Carlos Gamino, Author at Gamino Law Offices, LLC

Can You Fight Drug Charges in Wisconsin?

Possession of a controlled substance – the official name for drug charges in Wisconsin – is a serious offense. If you’re convicted, you could be looking at time in jail or prison. But is there a way to fight drug charges? Here’s what you need to know.

Can You Fight Drug Charges in Wisconsin?

You are entitled to disagree with any criminal charges the state has levied against you, which means you absolutely can fight drug charges in Wisconsin. Most people choose to work with a Wisconsin drug crime defense attorney to get the best possible outcome. There are a handful of possible defenses, with the most common being:

The police committed unlawful search and seizure
The drugs weren’t yours
You were forced to hold or transport the drugs for someone else

Here’s a closer look at each.

#1. The Police Committed Unlawful Search and Seizure

If the police illegally obtain evidence against you, it’s not admissible in court. That means if the police conducted an unlawful search of your property and found drugs, the court can (and will) refuse to accept it as evidence.

#2. The Drugs Weren’t Yours

Sometimes people are arrested on suspicion of drug crimes when the drugs aren’t even theirs. For example, if you gave your cousin and her friend a ride to school, and her friend dropped a joint in your car without your knowledge, and you’re later arrested for possessing that joint, your attorney may be able to show the court that the drugs weren’t yours and that you didn’t know they were in your car.

#3. You Were Forced to Hold or Transport Drugs for Someone Else

When someone threatens you and forces to hold or transport drugs for them, you may have a valid defense against drug charges. Your attorney will have to show the court that you had the drugs against your will and that you were only holding or transporting them because you were afraid of what would happen if you refused.

Do You Need to Talk to a Lawyer About How to Fight Drug Charges?

If you’ve been accused of a drug crime, we may be able to help you fight your charges. Call us at 414-383-6700 now to schedule a free consultation with an attorney.Carlos Gamino

By Carlos Gamino|2020-09-19T14:02:56-05:00October 12th, 2020|Criminal Law|Comments Off

What is Adjustment of Status in U.S. Immigration?

By Carlos Gamino

For many people, an adjustment of status is one more step in the direction of becoming a naturalized citizen. This guide explains what adjustment of status is, how to accomplish it and what happens when the U.S. government changes your immigration status.

What is Adjustment of Status?

Adjustment of status is a process you can use if you have a valid visa and want to become a lawful permanent resident, or LPR, of the United States. If the government approves your adjustment of status petition, you’ll receive a green card – and that will enable you to live and work anywhere in the U.S.

Who Qualifies for Adjustment of Status?

Not everyone qualifies for an adjustment of status. You can only apply for it if you used a visa to come to the U.S. on this trip – the one that brought you to the U.S. this time around. Most people must be in the U.S. legally to adjust status, although there are some exceptions (such as when you have overstayed a visa).

How Long Does it Take to Adjust Your Immigration Status?

Adjusting status in the U.S. can be a lengthy process, and it can be complicated. That’s why many people choose to work with a Wisconsin immigration attorney throughout the process.

Essentially, the length of time it takes to adjust your immigration status depends on the reason you qualify for a green card, the location of the processing office and a handful of other factors. Generally speaking, it takes between 7 months and 3 years to get a green card after your application is complete and filed with the U.S. government. However, those based on familial connections (other than spouses and children) can take a long time – even up to 10 years. Those types of green cards are based on availability, and you must wait until your number comes up to claim your green card. On the other hand, some employment-based green cards can go through the system fairly quickly, particularly if they’re in low-demand areas.

Do You Need to Talk to an Immigration Attorney About an Adjustment of Status Petition?

If you’re thinking about filing an adjustment of status petition, we may be able to help you. Call us at 414-383-6700 today to schedule a consultation with an immigration attorney. During your consultation, we’ll be happy to explain the process, answer your questions and get you started on the right path to a green card.

Carlos Gamino

By Carlos Gamino|2020-09-19T14:45:22-05:00October 7th, 2020|Immigration Law|Comments Off

What Should You Wear to Court in Wisconsin?

