new commercial enterprise that was established after November 29, 1990, or on or before that date if it was an existing business that’s been restructured or reorganized to the extent that a new commercial enterprise results or that’s been expanded through the investment so much that it results in at least a 40 percent increase in the business’s net worth or number of employees.

You must also invest the required amount of capital in a new commercial enterprise to create full-time positions for at least ten qualifying employees.

Related: The immigration guide to naturalization

Capital Investment Requirements

You must have capital to qualify for an EB-5 visa, and you must invest that capital – which can be cash, equipment, inventory, tangible property, cash equivalents or indebtedness secured by assets you already own. The minimum investment amount depends on where you’re investing, whether it’s in a typical area, a Targeted Employment Area (TEA), or a high-employment area. If you are filing for the first time after November 21, 2019, you must invest:

  • $1,800,000 in a typical investment area
  • $900,000 in a targeted employment area
  • $1,800,000 in a high-employment area

Do You Need to Talk to an Attorney About Securing an EB-5 Visa?

If you’re considering immigrating to the U.S. as an investor, you may want to have an experienced and knowledgeable immigration attorney on your side. Call us at 414-383-6700 to set up your consultation – we will be happy to answer your questions and give you the case-specific legal advice you need.

Carlos Gamino

By |2021-03-20T13:08:28-05:00April 5th, 2021|Immigration Law|0 Comments

What is the Penalty for Computer Hacking?

By Carlos Gamino

Computer hacking – the act of getting into someone else’s digital data without authorization, even if you don’t do anything with the data you find – is a serious crime in Wisconsin. In fact, it can even be a federal crime. It’s often a good idea to work with a computer crime defense attorney if you’re in this type of trouble; the penalties can be extremely harsh and even include prison time.

Computer Hacking Laws in Wisconsin

Under Wisconsin law, the state can charge you with a hacking crime if you do any of the following:

  • Modify data, computer programs or supporting documentation
  • Destroy data, computer programs or supporting documentation
  • Access computer programs or supporting documentation
  • Take possession of data, computer programs or supporting documentation
  • Copy data, computer programs or supporting documentation
  • Disclose restricted access codes or other restricted access information to unauthorized persons

Likewise, the state can charge you with a hacking crime if you intentionally cause an interruption in service by submitting a message (or multiple messages) to a computer, program, system or network that exceeds its processing capacity (such as a DDOS attack).

As you can see, you don’t have to know anything about computer coding to be charged as a hacker; you can get into trouble by changing or deleting files, accessing programs with another person’s password or even copying data that doesn’t belong to you.

Related: Computer sex crime charges

Penalties for Computer Hacking in Wisconsin

The penalties for computer hacking in Wisconsin vary based on the circumstances of the case. If you commit the offense to defraud or obtain property, it’s a Class I felony. However, it’s a Class F felony if:

  • The offense results in damage valued at more than $2,500
  • Interrupts or impairs government operations or public communication, transportation, or a supply of water, gas or any other public service
  • Creates a substantial and unreasonable risk of death or great bodily harm to another person

Even worse, if you try to hide the identity or location of the computer you use to commit the crime, your penalties will increase.

Do You Need to Speak With an Attorney About Computer Hacking Charges in Wisconsin?

If you’ve been accused of any hacking offense, we may be able to help you. Call us at 414-383-6700 now – we can provide you with a free consultation. We’ll be glad to answer your questions and help you get things moving in the right direction.

Carlos Gamino

By |2021-01-17T07:05:19-06:00April 5th, 2021|Criminal Law|0 Comments

What to Know Before Getting a Divorce

By Carlos Gamino

If you’re like many people contemplating divorce, you know that it pays to prepare – but where do you even begin? Check out these three things you should know before you divorce your spouse; they may surprise you.

What to Know Before Getting a Divorce

Divorce is one of the hardest things you’ll ever go through, and because you’ll most likely be making the decision during a time of emotional upheaval, it’s easy to let logic fall by the wayside. However, there are three things you need to know before you split from your spouse:

  1. Divorce isn’t a “win or lose” proposition
  2. The legal system isn’t built for revenge
  3. You must be financially prepared to leave

Here’s a closer look at each.

#1. Divorce Isn’t a Win-or-Lose Proposition

There are two types of divorce: Successful and unsuccessful. That doesn’t mean that it’s a win-or-lose situation, though – nobody “wins” or “loses.” It does mean, however, that you can have a successful or unsuccessful divorce. A successful divorce is one in which you walk away reasonably satisfied with the outcome, and the outcome sets you up for a successful future.

