Carlos Gamino, Author at Gamino Law Offices, LLC

How to Get a Restraining Order in Wisconsin

Many people call our offices to ask how to get a restraining order in Wisconsin. The courts require you to follow a certain set of procedures before a judge will even look at your request. Here’s what you need to know.

How to Get a Restraining Order in Wisconsin

A restraining order is designed to protect someone from another person. It’s a court order that tells someone not to come near you, contact you or harass you. If the subject of the restraining order violates it – meaning he or she ignores what the order says and comes near you, contacts you or harasses you anyway – he or she is subject to serious criminal penalties.

There are three types of restraining orders:

72-hour no-contact orders. Usually, these types of restraining orders are automatic. The courts often issue them after domestic violence incidents.
Temporary restraining orders. Temporary restraining orders are only in place for a short time. They’re designed to give a person time to gather evidence to show the court that they need an injunction.
Injunctions. An injunction is a more permanent restraining order. These can last for up to 4 years, and if they expire, you can ask the court to issue another one.

So how do you get a restraining order? Many people ask an attorney for help. Your attorney can file a petition with the court to help you get a temporary restraining order, or TRO. The judge assigned to your case will look at your evidence and determine whether it seems like you need a restraining order; if the judge believes you need protection, he or she will issue the TRO and you’ll get a court date to come back within 14 days.

When you return to court, your attorney can present evidence that you need protection of a more permanent nature – and the judge will decide whether to issue a restraining order in your case.

Do You Need Help or More Information on How to Get a Restraining Order in Wisconsin?

If you need help getting a restraining order – or if you’re not sure how the process works and you still need to know how to get a restraining order in Wisconsin, we may be able to help you. Call us at 414-383-6700 today or contact us online.

Carlos Gamino

By Carlos Gamino|2020-02-16T12:16:04-06:00March 12th, 2020|Criminal Law, Family Law|Comments Off

What Does it Mean if You’re Party to a Crime in Wisconsin?

By Carlos Gamino

The state of Wisconsin can charge you with being a party to a crime – commonly called PTAC – if you have anything to do with someone else committing a crime. Here’s what you need to know.

What Does it Mean if You’re Party to a Crime in Wisconsin?

Legally, the state can charge you as a party to a crime when you didn’t directly commit the crime – and even when the person who did directly commit the crime hasn’t been convicted (or has been convicted of some other crime based on the same act). If you “aid and abet” someone in committing a crime, which really just means you helped in some way, the state can charge you as a party to a crime, too. Finally, if you hire someone to commit a crime, give someone advice on committing a crime or otherwise help another person commit a crime, the state can charge you.

Related: Felonies in Wisconsin

Examples of Being Party to a Crime

If you’re not sure what being a party to a crime in Wisconsin looks like, check out these examples:

Your friend robs a bank and you serve as the “lookout.” You can be charged and convicted.
You agree to rob a bank with your friends and you help plan it, but you don’t go through with the actual robbery and your friends do. You can be charged and convicted.
Your friends rob a bank and you provide the bags they use to carry out the money, their masks and their weapons – and you knew that they were using these things for a bank robbery. You can be charged and convicted.

Related: Misdemeanors in Wisconsin

Consequences of Being Party to a Crime

If you’re convicted of being party to a crime, it’s like you committed the crime yourself. You could be looking at misdemeanor or felony charges – and you may want to talk to a criminal lawyer about your case.

Do You Need Legal Advice on Being Party to a Crime?

If you’ve been accused of being party to a crime in Wisconsin, we may be able to help you. Call us at 414-383-6700 now or contact us online – we’ll be happy to provide you with a free consultation.

Carlos Gamino

By Carlos Gamino|2020-02-16T13:11:19-06:00March 8th, 2020|Criminal Law|Comments Off

What You Need to Know About Hit and Run in Wisconsin

Hit and Run in Wisconsin - Carlos Gamino

By Carlos Gamino

A hit and run conviction is serious – and you could end up spending time in prison over it. For most people charged with hit and run in Wisconsin, it’s a good idea to talk to an attorney who can develop a strategy that gets the best possible outcome.

What is Hit and Run in Wisconsin?