By Carlos Gamino

If you’re like many people, you’ve never been through the legal system before – so what are you supposed to wear to court? Your criminal defense attorney will be happy to help you make the right choices, but here’s a quick run-down so you know what you can (and can’t) wear in the courtroom.

What Should You Wear to Court in Wisconsin?

When you’re going to court for a criminal case, it’s important that you show the judge in your case that you respect the court. That means you should wear clothing that shows you care about your situation. You don’t have to wear a formal suit or a fancy dress, but you do have to present yourself respectably. Think about wearing something you could wear to a job interview and you’re on the right track.

Let’s start with what you can’t wear. Many courts have a dress code, but even if the court you’re going to doesn’t have one, don’t wear:

A hat
Shorts
Tank tops or revealing shirts
Sandals or exposed bare feet
T-shirts (especially those with drug or criminal references)

Generally, you can wear:

A suit (including pantsuits for women)
Slacks
Khakis
Jeans, if they’re all you have
A work uniform, if it is the nicest clothing you have
A dress you could wear to a job interview
A collared shirt
A shirt with no collar but long sleeves, if it’s all you have
A button-down shirt with a tie
A skirt and conservatively styled top
A blouse, sweater or casual dress shirt

Loungewear and gym clothes aren’t acceptable for court. Generally, you should try to dress as if you are going to see someone you want to impress – like a prospective employer, your significant other’s parents whom you haven’t met yet, or your pastor. If you don’t have formal clothing, semi-formal or even casual clothing is okay, as long as it’s clean and wrinkle-free.

Are You Due for a Court Appearance?

When you go to court, you’re entitled to go with a lawyer by your side. If you’ve been charged with a crime, whether it’s a misdemeanor or a felony, we may be able to help you. Call us at 414-383-6700 now to schedule your free consultation with an experienced attorney now.

Carlos Gamino

By Carlos Gamino|2020-09-19T14:04:45-05:00October 5th, 2020|Criminal Law|Comments Off

Do I Have to Prove Paternity to Get Child Support in Wisconsin?

By Carlos Gamino

Being a parent is hard – and it becomes even harder when you and your children’s other parent are splitting up. Whether you’re divorcing or breaking off a dating relationship, it’s important that you know Wisconsin holds both parents responsible for the care and well-being of children.

But does that mean you have to prove paternity to get child support in Wisconsin? Sometimes. Here’s what you need to know.

Do I Have to Prove Paternity to Get Child Support in Wisconsin?

If you and your child’s other parent were married at the time your child was born, the court assumes paternity. That means the court automatically considers your spouse to be the child’s father. You can ask the judge in your case to order the father to pay child support, even if your child and your ex have never participated in a paternity test.

However, if you and your child’s other parent were not married when your little one was born, you’ll have to establish paternity in order for the court. You can do that in one of two ways:

You can ask your child’s father to sign a statement that affirms that he’s the child’s biological father
You can ask the court to establish paternity by filing a petition with the county where the child lives.

Signing the statement is the simplest way to establish paternity. However, not all children’s fathers agree – and sometimes people don’t want to sign a statement acknowledging paternity. If that happens, you have the option to ask a judge to establish paternity.

Filing a Petition to Establish Paternity

If you file a petition to establish paternity, the judge in your case will fit you in on his or her calendar. You’ll all go to a hearing. Your child’s father has the right to ask for genetic testing.

Do You Need to Talk to a Lawyer About Paternity and Child Support?

If you’re not sure whether you should go to court or how you should handle your ex when it comes to child support, we’re here to help. Call us at 414-383-6700 now to talk to a caring, knowledgeable professional who can give you the guidance you need.

Carlos Gamino

By Carlos Gamino|2020-07-17T11:29:30-05:00September 28th, 2020|Family Law|Comments Off

How Serious is a Burglary Charge in Wisconsin?

