Tedia Gamino, Author at Gamino Law Offices, LLC

What Is the Definition of an Escape Charge in Wisconsin?

In Wisconsin, escape charges typically refer to the offense of escaping from legal custody or avoiding lawful detention. The charges and consequences can vary depending on the circumstances surrounding the escape.

Escape charges may apply in situations where an individual intentionally avoids or removes themselves from lawful custody, detention, or confinement. This can include failing to report to jail or escaping from jail, prison, or other places where a person is legally required to remain or return. For example, you can be charged with escape if you are granted Huber release from custody and fail to return on time.

The consequences of an escape charge in Wisconsin may include:

1. Criminal Penalties: Escape is considered a criminal offense, and the penalties for escape can vary based on the degree of the offense. The charges may range from a misdemeanor to a felony, depending on factors such as the type of underlying conviction for which the sentece was imposed, whether force was used, the level of security breaches, and the potential danger to others.

2. Fines: Individuals convicted of escape may be subject to fines as part of the criminal penalties.

3. Additional Charges: Escape charges are often accompanied by other charges, especially if force or violence was used during the escape. For example, assaulting law enforcement officers or damaging property during an escape may result in additional charges.

4. Increased Penalties for Repeat Offenders: If a person has a history of escape or similar offenses, the penalties for a subsequent escape conviction may be more severe.

Did you know that it is also a crime to help someone who has escaped? Assistance may be considered harboring a fugitive. Learn more about harboring a fugitive charges here.

Do you need to speak to a Wisconsin criminal defense attorney about an escape charge?

If you have questions about an escape charge or harboring a fugitive, call our office at 414-383-6700 to schedule a consultation with one of our Milwaukee criminal defense attorneys who can provide the guidance you need.

By Tedia Gamino|2024-02-02T10:17:05-06:00March 7th, 2024|Criminal Law|Comments Off

Will I Face Jail Time for Possession of an Unregistered Firearm in Wisconsin?

Wisconsin generally does not require the registration of firearms. However, federal law requires certain firearms, such as fully automatic weapons, short-barreled shotguns, and silencers, to be registered with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). If you possess a firearm that falls under these categories without the required federal registration, you could potentially face legal consequences.

If you are found with an unregistered weapon, especially if it falls under the categories regulated by federal law, the potential consequences may include:

1. Federal Charges: Violating federal firearms laws, including the failure to register certain types of firearms, can result in federal charges. Federal penalties for firearm offenses can include fines and imprisonment.

2. State Charges: While Wisconsin generally does not require the registration of firearms, there may be state charges related to the possession of certain types of weapons or firearms. The specific charges and penalties would depend on the circumstances and the nature of the weapon.

3. Confiscation of the Weapon: Law enforcement may confiscate the unregistered weapon, especially if it is prohibited or regulated under federal or state law.

Do you need to speak to a Wisconsin Criminal Defense Attorney about possession of an unregistered firearm?

If you have questions about possession of an unregistered firearm, call our office at 414-383-6700 to schedule a consultation with one of our attorneys who can provide the guidance you need.

By Tedia Gamino|2024-02-02T10:06:50-06:00March 5th, 2024|Criminal Law, Gun Crime|Comments Off

What Are the Possible Aftermaths of Property Crime in Wisconsin?

Property crimes in Wisconsin refer to offenses that involve unlawful interference with another person’s property. These offenses encompass a broad range of criminal activities, including theft, burglary, robbery, arson, criminal damage to property, and more. The consequences for property crimes in Wisconsin vary based on the specific offense committed and its severity.

Here are some common property crimes and their potential consequences in Wisconsin:

1. Theft: Theft involves unlawfully taking someone else’s property with the intent to permanently deprive them of it. The penalties for theft in Wisconsin depend on the value of the stolen property and whether the offense is charged as a misdemeanor or a felony.

2. Burglary: Burglary involves unlawfully entering a building or dwelling with the intent to commit a crime inside, such as theft or assault. The severity of burglary charges depends on factors like whether the building was occupied, the presence of weapons, and the type of crime committed.

3. Robbery: Robbery involves taking property from another person through force, threat, or intimidation. Robbery is a felony in Wisconsin and can result in significant penalties, including imprisonment.

