Carlos Gamino, Author at Gamino Law Offices, LLC

Drinking and Boating in Wisconsin: What You Need to Know

Is drinking and boating illegal in Wisconsin?

Absolutely – and the penalties if you’re caught and convicted can be extremely harsh. The state considers drinking and boating such a serious crime because of the potential for someone to get hurt. It’s not uncommon for inebriated boaters to crash into other boats, slam into swimmers or hurt themselves out on the water, so the state created a serious set of penalties.

Drinking and Boating in Wisconsin: What You Need to Know

Wisconsin law prohibits anyone from operating a motorboat or waterskiing (or using other, similar devices on the water) if they’re under the influence of alcohol or drugs. The bottom line is that if you’re caught – and many people are – you could end up spending time in prison.

Drinking and Boating: Implied Consent

Any time you operate, or even attempt to operate, a watercraft or other vessel on Wisconsin’s waterways, you’ve given your implied consent to an alcohol or drug test. What that means is that if you try to operate a watercraft, you’re telling the police that you’ll submit to testing if they think you’re under the influence.

If your blood alcohol concentration is 0.08 percent or greater, or if you’re under the influence of an intoxicant or controlled substance, it’s illegal for you to:

Operate a motorboat
Use waterskis
Use a surfboard
Use a tube
Use another type of device

If you’re caught drinking and boating, you can face the same penalties you would face if you were operating a motor vehicle in the same conditions. You could end up going to jail, paying fines, and having your boat impounded.

Do You Need to Talk to a Lawyer in Milwaukee About Drinking and Boating Charges?

If you’ve been charged with BUI, which stands for boating under the influence, we may be able to help you. Call us right away at 414-383-6700 or get in touch with our BUI lawyers online. We’ll answer your questions and help you start moving forward.

Carlos Gamino

By Carlos Gamino|2019-11-27T21:50:13-06:00November 27th, 2019|Criminal Law, Traffic Offenses|0 Comments

Could You Pass the U.S. Naturalization Test?

By Carlos Gamino

When eligible green card holders want to become naturalized U.S. citizens, they have to take the naturalization test. While the entire test features 100 civics-related questions, people are asked up to 10 of them and must answer six of them correctly in order to pass.

The overall national pass rate is 90 percent – but could you do it?

A recent study found that only one in three Americans would pass the multiple-choice test. In the study, researchers discovered that only 13 percent of people surveyed knew when the U.S. Constitution was ratified, and only 40 percent knew which countries the U.S. fought against in World War II.

Some of the questions are fairly easy – if you’ve lived here your whole life. For example, you might see:

We elect a president for how many years?
Who is in charge of the executive branch?
Which war wasn’t fought by the United States in the 1900s?

Sure, you can answer these: 4, the president, and the Global War on Terror.

But could you answer some of the toughest questions? According to a 2011 study, these are the five hardest.

1. How many amendments does the Constitution have?

A. 14
B. 21
C. 25
D. 27

2. Which of these is something Benjamin Franklin is known for?

A. He was the first person to sign the Constitution
B. He discovered electricity
C. He was the nation’s first Postmaster General
D. He was the nation’s second president

3. Who was president during World War I?

A. Woodrow Wilson
B. Warren Harding
C. Calvin Coolidge
D. Franklin D. Roosevelt

4. Which statement correctly describes the “rule of law”?

A. The law is what the president says it is
B. The people who enforce the laws do not have to follow them
C. No one is above the law
D. Judges can rewrite laws they disagree with

5. Under the Constitution, which of these powers does not belong to the federal government?

A. Ratify amendments to the Constitution
B. Print money
C. Declare war
D. Make treaties with foreign powers

Answers

1. D
2. C
3. A
4. C
5. A

How did you do? Did you get all five correct?

People who want to become naturalized U.S. citizens have to answer at least six out of ten questions correctly. If someone fails the test twice, they must apply to retake it and pay the filing fee again.

Are You Thinking of Immigrating to the U.S.?

If you’re interested in immigrating to the U.S., we may be able to help you. Call us at 414-383-6700 to schedule your consultation with an immigration attorney in Milwaukee. We can answer your questions about asylum, citizenship, family sponsored visas (and other types of visas) and even deportation defense.

Carlos Gamino

By Carlos Gamino|2019-11-27T21:47:28-06:00November 27th, 2019|Immigration Law|0 Comments

Do You Have Rights When You’re Pulled Over by Police?

