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About Carlos Gamino

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

What is an Ignition Interlock Device?

By Carlos Gamino

When you’re convicted of operating while intoxicated in Wisconsin, you may have to install an ignition interlock device on your vehicle. In fact, a significant number of people convicted of OWI in Wisconsin have to install these devices – so here’s what you need to know.

What is an Ignition Interlock Device?

An ignition interlock device is a device that requires you to blow into a mouthpiece to test your breath alcohol concentration before you can start your car. If the device – commonly called an IID – detects a concentration above 0.02 percent, your vehicle won’t start. If your alcohol concentration reaches that level after you start the vehicle, the device will activate your emergency lights and horn to draw attention to you.

Won’t You Lose Your Driving Privileges if You’re Convicted of OWI in Wisconsin?

You will lose your driving privileges if you’re convicted of OWI in Wisconsin, but after a certain amount of time has passed, you may be eligible to apply for an occupational license. An occupational license lets you drive to and from work or school, or to handle essential household activities. If the state allows you to have an occupational license, the condition of using it is that you must have an IID installed in the car you’re using. You must have an IID installed in every vehicle that’s registered or titled in your name before you apply for an occupational license (even if you only drive one vehicle).

If you choose not to apply for an occupational license and wait for your driving privileges to be restored, you’ll still have to have an IID installed for the amount of time that the judge in your case has ordered. In fact, judges are required to order IIDs for:

  • All first-time OWI offenders whose alcohol concentration was 1.5 percent or higher at the time of the crime
  • All repeat OWI offenders
  • All drivers who refuse to provide a breath or blood sample for a chemical test

How Much Does it Cost to Install an IID in Wisconsin?

Every installer charges a different amount for installation, monthly service and removal of the IID. You can shop around for the best prices, but generally speaking, it costs between $900 and $1,200 per year to keep an IID active on one vehicle.

Installation ranges from $45 to $150, depending on the type of ignition your vehicle has; monthly service fees are generally between $60 and $80, and removal is usually under $100.

Related: Do I need a lawyer for first-time OWI?

How Long Do You Have to Keep an IID on Your Vehicle?

You have to keep an IID on your vehicle for as long as the judge orders you to. You’ll have it for at least one year.

Do You Need to Talk to an Attorney About OWI Charges and IIDs?

If you’re facing OWI charges, it’s in your best interest to get legal advice from a qualified professional. Call our office at 414-383-6700 now to schedule a free consultation now – we can give you the help you need.

Attorney Carlos Gamino

By |2022-01-28T14:10:15-06:00April 17th, 2022|Criminal Law, Traffic Offenses|Comments Off on What is an Ignition Interlock Device?

What is First-Degree Murder in Wisconsin?

By Carlos Gamino

In the state of Wisconsin, homicide is classified in degrees – and the most serious homicide charges are first-degree. Technically, first-degree murder is called first-degree intentional homicide under Wisconsin law – but what is it, and what are the penalties of a conviction? This guide explains.

What is First-Degree Murder in Wisconsin?

First-degree murder is the crime of causing “the death of a human being with intent to kill that person or another.” The key with first-degree murder is intent. You must have intended to kill the person (or someone else). That means if the death was an accident and you didn’t mean to kill anyone, the state can’t say that you’re guilty of first-degree murder.

It’s the state’s responsibility that you intended to kill the victim (or someone else). That means the prosecutor has to show beyond a reasonable doubt that you knew what you were doing and wanted your actions to result in another person’s death.

Related: What’s the difference between first- and second-degree homicide in Wisconsin?

What Happens if You’re Convicted of First-Degree Murder?

First-degree intentional homicide is a Class A felony in Wisconsin. Class A felonies are the most serious crimes in Wisconsin, and if you’re convicted, the judge will sentence you to the rest of your life in prison. (If you were convicted of second-degree intentional homicide, the judge could sentence you to up to 60 years in prison – but with a Class A felony, the only option is life in prison.)

Can You Get First-Degree Intentional Homicide Changed to Second-Degree Intentional Homicide?

In some cases, attorneys are able to successfully negotiate with prosecutors to get a first-degree intentional homicide charge dropped to a second-degree intentional homicide charge. Generally, there are four mitigating circumstances that create a difference in the severity of the crime:

  1. Adequate provocation. That means the person committed the crime while being provoked in a way that made them lose their self-control in a way that an ordinary person would. A “crime of passion” is an example of adequate provocation.
  2. Unnecessary defensive force. If the defendant believed that they (or someone else) was in imminent danger of death or serious injury and used force to defend themselves (or someone else), but the force was excessive, this may apply.
  3. Prevention of a felony. If the defendant believed that using force was necessary to prevent or stop a felony, but the belief was actually unreasonable, this mitigating circumstance may apply.
  4. Coercion or necessity. If the defendant was threatened in a way that they felt killing someone was the only way to save themselves (or someone else), they were coerced. If the defendant reasonably believed they needed to kill another person to prevent serious physical harm to themselves (or someone else), a disaster or death, this mitigating circumstance may apply.

Do You Need to Talk to an Attorney About First-Degree Intentional Homicide?