4. Arson: Arson is the intentional act of setting fire to property. The severity of arson charges depends on factors such as the type of property involved, the risk to human life, and the extent of the damage.

5. Criminal Damage to Property: Criminal damage to property involves intentionally damaging or destroying another person’s property.

The specific penalties for property crimes in Wisconsin are outlined in the Wisconsin Statutes, and they vary based on the degree of the offense, any aggravating factors, and the offender’s criminal history.

Do You Need to Speak to an Attorney about Property Crime?

If you have questions about property crime, call our office at 414-383-6700 to schedule a consultation with one of our attorneys who can provide the guidance you need.

By Tedia Gamino|2024-02-02T09:56:49-06:00February 29th, 2024|Criminal Law, Property Crimes|Comments Off

Will My Kids Be Taken Away from Me if I Am Charged with Child Abuse in Wisconsin?

In Wisconsin, child abuse is broadly categorized into physical abuse, emotional abuse, sexual abuse, and neglect. The laws aim to protect the well-being of children and hold individuals accountable for actions that harm or endanger children.

The consequences of child abuse can vary based on the severity of the offense, the specific circumstances, and whether the abuse is prosecuted as a criminal offense or addressed through civil child protective proceedings. Here are some key aspects of child abuse in Wisconsin:

1. Physical Abuse: This involves intentionally causing physical harm to a child, resulting in injury. Physical abuse can lead to criminal charges.

2. Emotional Abuse: Emotional abuse may involve actions or behaviors that cause severe emotional harm to a child. While it may not always result in criminal charges, it can lead to civil child protective actions and intervention by child welfare agencies.

3. Sexual Abuse: Sexual abuse involves any form of sexual exploitation or assault on a child. Wisconsin has various criminal statutes addressing sexual offenses against children, and those convicted may face severe criminal penalties including incarceration.

4. Neglect: Neglect occurs when a parent or caregiver fails to provide adequate care and supervision for a child, leading to the child’s well-being being endangered. Neglect cases may result in civil child protective actions or criminal charges, often depending on harm or potential harm to the child.

Consequences of child abuse can include:

Criminal Penalties: Individuals found guilty of child abuse may face criminal charges, leading to imprisonment, fines, or probation.

Loss of Custody: Child protective services may intervene in cases of abuse, leading to the temporary or permanent removal of the child from the abusive environment.

Restraining Orders: Courts may issue restraining orders to protect the child from further harm.

Do You Need to Speak to an Attorney about Child Abuse?

If you have questions about child abuse, call our office at 414-383-6700 to schedule a consultation with one of our attorneys who can provide the guidance you need.

By Tedia Gamino|2024-02-02T09:52:35-06:00February 27th, 2024|Criminal Law, Family Law, Juvenile Law|Comments Off

What Are the Penalties for Operating a Motor Vehicle After Revocation in Wisconsin?

“Operating after Revocation ” in Wisconsin refers to the offense of driving a motor vehicle while your driving privileges have been revoked. Driver’s license revocation can occur for various reasons, including but not limited to convictions for certain offenses, accumulation of points on your driving record, failure to maintain auto insurance or administrative actions taken by the Department of Motor Vehicles (DMV).

The consequences of operating after revocation in Wisconsin can include:

1. Criminal Penalties: Operating after revocation is a criminal offense. The penalties can include fines and potential imprisonment. The severity of the penalties may depend on the reason for the license revocation and whether there are any previous offenses.

2. Vehicle Impoundment: Law enforcement may impound your vehicle if you are caught driving with a revoked license.

3. Extension of Revocation Period: If you are caught operating after revocation, the DMV may extend the period of your license revocation.

4. Future Consequences: Convictions for operating after revocation can have long-term consequences, including increased insurance premiums and difficulties in reinstating your driving privileges.

It’s important to address the underlying reasons for the license revocation and take appropriate steps to reinstate your driving privileges legally.

Do You Need to Speak to an Attorney about Operating after Revocation?

If you have questions about operating after revocation, call our office at 414-383-6700 to schedule a consultation with one of our attorneys who can provide the guidance you need.

By Tedia Gamino|2024-02-02T09:45:49-06:00February 24th, 2024|Criminal Law, Traffic Offenses|Comments Off

How Long Could I Go to Jail for Rape in Wisconsin?