What Are Your Rights When Pulled Over by the Police - Carlos Gamino

By Carlos Gamino

Many people aren’t sure about their rights when they’re pulled over by police. However, you do have rights – and it’s up to you to decide whether to exercise them. If you believe police violated your rights and then charged you with a crime, you may want to talk to a criminal defense attorney in Milwaukee immediately.

What Are Your Rights When Pulled Over by the Police?

When you’re pulled over by police, the U.S. Constitution guarantees you certain rights. That’s true whether you’re the driver or the passenger. You have these rights even if you’re not a U.S. citizen or you’re here without the proper documentation.

You have the right to remain silent, and if you’re a passenger, you have the right to ask if you’re free to leave.

Your Right to Remain Silent

Most traffic stops are pretty routine, though, and often result in a ticket or a warning. Police may pull you over because they suspect you’ve committed an actual crime (rather than a traffic violation, like failing to use your turn signal), or they may suspect you’ve committed a crime (or you’re in the process of committing a crime) after they stop you for something else.

You don’t have to say anything. However, if you do choose to exercise your right to remain silent, you do have to let police know verbally. You can say, “I want to use my right to remain silent.”

If you’re pulled over, your best bet is to:

Stay calm
Keep your hands on the steering wheel
Don’t reach for your ID or any of your documentation until the police officer says it’s okay to do so
Be respectful, even if you’re only telling the police that you want to use your right to remain silent

You can always answer the officer’s questions if you choose to, though. Just be careful not to admit guilt. For example, if the police officer asks, “Do you know why I pulled you over?” you can say, “Can you tell me?” If the police officer says, “I clocked you doing 50 in a 40 mile-per-hour zone,” you should say, “I see,” or “I understand.”

Your Right to Ask if You’re Free to Leave

If you’re the passenger in a vehicle and the driver is pulled over, you can ask the police if you’re free to leave. As long as police aren’t arresting you, you have the right to leave – and you should absolutely do so silently.

Do You Need to Talk to a Lawyer About a Violation of Your Rights or Being Charged With a Crime?

If you believe police pulled you over and illegally obtained evidence to charge you with a crime, we may be able to help you.

Call us at 414-383-6700 to tell us about your situation. We’ll ask you some questions (and answer yours), and if you’ve been charged with a crime, we can build a defense that gets you the best possible outcome.

Carlos Gamino

By Carlos Gamino|2019-11-27T21:35:32-06:00November 27th, 2019|Criminal Law, Traffic Offenses|0 Comments

Child Placement Laws in Wisconsin

By Carlos Gamino

Child custody and placement are two of the most disputed parts of divorce. It can be tough for parents who both want the best for their children to see eye-to-eye, particularly after a break-up. But having knowledge of child placement laws in Wisconsin can help you determine what’s right for your kids – and what a judge is likely to sign off on when you submit a plan to the court.

Child Placement Laws in Wisconsin: What You Need to Know

Physical placement refers to the time that your children are in each parent’s care. When the children are with you, you have the right to make routine decisions about their care. Likewise, when they’re with their other parent, he or she has the right to make those decisions.

Most court orders outline the placement schedule between the parents so there’s not much room for confusion about where the kids are (and when they switch from one parent’s house to another).

Do Parents Have to Have Equal Placement?

In Wisconsin, the law says that kids should have a schedule that gives them plenty of time with each parent. The placement doesn’t have to be 50-50. In fact, it just needs to maximize the time the kids will have with each parent and make sure the time they spend with each parent is regularly occurring and meaningful.

It’s in your best interest to reach an agreement with your children’s other parent. If you don’t, the courts will have to rule for you. And while judges do their best to remain fair and impartial while putting the kids’ needs first, nobody knows your family – or what works for them – like you do.

Some of the factors the judge will consider if he or she must rule on placement include:

Availability of child care
Communication and cooperation between the parents
Each parent’s availability to care for the kids
Past parenting time
The child’s adjustment
The child’s family and other significant relationships
The needs and wishes of the children
What the parents want
Whether each parent is supportive or interferes in the other parent’s relationship with the children

Do You Need to Talk to a Lawyer About Child Placement Laws in Wisconsin?