By Attorney Carlos Gamino

Just how serious is a burglary charge in Wisconsin? Is it something you can brush off and go about your business?

The crime of burglary is always a felony in Wisconsin, unlike some other states (such as California, where it can be a misdemeanor or felony). It’s generally a Class F felony in Wisconsin, although it can be a Class E felony. Here’s what you need to know.

How Serious is a Burglary Charge in Wisconsin?

When you’re accused of burglary – or any crime, for that matter – it’s really important that you take your charges seriously. That’s because in Wisconsin, there are serious punishments in place for people who break the law. Even worse: Once the state convicts you of a crime, it goes on your permanent criminal record. There are some remedies for some people (such as expungement, which can clear your criminal record), but those options aren’t available to everyone.

When you have a criminal record, it’s going to come up in background checks. That means prospective employers and landlords will be able to see it – and so can the general public if someone runs a background check on you. You’ll also have to tell employers you’ve been convicted of a crime.

What Happens if You’re Convicted of Burglary?

Burglary charges are serious. If the state convicts you of burglary as a Class F felony, you could go to prison for up to 7 years and 6 months, and then serve an additional 5 years on extended supervision. The court can fine you up to $25,000, too. If you’re convicted of burglary as a Class E felony, you could spend up to 10 years in prison and do an additional 5 years on extended supervision, plus pay fines of up to $50,000.

What Should You Do if You Pick Up Burglary Charges?

You have the right to legal counsel, no matter what crime the state accuses you of committing. For many people accused of burglary, the best course of action is to call an attorney who can help. We’re available at 414-383-6700 whenever you need us. We’ll be happy to answer your questions during a free case review – and if we can help you, we’ll start building your defense right away.

Attorney Carlos Gamino

By Carlos Gamino|2020-07-17T11:24:22-05:00September 21st, 2020|Criminal Law|Comments Off

Is it Possible to Get Off Probation Early in Wisconsin?

Can You Get Off Probation Early in Wisconsin - Carlos Gamino

By Carlos Gamino

In Wisconsin, judges often have the option to sentence a person to probation rather than jail time. If you’re on probation, which is also called community supervision, you’ll have to meet with a probation agent on a regular basis, and you might have to meet other conditions, too. But can you get off probation early in Wisconsin? Here’s what you need to know.

Can You Get Off Probation Early in Wisconsin?

Not everyone can get off probation early. However, you might qualify if you:

Serve at least half your probation term
Have satisfied all the conditions of your probation that the judge ordered for you
Have satisfied all rules and conditions of your probation that the Department of Corrections has set forth
Fulfilled all your obligations to the victims, court and department of corrections – and that includes paying all fines, forfeitures, fees or surcharges, as well as any order of restitution
Do not have any outstanding warrants

What Kinds of Conditions Will You Have to Meet?

Every case is different, but you may have to do things like community service, attend a treatment or education group, or pay restitution. Your probation officer can answer questions about what you’re required to do if you’re not clear.

How Do You Get Off Probation Early in Wisconsin?

Talk to your probation agent about your situation. He or she will discuss all the requirements for getting off probation early and let you know where you stand. Not everyone can get off probation early.

Have You Been Accused of a Crime?

If you’ve been accused of committing a crime, you have the right to consult with an attorney. Your attorney can talk to you about possible penalties if you’re convicted, including jail time, probation and prison time, as well as answer all your questions about your specific case. He or she can also represent you in court and help ensure that you get the best possible outcome.

Call us at 414-383-6700 if you’ve been accused of a crime. We may be able to help you, regardless of whether you’re facing a misdemeanor, a municipal ticket or a felony.

Carlos Gamino

By Carlos Gamino|2020-07-17T10:27:46-05:00September 21st, 2020|Criminal Law|Comments Off

What Are Examples of Delinquent Acts in Wisconsin?

By Attorney Carlos Gamino

Kids under the age of 17 are considered juveniles in Wisconsin, but that doesn’t mean they’re always tried as juveniles. In fact, some kids in Wisconsin are tried as adults long before they reach the age of majority. But what are some examples of delinquent acts that could get a minor into trouble in Wisconsin?