Related: Cooperating with your spouse during divorce

#2. The Legal System Isn’t Built for Revenge

When you divorce your spouse, what you’re really doing is dissolving a legal partnership. It’s fine to be angry with your soon-to-be ex, but it’s not fine to try to use the legal system to get vengeance. The courts simply aren’t set up that way, so don’t think that you’re going to “take him for all he’s worth” or “prevent her from getting a cent,” regardless of what your spouse did during your marriage. The law looks at divorce like a business transaction; both parties are entitled to walk away with a fair and reasonable outcome.

#3. You Must Be Financially Prepared to Leave

Going from a dual-income household to a single-income household is an adjustment, even if you make a significant enough amount of money that you don’t need any from your spouse. Depending on your situation, you may need to find a new place to live; you’ll certainly be responsible for your own living expenses (unless a judge orders spousal support, and even then, it’s not unlimited), and you’ll have to adjust your schedule to meet your children’s needs. It’s absolutely essential that you’re financially prepared before you file for divorce.

Related: The effects of divorce on kids

Do You Need to Talk to a Divorce Attorney?

If you’re thinking about divorce, or if your spouse has already filed, we may be able to help you. Call us at 414-383-6700 now to talk about your case – we’ll answer your questions and give you the guidance you need.

Carlos Gamino

By |2021-01-17T07:02:55-06:00March 28th, 2021|Family Law|Comments Off on What to Know Before Getting a Divorce

What is an Attempted Crime?

By Carlos Gamino

In the state of Wisconsin, you can get in trouble for trying to commit a crime – even if you never actually go through with the crime. And even worse, the penalties can be nearly as severe for attempted crime as they are for the actual commission of a crime.

Here’s what you need to know.

What is an Attempted Crime?

The state of Wisconsin can charge you with attempted crime if you had the intent to perform certain acts that would constitute a crime, even if something prevents you from committing the crime. Here’s an example: Let’s say you reach into a car’s open window to steal something, but the car’s owner comes out and chases you off before you can grab the object you intended to steal. The state of Wisconsin can charge you with an attempted crime because you tried to steal something – you just didn’t actually get it.

Under Wisconsin law, the state can charge you with an attempted crime if you had the intent to commit a crime – and you would have committed a crime if your plans hadn’t been interrupted by another person or some other factor.

Related: What is juvenile delinquency in Wisconsin?

What Kinds of Attempted Crimes Can You Be Charged With?

You can be charged attempted crime for anything in the Wisconsin Statutes. You can be charged with attempted:

What Are the Penalties for Attempted Crime?

Although every case is different, the penalty for an attempted crime is half the penalty for a completed crime. If you would have been sentenced to 6 months in jail for actually something out of the car in the example above, you might be looking at a 3-month jail sentence for attempting to steal something.

Do You Need to Talk to an Attorney About Attempted Crime Charges?

If you’ve been charged with attempting a crime – any crime – we may be able to help you. Call us at 414-383-6700 now to schedule your free consultation. We’ll be happy to answer your questions and give you the legal advice you need to get the best possible outcome in your case.

Carlos Gamino

By |2021-01-17T07:01:04-06:00March 24th, 2021|Criminal Law|Comments Off on What is an Attempted Crime?

How to Beat a Possession With Intent Charge

By Carlos Gamino

Possession with intent charges can result in felony convictions, so for most people, the best course of action is to get in touch with a Wisconsin drug crime attorney who can help. The bottom line is that if you’re convicted of possession with intent to deliver – for any drug – you could be looking at years in prison. But is it possible to beat a possession with intent charge? Here’s what you need to know.

Can You Beat a Possession With Intent Charge?

People have successfully beaten possession with intent charges in Wisconsin. However, every case is different, and there’s no way to predict how the judge will rule in your case.

Your attorney will look carefully at the circumstances of your case. He or she will ask you several questions, examine police evidence and find a way to get you the best possible outcome. Your lawyer will fight to preserve your rights in court, too.

Related: What counts as a drug crime in Wisconsin?

Penalties for Possession With Intent to Deliver

The state can charge you with drug possession with intent to deliver even if you don’t come out and say, “Yes, I was going to sell those drugs.” Usually, the amount of the drug that you have shows the authorities that you weren’t hanging on to it for personal use.

The penalties for possession with intent to deliver depend on the drug and the amount you have. The following tables break down the most common drugs and their penalties.

Possession of Marijuana With Intent to Deliver

<200 Grams200 – 1,000 grams1,000 – 2,500 grams2,500 grams – 10,000 grams>10,000 Grams
Class I felonyClass H felonyClass G felonyClass F felonyClass E felony

Possession of Cocaine With Intent to Deliver

<1 gram1 – 5 grams5 – 15 grams15 – 40 grams>40 grams
Class G felonyClass F felonyClass E felonyClass D felonyClass C felony

Possession of Methamphetamine With Intent to Deliver

<3 grams3 – 10 grams10 – 50 grams>50 grams
Class F felonyClass E felonyClass D felonyClass C felony

Possession of Heroin With Intent to Deliver

<3 grams3 – 10 grams10 – 50 grams>50 grams
Class F felonyClass E felonyClass D felonyClass C felony

Related: What happens if you’re arrested for dealing drugs?