If you need to talk to a Milwaukee child custody lawyer about placement, we may be able to help you. Call us at 414-383-6700 to learn more.

Carlos Gamino

By Carlos Gamino|2019-11-27T21:32:33-06:00November 27th, 2019|Family Law|0 Comments

What if You’re Caught Illegally Carrying a Concealed Weapon in Milwaukee?

By Carlos Gamino

In the state of Wisconsin, you can’t conceal a weapon when you’re carrying it unless you have a valid concealed carry permit.

But many people carry concealed weapons illegally – and man are caught.

If that happens to you, what should you do? Here’s what you need to know.

What if You’re Caught Illegally Carrying a Concealed Weapon in Milwaukee?

Wisconsin is an open carry state, which means you can carry some types of weapons without having a license to do so. If you intend to have your weapon concealed, you have to have the right type of permit – otherwise, it has to be in the open, where people can see it.

You cannot have explosive devices or anything intended to disable people with substances other than oleoresin of capsicum (which is commonly called pepper spray). You also can’t have a machine gun (a weapon that will deliver more than one bullet with a single trigger squeeze), and you can’t weaponize a drone.

If you’re caught illegally carrying a concealed weapon in Milwaukee, Waukesha or any other community in Wisconsin, you could be facing a Class A misdemeanor.

What is a “Concealed” Weapon?

It’s important to distinguish what counts as “concealed” so you know exactly what you’re dealing with. Under Wisconsin law, a weapon can be considered concealed if your shirt covers the holster at your waist, if it’s in your purse or glove box, or if it’s not completely visible to the people around you but you can reach it.

What Are the Penalties for Illegally Carrying a Concealed Weapon?

If the court finds you guilty of illegally carrying a concealed weapon, you could spend up to 9 months in jail. The judge could also order you to pay fines up to $10,000. A weapons-related conviction can have a serious impact on your future ability to get a job or find a place to live, which is tough on your family, too.

Charged With Illegally Carrying a Concealed Weapon in Milwaukee?

If you’ve been charged with illegally carrying a concealed weapon in Milwaukee or in a nearby city, we may be able to help you.

Call us at 414-383-6700 right now or contact us online to schedule your free consultation with a criminal defense attorney. We’ll work hard to preserve your rights and help you get the best possible outcome.

Carlos Gamino

By Carlos Gamino|2019-11-27T21:29:50-06:00November 27th, 2019|Criminal Law|0 Comments

Asylum vs. Refugee Status

By Carlos Gamino

When people want to come to the U.S. to escape persecution in another country, they can apply for asylum or refugee status.

But what are the differences between the two?

Here’s what you need to know.

Asylum vs. Refugee Status

Basically, asylum and refugee status are the same – but there’s one major difference, and it lies in where you asked to enter the U.S. for protection.

Asylum

You can apply for protection in the U.S. under asylum laws if you meet the definition of a refugee and you’re already in the United States. You can ask for asylum no matter where you’re from, and regardless of your current immigration status. In fact, you have up to one year after arriving in the U.S. to ask for asylum in most cases.

Refugee Status

You can apply for protection in the U.S. under refugee laws if you meet the definition of a refugee and you’re of “special humanitarian concern to the United States.” You can ask for refugee status when you’re outside your country but not in the U.S. (If you’re in the U.S., you’ll ask for asylum.)

What’s the Definition of a Refugee?

A refugee is a person who has been persecuted in his or her country or has a credible fear that they will be persecuted because of:

Race
Religion
Nationality
Membership in a particular social group
A particular political opinion

A person’s eligible family members can typically be allowed into the U.S. with the refugee or asylee, but every case is different, and you must apply for permission to bring or include your family on your petition.

Do You Need to Talk to a Milwaukee Immigration Attorney?

If you need to talk to a Milwaukee immigration attorney, we may be able to help you. Our lawyers can answer your questions and help you with asylum or refugee status, removal proceedings and immigrant visas, as well as a wide range of other immigration issues. Call us at 414-383-6700 to schedule your consultation today.

Carlos Gamino

By Carlos Gamino|2019-11-27T21:26:23-06:00November 27th, 2019|Immigration Law|0 Comments

Drug Possession Charges in Milwaukee

By Carlos Gamino

If you’re like many people who are arrested for drug possession in Milwaukee – especially if this is the first time this has happened to you – you aren’t quite sure what will happen (or what you should do) next. Will you go to jail? Will you lose your job? You probably have several other questions, too.