Examples of Delinquent Acts in Wisconsin

Under Wisconsin law, nobody is allowed to contribute to the delinquency of a child – it’s a crime. The adult in that case can be charged with a misdemeanor or felony, depending on the circumstances.

But kids can, and do, commit crimes without an adult’s help. Some of the most common delinquent acts kids in Wisconsin commit include:

Truancy
Shoplifting
Simple battery

Here’s a closer look at each.

Truancy as a Delinquent Act

A lot of kids skip school from time to time – but the state can step in if skipping school becomes a habit rather than an isolated incident or two. (In fact, the state can even charge parents with a misdemeanor if a child is habitually truant.)

Shoplifting as a Delinquent Act

Juveniles sometimes shoplift for the thrill of it, because they’re pressured into doing so by their friends, or because they feel they need something that they or their family cannot afford. Regardless of the reason, shoplifting is one of the most common delinquent acts tried in courtrooms all across Wisconsin.

Simple Battery as a Delinquent Act

When juveniles fight, police can charge them with simple battery. That’s true even if nobody’s seriously (or even slightly) hurt.

There are a number of other delinquent acts, too, and many of them involve things like destruction of property, possession of marijuana and other violations of the law that seem to pale in comparison with the crimes that adults commit.

However, the problem isn’t just that the child can face long-lasting consequences. Parents in Wisconsin can be held liable, as well.

What if Your Child Gets Into Trouble?

If your child is accused of a crime, we may be able to help. Call us at 414-383-6700 to talk about your situation during a free consultation. We’ll answer all your questions and provide you with a path forward that gets your whole family the best possible outcome.

Attorney Carlos Gamino

By Carlos Gamino|2020-07-17T10:08:41-05:00September 15th, 2020|Criminal Law, Juvenile Law|Comments Off

What Questions Are on the Citizenship Test?

By Carlos Gamino

Becoming a naturalized American citizen is a big step – and it requires you to put in a bit of work. Before you can become a citizen of the U.S., you must establish lawful permanent residency; then, after filing a petition with the U.S. government, you’ll have to take the naturalization test.

What Questions Are on the Citizenship Test?

During your naturalization interview, you’ll have to answer questions about your application and background. You’ll also have to take an English and civics test (unless you qualify for an exemption). Your interviewer will ask you up to ten questions, and you must answer at least six of them correctly. The questions revolve around:

American government
American history
Integrated civics (things like geography, symbols and holidays)

Sample American Government Questions on the Citizenship Test

Your interviewer can ask you a number of questions regarding the U.S. government, such as:

What does the Constitution do?
What is an amendment?
What are the two parts of the U.S. Congress?
What is one responsibility that is only for United States Citizens?
What is the name of the Speaker of the House of Representatives now?

Sample American History Questions on the Citizenship Test

You might encounter some questions on American history, such as:

Who lived in America before the Europeans arrived?
What group of people was taken to America and sold as slaves?
There were 13 original states – name three.
What territory did the United States buy from France in 1803?
What did the Emancipation Proclamation do?
What did Susan B. Anthony do?

Sample Integrated Civics Questions on the Citizenship Test

There are a number of integrated civics questions your interviewer can ask you. You might hear some like these:

Name one of the two longest rivers in the United States.
Name one state that borders Canada.
Why does the flag have 13 stripes?
Name two national U.S. holidays.
When do we celebrate Independence Day?

Who Can Become a U.S. Citizen?

You can only qualify for naturalization – the process of an alien becoming a U.S. citizen – if you:

Have been a permanent resident in the U.S. for at least 5 years and meet all eligibility requirements
Are the spouse of a U.S. citizen and you have been a permanent resident in the U.S. for at least 3 years and meet all eligibility requirements
Have qualifying service in the U.S. Armed Forces and meet all eligibility requirements
Are the child of a U.S. citizen who was born outside the U.S. and meet all eligibility requirements

Do You Need an Immigration Attorney to Become a U.S. Citizen?