In the state of Wisconsin, a jury can convict you of hit and run if you:

Operated a vehicle involved in an accident on a highway
Knew the vehicle you operated was involved in an accident that involved a person or an attended vehicle
Had an accident that resulted in someone’s injury or death, or damage to a vehicle
Didn’t stop immediately at the scene of the accident (or return to it as soon as possible) and stay until you gave your name, address, and registration number to the injured party or showed your driver’s license to the injured party, or rendered assistance, or until the authorities arrived

What Are the Penalties for Hit and Run in Wisconsin?

If a jury convicts you of hit and run, you’re facing serious consequences. However, the consequences depend on the injuries the hit and run caused. For example, if your accident caused:

Injury, but not great bodily harm, you could go to jail for up to 9 months and pay fines of up to $10,000
Great bodily harm, you could go to prison for up to 15 years and pay fines of up to $50,000
Death, you could go to prison for up to 25 years and pay fines of up to $100,000

This is why most people choose to consult with a criminal defense attorney after being charged with hit and run.

Do You Need Legal Advice About Hit and Run Charges in Wisconsin?

If you need legal advice, contact us online or you can call us at 414-383-6700 for your free consultation. We help people involved in hit and run accidents, drunk driving, and many other vehicle-related crimes, so call us today and find out how we can help you, too.

Carlos Gamino

By Carlos Gamino|2020-02-16T11:58:22-06:00March 6th, 2020|Criminal Law, Traffic Offenses|Comments Off

The Basics of Bail Jumping in Wisconsin

Bail Jumping in Wisconsin - Carlos Gamino

By Carlos Gamino

If you’re charged with any crime in Wisconsin, the court can charge you with bail jumping if you intentionally fail to comply with the terms of your bond. Here’s what you need to know about bail jumping and Wisconsin law.

What is Bail Jumping in Wisconsin, and How Do You Get This Type of Charge?

The state can charge you with bail jumping if you intentionally fail to comply with the terms of your bond. Here’s what happens: When you’re arrested, the court sets your bail amount and the conditions of your bond, which means you must pay a certain amount of money and agree to do (or not do) certain things as a condition of your release from jail.

If you’re able to pay the bail amount the court requires, and if you agree to the terms of your bond, you can get out of jail. But there’s a catch: If you violate the conditions, you’ll go straight back to jail – and you’ll pick up a bail jumping charge.

Bond conditions always say that you must not commit any other crimes while you’re out of jail. Beyond that, the judge in your case might impose other restrictions. For example, if you were caught driving under the influence, you won’t be allowed to drive while you’re out – and you must stay sober, too. Likewise, if you were charged with a violent crime, the court may say that you can’t possess any dangerous weapons. If you’re out on bond and you’re caught doing something you’re not supposed to do (like drinking or carrying a gun), the state can charge you with bail jumping.

Consequences of Bail Jumping

Bail jumping can be a misdemeanor or a felony. If you were initially charged with a misdemeanor, your bail jumping charge will most likely be a misdemeanor. If you were initially charged with a felony, your bail jumping charge will most likely be a felony.

Do You Need Help With a Bail Jumping Charge?

If you need help with a bail jumping charge in Wisconsin, we’re here for you. Call us at 414-383-6700 or contact us online to learn about your options and to find out how we can help you.

Carlos Gamino

By Carlos Gamino|2020-02-16T12:07:23-06:00March 4th, 2020|Criminal Law|Comments Off

The Asylum Process in the United States

By Carlos Gamino

The U.S.’s asylum process can be complicated – and many people end up working with an attorney to ask for safe haven within the country. Asylum is only available to people who are being persecuted (or who are in danger of being persecuted) in their home countries, so here’s what you need to know if you’re considering it.

The Asylum Process in the United States

If you want to obtain asylum in the U.S., you must present yourself to immigration authorities and claim a credible fear of persecution based on:

Religion
Race
Nationality
Political opinion
Membership in a social group

You must have a valid fear or past experience with persecution in your home country. Otherwise, your petition for asylum will be denied.

What is Persecution for Purposes of Asylum in the U.S.?

Persecution can fall into several categories, including discrimination, physical abuse, harassment, unjust arrest or imprisonment, or another type of harm. However, the U.S. will only grant you asylum if the persecution you experienced is due to one of the five factors listed above. The persecution can’t be from just anyone, either – it must come from your home country’s government or from forces that your government can’t control, like guerrilla groups.