For most people, the best choice is to call a Milwaukee drug possession defense lawyer as soon as possible. Your attorney can give you case-specific advice and tell you about possible outcomes for your case, as well answer all of your questions.

What Happens After You’re Arrested for Drug Possession?

After police arrest you for drug possession in Milwaukee or a suburb, they’ll most likely take you to jail to be “booked.” That’s where they gather information on you, like your name and date of birth, and they’ll take your fingerprints and a photo.

Related: Busted: I got caught with drugs

Police or other investigators might try to ask you questions during the time you spend in jail. They might even tell you that if you cooperate with them and tell them the truth about why you had the drugs, or what you were going to do with the drugs, that the judge will “go easy” on you – or that they’ll let you go.

Don’t fall into the trap. Do not try to explain yourself to the police at all. Simply let them know you need to talk to a lawyer before you can talk to them. That’s because our jails and prisons are filled with innocent people – people who thought they could explain themselves to the police and everything would be fine.

Wait until you get guidance from your attorney before you talk to police. We can’t stress this enough.

When the court can put you on its calendar, you’ll appear before a judge. At that hearing, which is called your arraignment, the judge will formally charge you with a crime. You’ll have the opportunity to plead guilty or not guilty to the crime at that time – and hopefully you will have contacted an attorney who is there with you during the hearing. Your attorney can tell the judge whether you’re pleading guilty or not guilty (after he or she has had a chance to evaluate your case and figure out the course of action likely to get you the best possible outcome).

If you end up going to trial, your lawyer will represent you there, too.

Do You Need to Talk to a Lawyer About Drug Possession Charges in Milwaukee?

If you’ve been arrested for possession of a Schedule I or Schedule II drug, illegal possession of prescription drugs or possession of controlled substances, we may be able to help you.

Call us right now at 414-383-6700 for a free consultation with an experienced lawyer today. We’ll do what it takes to get you the best possible outcome.

Carlos Gamino

By Carlos Gamino|2019-11-27T21:21:20-06:00November 27th, 2019|Criminal Law|0 Comments

What is Collaborative Divorce?

By Carlos Gamino

Divorce can be time-consuming, exhausting and expensive – but sometimes people choose collaborative divorce, which can be simpler and easier.

What is Collaborative Divorce?

Collaborative divorce is an option for couples who can work out a divorce settlement on their own (or with the use of a mediator), but still need the legal protections available when working with a divorce attorney. A collaborative divorce requires the couple to be able to negotiate and maintain a functional relationship, though, which means it’s not right for everyone.

Collaborative Divorce: Looking for a Win-Win

One of the reasons many people choose collaborative divorce is that they want a win-win outcome rather than a win-lose outcome. That means they want to walk away from the process feeling as if they’ve both won and they’re reasonably satisfied with the outcome, rather than someone “winning” and someone “losing.”

What About Court?

If the process breaks down and the parties have to go to court, where a judge will decide the outcome of the case (including on important matters like custody and spousal maintenance), most people feel as if they’ve lost something. And while judges do their best to remain fair and impartial, they don’t know your family like you do – which means you and your soon-to-be ex-spouse are the best-qualified people to make decisions that will affect the rest of your (and your children’s) lives.

Do You Need to Talk to a Lawyer About Collaborative Divorce?

When you’re considering divorce, collaboration with your spouse may be the best option for you. Call us right now at 414-383-6700 to schedule a consultation with an experienced Milwaukee divorce attorney to learn about your options.

Carlos Gamino

By Carlos Gamino|2019-11-27T21:16:08-06:00November 27th, 2019|Family Law|0 Comments

Schedule I Drug Offenses in Milwaukee Wisconsin

Schedule I Drug Offenses in Milwaukee - Carlos Gamino

By Carlos Gamino

In the state of Wisconsin, possession of a Schedule I drug is illegal. These drugs are considered narcotics, and they include:

Synthetic opiates
Hallucinogenic substances
Heroin
LSD
MDMA (Ecstasy)
Mescaline
Synthetic marijuana (such as Spice and K2)
Psilocybin
Methaqualone (Quaalude)
GHB
Khat
Bath salts

What if You’re Accused of a Schedule I Drug Offense?