Do You Need to Talk to an Attorney About Beating a Possession With Intent to Deliver Charge?

If you’ve been charged with possession with intent to deliver for any drug, we may be able to help you. Call us at 414-383-6700 for your free consultation today.

Carlos Gamino

By |2021-01-17T06:51:45-06:00March 22nd, 2021|Criminal Law|Comments Off on How to Beat a Possession With Intent Charge

Are You Financially Responsible for Your Child’s Crimes?

By Carlos Gamino

If your child commits a crime and causes property damage (or a crime that comes with other types of financial liability), you could be on the hook for paying for it. Here’s what you need to know about Wisconsin’s parent financial responsibility laws.

Are You Financially Responsible for Your Child’s Crimes?

As a parent, you’re subject to Wisconsin’s parent financial responsibility laws. If your child acts willfully, maliciously or wantonly, or even negligently, the state can hold you liable. A parent’s financial responsibility is currently limited under the law (although that can change at any time, so you should consult with an attorney for the most current information) – but it can be as high as $20,000 for damages in some cases.

Related: Delinquency petitions in Wisconsin

The state can hold you liable for things like:

  • Property damage
  • Repairing or replacing damaged property
  • Removing graffiti
  • The value of unrecovered stolen property
  • Harm resulting from personal injury to another person

There’s another statute that imposes liability on criminal cases involving motor vehicles. Wisconsin Statute § 343.15(2)(b) says that if your child (or a child you’re responsible for) uses a motor vehicle in a negligent and willful manner, you face unlimited liability.

Related: CHIPS in Wisconsin

Which Parents Can Face Liability?

The state can hold you liable if you have legal custody of the child through a court order, custody that’s agreed upon under a legal stipulation or actual physical custody of a child. Obviously, if you didn’t have the reasonable ability to exercise supervision and control of the child (because the child is uncontrollable or because someone interfered with your ability), the law provides you with certain protections.

Has Your Child Gotten Into Trouble With the Law?

If your child has been accused of committing a crime, we may be able to help. Call our office at 414-383-6700 today to talk about your situation – we’ll answer your questions and give you the guidance you need.

Carlos Gamino

By |2021-01-17T06:58:51-06:00March 17th, 2021|Criminal Law, Juvenile Law|Comments Off on Are You Financially Responsible for Your Child’s Crimes?

What is Criminal Damage to Property in Wisconsin?

By Carlos Gamino

In Wisconsin, criminal damage to property can be a misdemeanor or a felony – it depends on the type of property involved in the incident. One thing is for sure, though: If you’re convicted of a crime, it goes on your permanent criminal record, and if you can avoid a conviction, you probably should.

What is Criminal Damage to Property in Wisconsin?

Any court in Wisconsin can convict you of criminal damage to property if the prosecutor can show that you:

  • Intentionally caused damage to physical property that belonged to another person
  • Caused the damage without the owner’s consent
  • Knew that the property belonged to someone else and that the property’s owner did not consent to you damaging it

Let’s say you and your friend want to smash an old copy machine in the middle of a field. The copier belongs to your friend, and you’re out there together. He hands you a baseball bat and you smash the copier. Yes, you intentionally caused damage to physical property that belongs to another person – but you did so with the property owner’s consent, so it wasn’t a crime.

Now let’s say you and your friend want to smash a copy machine that belongs to your employer. You take it out to the field and smash it, but you never asked your employer for permission. Your employer didn’t know you were doing it, and nobody gave you consent – so in that case, you committed a crime.

Related: Is destroying your own property a crime?

When is Criminal Damage to Property a Misdemeanor in Wisconsin?

Criminal damage to property is a misdemeanor in many cases. In fact, it’s often a Class A misdemeanor, which is punishable by up to 9 months of imprisonment and fines of up to $10,000.

When is Criminal Damage to Property a Felony in Wisconsin?

In some cases, criminal damage to property is a felony. There are certain special circumstances, such as damage to or graffiti on religious property, at a cemetery or at some schools, that make it a felony crime. Damage that disrupts public utilities or puts travelers on the highway at risk are also felony charges.

Do You Need to Talk to a Property Crime Defense Attorney?

If you’re in trouble for property damage, we may be able to help you. Call our office at 414-383-6700 to set up your free consultation with a property crime defense attorney. We’ll ask you some questions, discuss your situation, and look at possible outcomes – and we’ll give you the case-specific legal advice you need.

Carlos Gamino

By |2021-01-17T06:48:59-06:00March 10th, 2021|Criminal Law|Comments Off on What is Criminal Damage to Property in Wisconsin?