In Wisconsin, the crime of rape is generally classified under the broader term sexual assault. The Wisconsin Statutes address sexual assault in Chapter 940, which includes various offenses related to sexual violence. The specific charge and consequences depend on the circumstances of the offense, the degree of force used, the relationship between the parties involved, and other factors.

The primary sexual assault offenses in Wisconsin include:

1. First-Degree Sexual Assault: This is the most serious charge and involves sexual contact or sexual intercourse with another person without their consent, using force or the threat of force. It can also include sexual assault in circumstances where the victim is unconscious, intoxicated, or otherwise unable to give consent.

2. Second-Degree Sexual Assault: This charge involves sexual contact or intercourse without consent, but it may not involve the same degree of force or the same aggravating factors as first-degree sexual assault.

3. Third-Degree Sexual Assault: This charge includes sexual contact or intercourse with a person who did not give consent, but it typically involves fewer aggravating factors than first- and second-degree sexual assault.

The consequences of a sexual assault conviction in Wisconsin can be severe and may include:

– Criminal Penalties: Convictions for sexual assault can result in significant prison sentences, with the length of imprisonment depending on the degree of the offense.

–Sex Offender Registration: Individuals convicted of sexual assault may be required to register as sex offenders, which can have long-term consequences for employment, housing, and other aspects of life.

– Restraining Orders: Courts may issue restraining orders to protect victims from further contact with the offender.

It’s important to note that sexual assault cases are complex, and legal outcomes can vary based on the specific details of each case.

Do You Need to Speak to an Attorney about a Rape Offense?

If you have questions about a rape offense, call our office at 414-383-6700 to schedule a consultation with one of our attorneys who can provide the guidance you need.

By Tedia Gamino|2024-02-02T09:39:19-06:00February 22nd, 2024|Criminal Law, Sex Crimes|Comments Off

What are the Consequences of Money Laundering in Wisconsin?

Money laundering is a criminal offense that involves engaging in financial transactions to conceal the origins of illegally obtained money. Typically money laundering occurrs by passing funds through a complex sequence of banking transfers or commercial transactions. The goal of money laundering is to make the illicitly gained funds appear legitimate.

In Wisconsin, money laundering is generally addressed under federal laws that criminalize money laundering activities. The consequences of money laundering can be severe, as it is considered a serious financial crime .

The consequences of money laundering in Wisconsin may include:

1. Criminal Penalties: Money laundering is a criminal offense, and individuals convicted of this crime may face significant fines and imprisonment.

2. Asset Forfeiture: Law enforcement authorities may seize assets that are believed to be proceeds of money laundering. This can include money, real estate, vehicles, and other valuable assets.

3. Restitution: Courts may order individuals convicted of money laundering to pay restitution to victims or to cover the costs associated with investigating and prosecuting the offense.

4. Federal Charges: In most cases, money laundering may be prosecuted at the federal level, especially if it involves large sums of money or crosses state lines or international borders. Federal penalties can be severe and may include longer prison sentences and larger fines.

It’s important to note that money laundering cases can be complex, often involving intricate financial transactions and detailed investigations.

Do You Need to Speak to an Attorney about a Money Laundering Offense?

If you have questions about a money laundering offense, call our office at 414-383-6700 to schedule a consultation with one of our attorneys who can provide the guidance you need.

By Tedia Gamino|2024-02-02T09:32:14-06:00February 20th, 2024|Criminal Law, Fraud Crimes|Comments Off

What are the Potential Consequences of a Speeding Offense?

In Wisconsin, speeding violations are generally considered traffic offenses and are classified as civil rather than criminal offenses. However, there are situations where speeding can lead to more serious consequences, including felony charges. Felony charges for speeding are not based solely on exceeding the speed limit but rather on other factors that may escalate the offense to a more serious level.

One common scenario where speeding can lead to felony charges is when the speeding results in a serious accident causing injury or death. If excessive speed is a contributing factor in a crash that results in substantial bodily harm or death, the responsible driver may face charges such as:

1. Reckless Driving Causing Injury (Class A Misdemeanor): This charge may apply when reckless driving, which can include speeding, driving under the influence, or other dangerous driving results in bodily harm to another person.