The Asylum Interview

U.S. Customs and Immigration Services will require you to come in for an interview if you’re asking for asylum in the United States. You’ll have to talk about all the facts you listed in your asylum application to prove that you have a credible, well-founded fear of persecution (or that you’ve been persecuted in the past). After your interview – but not on the same day – the U.S. government will make a decision about your application.

Are There Alternatives to Asylum?

If you’re outside the U.S., you won’t apply for asylum. Instead, you’ll ask for refugee status. You must meet the same criteria for persecution that you would to become an asylee.

Related: Asylum vs. refugee status

There are other alternatives, though. If you cannot prove a well-founded fear of persecution or show that you’ve been persecuted in the past (and that your persecution is likely to continue), there may be other ways for you to enter the United States lawfully.

If you’re considering immigrating to the U.S. for any reason, we may be able to help you. Call us at 414-383-6700 to schedule your immigration consultation today, or contact us online.

Carlos Gamino

By Carlos Gamino|2020-02-16T12:32:02-06:00March 2nd, 2020|Immigration Law|Comments Off

What is a Deferred Prosecution Agreement in Wisconsin?

By Carlos Gamino

Some people can get deferred prosecution agreements, or DPAs, in Wisconsin. Under Wisconsin law, these types of agreements let a person to enter into an agreement with the court to get him- or herself reduced charges or a complete dismissal of the charges.

Here’s how they work.

What is a Deferred Prosecution Agreement in Wisconsin?

A deferred prosecution agreement is an agreement between a person who’s facing criminal charges and the court. It allows the person facing the charges to complete certain actions or fulfill certain conditions in exchange for reduced charges or dismissal.

Sometimes the terms of a DPA include things like:

Requirements that you complete alcohol or drug abuse counseling
Provide negative drug screens
Complete community service
Pay victims restitution

Who’s Eligible for Deferred Prosecution Agreements?

Not everyone is eligible for a deferred prosecution agreement. Usually, an offender must have a limited criminal record and must accept responsibility for the offense in order to qualify. If a DPA is something you’re interested in, talk to your criminal defense attorney – it might be possible in your case.

Should You Take a Deferred Prosecution Agreement?

If you’re offered a DPA, you’ll probably be required to admit guilt to the offense you’re accused of committing. You do not have to accept a DPA – but it can be beneficial in some cases. However, remember that if you do accept a deferred prosecution agreement: You

Waive your right to challenge the case
Can’t file any motions to suppress evidence or statements
Give up your right to a trial

On the other side of the coin, you will either have your charges reduced or your case will be dismissed (as long as you complete the terms of your agreement).

What if You Don’t Complete the Terms of the DPA?

If you fail to complete the terms of the DPA, the court will revoke it – and you’ll be sentenced on the original charge you had when you entered into the agreement.

Do You Need Legal Advice on Deferred Prosecution Agreements?

If you’ve been accused of a crime in Wisconsin – any crime – we may be able to help you. Call us right away at 414-383-6700 to get the legal help you need, or contact us online.

Carlos Gamino

By Carlos Gamino|2020-02-16T12:11:58-06:00March 2nd, 2020|Criminal Law|Comments Off

Felon in Possession of a Firearm Charges in Wisconsin

By Carlos Gamino

In Wisconsin, felons are not allowed to possess firearms – in fact, it’s a crime. Being a felon in possession of a firearm is a Class G felony, which results in prison time after a conviction.

Here’s what you need to know.

Felon in Possession of a Firearm Charges in Wisconsin

Possessing a firearm when you’re a felon is against the law in Wisconsin. If you’re a felon, you can’t knowingly have a firearm in your possession. There are two types of possession: actual and constructive.

What is Actual Possession?

Actual possession means having a firearm in your hand. It even counts if someone has a firearm and asks you to hold it – you then become a felon in actual possession of a firearm.

What is Constructive Possession of a Firearm?

Constructive possession of a firearm means having control over an area that has a firearm in it, when you intend to exercise control over the firearm as well. For example, if you know there’s a firearm in the trunk of a car or in a room you’re sitting in and you intend to actually possess the firearm, the state can charge you as a felon in possession.