If you’re like many people, you’re more comfortable working with an immigration attorney as you file your naturalization paperwork and prepare for the process. We’d love to help you, so call us at 414-383-6700 today to speak with someone about your situation. Carlos Gamino

By Carlos Gamino|2020-07-17T11:20:23-05:00September 14th, 2020|Immigration Law|Comments Off

Is Burglary a Felony in Wisconsin?

By Attorney Carlos Gamino

If you’ve been accused of burglary, you could be facing serious penalties – especially if your alleged offense involved a weapon. But what makes a crime a burglary, and is it a felony or misdemeanor? Here’s what you need to know.

Is Burglary a Felony in Wisconsin?

Burglary is a Class F felony in Wisconsin, and as you probably already know, felonies come with more serious punishments than misdemeanors do. If the state convicts you of burglary, you’re facing up to 7 years and 6 months in prison, plus an additional 5 years of extended supervision. The court could even order you to pay a fine of up to $25,000.

If you’re armed at the time of the offense, or if a battery occurs during the commission of the burglary, you’re facing a Class E felony. Class E felonies carry even more severe penalties. You could spend 10 years in prison with another 5 years on extended supervision, and you could have to pay up to $50,000 in fines.

What is Burglary?

Burglary is different from what many people think. The state can convict you of it if you:

Intentionally enter a building
When you enter the building, you do so without consent from the person in lawful possession of the building
You know full well that you’re entering without consent
You enter the building with intent to steal or commit another felony

You don’t have to steal something to be convicted of felony burglary. In fact, you don’t even have to intend to steal something. If you go into a building without consent and with the intent to commit any other felony (even if you don’t pull it off), the state can convict you of burglary.

What to Do if You’re Accused of Felony Burglary

If you’re arrested for burglary, you probably want to talk to an attorney as soon as you can. Your lawyer will answer your questions and help you move forward, toward the best possible outcome.

Call us at 414-383-6700 now or get in touch with us online for your free consultation. You’ll talk to someone who can give you the guidance you need.

Attorney Carlos Gamino

By Carlos Gamino|2020-07-17T11:33:38-05:00September 7th, 2020|Criminal Law|Comments Off

What Happens if You Violate Probation in Wisconsin?

By Attorney Carlos Gamino

If you’re like many people, you’re counting yourself lucky for being sentenced to probation instead of jail time after a criminal conviction. Probation is different from extended supervision or parole; it’s a form of community supervision that doesn’t involve time behind bars (unless you already served it prior to sentencing). Although probation is a “win” for most people, its conditions can be pretty serious – and if you violate them, you’ll face serious consequences. So what happens if you violate probation in Wisconsin?

Here’s what you need to know.

What Happens if You Violate Probation in Wisconsin?

Your probation will come with conditions attached. You’ll have to see a probation agent periodically during the term of your sentence, you might have to perform community service or attend counseling, and you’ll almost certainly have to pay fines and fees associated with your offense. If you violate the conditions of your probation, the court can place you on a probation hold.

What is a Probation Hold?

If you violate a condition of your probation, you can be placed on probation hold. That means you’ll be taken to jail, and that’s where you’ll stay until the matter is resolved. Typically, there are only three ways to resolve a probation hold:

The police can release you, which they might do if your probation hold was just a mistake or you committed a minor violation that’s since been cleared up.
The judge in your case can give you an alternative to revoking your probation entirely. That might be something like staying in jail for a while, attending counseling or performing additional community service.
The judge can revoke your probation. If the judge revokes your probation, you’ll go to jail to serve out the rest of your sentence.

Did You Violate Probation?

If you’ve violated the conditions of your probation, we may be able to help you. Call us at 414-383-6700 to talk about your case – we’ll be happy to give you a free consultation and answer your questions.

Attorney Carlos Gamino

By Carlos Gamino|2020-07-17T10:18:46-05:00September 1st, 2020|Criminal Law|Comments Off

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