2. Reckless Homicide by Vehicle (Felony): If reckless driving, including excessive speeding or drunk driving, leads to the death of another person, the driver may face felony charges of reckless homicide by vehicle.

It’s important to note that the specific charges and consequences can vary based on the circumstances of the incident, the degree of negligence or recklessness involved, and other factors. Felony charges are more severe than misdemeanors and can result in significant legal consequences, including substantial fines, imprisonment, and long-term effects on a person’s criminal record.

Do You Need to Speak to an Attorney about a Driving Offense?

If you have questions about a driving offense, call our office at 414-383-6700 to schedule a consultation with one of our attorneys who can provide the guidance you need.

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By Tedia Gamino|2024-02-02T09:25:59-06:00February 17th, 2024|Criminal Law, Traffic Offenses|Comments Off

Will I Go to Jail for Public Intoxication in Wisconsin?

Public intoxication and disorderly conduct are related but distinct legal concepts. Public intoxication typically involves being in a public place while under the influence of alcohol or drugs, to the point where one’s actions or behavior may be disruptive or pose a risk to oneself or others. Disorderly conduct, on the other hand, encompasses a broader range of behaviors that disturb public peace or safety.

In Wisconsin, public intoxication itself is not a specific criminal offense. However, if a person’s intoxicated behavior becomes disorderly or disruptive, it may lead to charges of disorderly conduct. Disorderly conduct charges can be applied in situations where a person’s actions intentionally or recklessly cause public inconvenience, annoyance, or alarm.

The consequences of disorderly conduct in Wisconsin can include:

1. Penalties: Disorderly conduct is typically classified as a misdemeanor in Wisconsin. The penalties for disorderly conduct may include fines and potential imprisonment, with the severity depending on the circumstances of the offense.

2. Criminal Record: A conviction for disorderly conduct can result in a criminal record, which may have implications for future employment, housing, and other aspects of a person’s life.

3. Restitution: Courts may order restitution if the disorderly conduct resulted in damage to person or property, or if there were costs incurred by law enforcement in responding to the incident.

Do You Need to Speak to an Attorney about Disorderly Conduct?

If you have questions about disorderly conduct, call our office at 414-383-6700 to schedule a free consultation with one of our attorneys who can provide the guidance you need.

By Tedia Gamino|2024-02-02T08:24:11-06:00February 15th, 2024|Criminal Law|Comments Off

What are Wisconsin’s Laws about Tax Evasion?

Tax evasion refers to the illegal act of intentionally underreporting income, inflating deductions, or engaging in other deceptive practices to reduce one’s tax liability. It is a serious offense and is considered a form of tax fraud. Tax evasion is a criminal act, and individuals or businesses found guilty of tax evasion can face significant legal consequences.

In the context of Wisconsin, tax evasion is typically prosecuted at the federal level by the Internal Revenue Service (IRS). The consequences of tax evasion in Wisconsin are similar to those at the federal level, as the federal tax laws apply across all states.

The consequences of tax evasion can include:

1. Criminal Penalties: Tax evasion is a federal crime, and individuals convicted of this offense may face criminal penalties, including fines and imprisonment. The severity of the penalties depends on factors such as the amount of taxes evaded, the length of time over which the evasion occurred, and any prior criminal history.

2. Civil Penalties: In addition to criminal penalties, individuals found guilty of tax evasion may be subject to civil penalties imposed by the IRS. These penalties can include substantial fines, which are separate from any criminal fines imposed.

3. Restitution: Courts may order individuals convicted of tax evasion to pay restitution to cover the unpaid taxes and any other financial harm caused by the evasion.

4. Loss of Assets: The government may seize assets to satisfy tax debts, especially if an individual is unable to pay the fines or restitution.

5. Legal Consequences: Tax evasion cases can be complex, and individuals facing such charges may incur legal fees associated with their defense. It’s advisable to seek legal representation to navigate the legal process effectively.

Do You Need to Speak to an Attorney about Tax Evasion?

If you have questions about tax evasion, call our office at 414-383-6700 to schedule a consultation with one of our attorneys who can provide the guidance you need.

By Tedia Gamino|2024-02-02T08:14:00-06:00February 13th, 2024|Criminal Law, Fraud Crimes|Comments Off

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