Who Isn’t Allowed to Possess a Firearm in Wisconsin?

If you’ve been convicted of a felony, you cannot possess a firearm in Wisconsin. That holds true even if you were convicted of a felony in another state – if the crime would be a felony in Wisconsin, it counts. You also may not possess a firearm if you were:

Found not guilty of a felony in Wisconsin by reason of a mental disease or defect
Found not guilty or not responsible for a crime in another state that would be a felony in Wisconsin by reason of insanity, mental disease, mental defect or mental illness
Committed for treatment and ordered not to possess a firearm
Otherwise ordered not to possess a firearm by a court

Do You Need to Talk to a Lawyer About Being a Felon in Possession of a Firearm?

If you’re accused of being a felon in possession of a firearm, we may be able to help you get the best possible outcome. Contact us online or call us at 414-383-6700 to find out what we can do for you – we’ll be happy to answer your questions and provide you with legal guidance during a free consultation.

Carlos Gamino

By Carlos Gamino|2020-02-16T11:53:49-06:00March 2nd, 2020|Criminal Law|Comments Off

Wisconsin Probation Rules

By Carlos Gamino

If you’re on probation, the judge in your case has most likely given you a set of rules you must follow to stay out of jail. But what are the most common Wisconsin probation rules, and what happens if you violate them?

Common Wisconsin Probation Rules

In Wisconsin, judges can offer some criminal defendants probation instead of a jail sentence. Judges are allowed to decide that a person is safe to release back into the community – particularly when the person is found guilty of a lower-level crime that doesn’t involve violence.

When a judge decides to let someone serve a probation sentence instead of time behind bars, the judge typically creates a set of rules and conditions that the person must meet. If the person who’s on probation – the probationer – doesn’t follow the rules or meet the conditions, he or she can be sent to jail. Usually, in cases like that, the person serves the sentence they would’ve served if not for probation.

Let’s say a conviction usually results in a 9-month jail sentence but a judge gives you probation instead. If you violate your probation, you’ll go to jail and serve that 9-month sentence behind bars rather than out in the community.

The most common probation rules include:

Staying out of legal trouble. If you commit another crime while you’re on probation, you can expect to go to jail – and you can expect the judge to prosecute you to the full extent of the law for the new crime, too.
Checking in with a probation officer. You’ll most likely have to check in with a probation officer from time to time while you’re serving your sentence. The probation officer will need to know where you live, what you’re doing for work, and whether you’re doing drugs or drinking when you aren’t supposed to be.
Steering clear of drugs and alcohol. You may even have to take regular drug tests (and pass them) when you’re on probation.
Going to alcohol or drug counseling, or taking part in another type of counseling. Depending on the type of crime you originally committed, the judge may sentence you to counseling to seek help.
Completing community service. Sometimes judges order a person to complete a certain number of hours of community service in conjunction with probation.

Were You Accused of Violating Wisconsin Probation Rules?

If you’ve been accused of violating your probation, you may want to talk to an attorney. You could end up going back to jail and serving a full sentence behind bars. Contact us online or call us right away at 414-383-6700 for a free case review. We’ll answer your questions and start learning about your case so we can get you the best possible outcome.

Carlos Gamino

By Carlos Gamino|2020-02-16T11:38:33-06:00March 1st, 2020|Criminal Law|Comments Off

Medical Power of Attorney in Wisconsin

By Carlos Gamino

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

Medical Power of Attorney in Wisconsin

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

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

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

Some things you may want to consider include:

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

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

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

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

Carlos Gamino

By Carlos Gamino|2020-02-16T13:04:33-06:00February 6th, 2020|Family Law|Comments Off

About Wisconsin Burglary Sentences

Wisconsin Burglary Sentence - Carlos Gamino

By Carlos Gamino

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

Here’s what you need to know.

Wisconsin Burglary Sentences

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

About Burglary

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

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

Proving Intent in Burglary

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

What Makes a Burglary a Class E Felony?

Burglary becomes a Class E felony when:

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

Can You Avoid Going to Prison for Burglary in Wisconsin?

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

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

Carlos Gamino

By Carlos Gamino|2020-02-16T13:13:15-06:00January 28th, 2020|Criminal Law|Comments Off

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About Carlos Gamino