If you’re accused of a Schedule I drug offense, you could be looking at a felony – and a mandatory driver’s license suspension, too. It’s important that you contact a Milwaukee drug crime defense attorney as soon as you can (preferably before you answer any questions the police ask you).

You can ask your attorney any questions you have, and he or she will explain what happens between your arrest and the final outcome through the courts.

Penalty Enhancers for Schedule I Drug Crimes

If you have ever been convicted of a narcotics offense before, you’re subject to “penalty enhancers.” These are supposed to be deterrents – punishments that stop people from committing the same crime twice. You’re subject to penalty enhancers if your crime has to do with distribution, delivery or possession with intent to deliver when the offense occurs in a housing project or within 1,000 feet of a:

Correctional facility
Jail
Park
Public swimming pool
School
School bus
Youth or community center

The penalty enhancers, if you’re convicted of the same crime two or more times, include a substantial increase in prison time. For a Class C or Class D felony, the judge could sentence you to up to 6 additional years imprisonment; for a Class E, F, G, H or I felony, the judge could sentence you to up to 4 additional years imprisonment.

If it’s a location-based penalty enhancer, the court can increase your term of imprisonment by up to 5 years. The court can order up to 100 hours of community service for certain offenses, too.

About the Required Driver’s License Suspension

The judge in your case – and in all drug cases – will be required by law to suspend your driver’s license if you’re convicted of a Schedule I drug offense. How long it lasts is up to the court, but the judge must suspend your license for at least 6 months (and he or she can suspend it for up to 5 years).

Do You Need to Talk to a Lawyer About Schedule I Drug Crimes?

If you’ve been accused of a Schedule I drug offense, we may be able to help you. Call us right away at 414-383-6700 for a free consultation with an experienced, knowledgeable and understanding attorney right now.

Carlos Gamino

By Carlos Gamino|2019-11-27T21:12:10-06:00November 27th, 2019|Criminal Law|0 Comments

3 Current Immigration Myths, Debunked

3 Current Myths About Mexican Immigration, Debunked - Carlos Gamino

By Carlos Gamino

What’s really happening south of the U.S.-Mexico border? The internet is full of myths and half-truths, and it can be pretty confusing when both sides of the broader debate have an agenda.

Here are three current immigration myths, debunked.

3 Current Myths About Mexican Immigration, Debunked

The most common myths floating around (right now, anyway) include:

Mexico isn’t doing anything about Central American migrants.
Most immigrants crossing the U.S. border are Mexican.
Most illegal immigration in the U.S. is caused by people coming over the southern border.

Let’s look more closely at each of these.

Myth #1: Mexico isn’t doing anything about Central American migrants.

Truth: Mexico has been deporting a rising number of people from its own country in recent months. In fact, the Mexican government has made several efforts to step up immigration enforcement at its own borders. They’ve deported nearly 81,000 people since last December, which is a 33 percent increase in the number of people the country had deported in the previous 6 months.

Myth #2. Most immigrants crossing the U.S. border are Mexican.

Truth: The majority of people caught crossing the U.S. border without proper documentation are Central American. (And no, they’re not from “Mexican countries.”) Net migration from Mexico has actually slowed down a lot – more Mexicans are leaving the U.S. than are coming in.

Related: Hiring an immigration lawyer

Myth #3. Most illegal immigration in the U.S. is caused by people coming over the southern border.

Truth: The borders aren’t the problem here. Most undocumented immigrants don’t make the dangerous trek across rugged terrain – although they’re the ones you see on the news. The majority of undocumented immigrants in the U.S. right now actually came here by air on legal visas, and then overstayed those visas. In fact, in 2017, about 700,000 travelers to the U.S. stayed long past their visa expiration dates. (In that same year, there were about 300,000 apprehensions at the border – and that’s the lowest number since 1971.)

Related: What is a U.S. visa?

Do You Need to Talk to an Attorney About Immigration?

You should never take your chances by overstaying a visa or by crossing a border illegally – the penalties for doing so are harsh and can include a ban on reentering the United States in the future.

If you want to immigrate to the United States, we may be able to help you. Call our experienced Milwaukee immigration attorneys at 414-383-6700 to schedule a consultation now. We can answer your questions and help you get on the right path to American citizenship.

Carlos Gamino

By Carlos Gamino|2019-11-27T21:08:08-06:00November 27th, 2019|Immigration Law|0 Comments

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