If you or someone you care about has been accused of first-degree intentional homicide, you may need to speak with an experienced Wisconsin criminal defense attorney right away. Call our office at 414-383-6700 to schedule a consultation – it may be the best choice you’ve ever made.

Attorney Carlos Gamino

By |2022-01-28T14:03:59-06:00April 12th, 2022|Criminal Law|Comments Off on What is First-Degree Murder in Wisconsin?

How Long Does it Take to Get a Divorce in Wisconsin?

By Carlos Gamino

If you’re like many people contemplating divorce, you’ve heard of couples who have split quickly – and you’ve heard of couples whose divorces have taken years to complete. So how long does it take to get a divorce in Wisconsin, and do they all take the same amount of time? This guide walks you through the Wisconsin divorce timeline so you know what to expect.

How Long Does Divorce Take in Wisconsin?

Generally speaking, a typical divorce – one that doesn’t involve high assets or a lot of controversy – typically takes between six months and a year to complete. That doesn’t mean yours will fit neatly into that timeline, though. Every case is different, which means yours could take several months to a year (or more).

The absolute minimum amount of time is 120 days. The state requires you to go through a mandatory “cooling-off” period to help ensure that you really do want to go through with your divorce. During this time, you can’t have a final hearing; that prevents people from divorcing if they aren’t really positive that divorce is the best choice.

Related: What to know before you divorce your spouse

How Long Does it Take to File Divorce Paperwork?

If you’re thinking about divorce, you need to know that Wisconsin is a no-fault divorce state. That means only one of you has to agree to the divorce, and you don’t need to point the finger at anyone in order for a court to dissolve your marriage. All you have to do is let the court know that your marriage is “irretrievably broken.”

Your attorney can fill out and file your divorce papers as soon as you’re ready. After the papers are filed with the court, the mandatory 120-day cooling-off period begins. During that time, your spouse will receive the paperwork and have the chance to respond.

Related: 10 tips for surviving divorce

How Long Does it Take to Finalize a Divorce in Wisconsin?

The court can’t finalize a divorce in Wisconsin until after the 120-day cooling-off period is over. (There are some circumstances in which the court can waive the cooling-off period, but they’re rare.)

In order to finalize your divorce, you must have a marital settlement agreement. The agreement has to be signed by both you and your soon-to-be ex-spouse, and you must also have filed financial disclosure statements with the court. (Your attorney will do that for you.) You must also complete any court-mandated mediation or parenting classes before the judge in your case will finalize your divorce.

If you and your spouse agree on everything, including tough matters like child custody, your divorce will be finalized much faster than it would be if you disagreed. That’s because couples who can’t reach an agreement have to wait for time slots to open up on the court’s calendar – and they have to come up with evidence that supports their own positions.

Do You Need to Talk to a Wisconsin Lawyer About Divorcing Quickly?

If you’re thinking about divorcing your spouse, you should consult with an attorney. Attorneys who are looking out for their clients’ best interests want to get divorces over with quickly, with the best possible outcomes for their clients. We’ll be happy to schedule a free consultation for you – just call our office at 414-383-6700 now. We’ll talk to you about your situation and give you case-specific legal advice.

Attorney Carlos Gamino

By |2022-01-28T13:50:30-06:00April 12th, 2022|Family Law|Comments Off on How Long Does it Take to Get a Divorce in Wisconsin?

Wisconsin’s Felon in Possession Sentencing Guidelines

By Carlos Gamino

In the state of Wisconsin, people who have been convicted of a felony aren’t allowed to own firearms – it’s against the law. But what are Wisconsin’s felon in possession of a firearm’s sentencing guidelines, and how much time could a person spend in jail for a conviction? This guide explains.

Felon in Possession of a Firearm: Sentencing Guidelines in Wisconsin

If you’ve been convicted of a felony in Wisconsin, or of a crime elsewhere that would be a felony if it was committed in Wisconsin, you can’t have a firearm in your possession. If you do, you’re looking at a Class G felony.

What if You Have Convictions in Another State or Another Country?

The law is very clear – it says you can’t have a firearm and you’re guilty of a Class G felony if you have “been convicted of a crime elsewhere that would be a felony if committed in this state.” That means if you have a criminal record somewhere else, it’s up to you to determine whether the crimes you were convicted of there would count as felonies here. If they would, you cannot have a firearm.

What if You Were Found Not Guilty of a Crime By Reason of a Mental Disease or Defect?

Under Wisconsin law, if you were found not guilty of a felony “by reason of a mental disease or defect” (the law’s words, not ours) in Wisconsin or anywhere else, you’re not allowed to possess a firearm.

What’s the Sentence for Felon in Possession of a Firearm?

If the state convicts you of felon in possession of a firearm, you could spend up to 10 years in prison and pay fines of up to $10,000. The judge in your case can mix-and-match the two penalties.

A Word on “Possession” of a Firearm

You can be subject to felon in possession of a firearm sentencing guidelines even if you don’t own a gun. In fact, you can be convicted of felon in possession if you held someone else’s gun or if you had access to a gun and could exercise control of it. It doesn’t have to be your gun.

Do You Need to Talk to an Attorney About the Felon in Possession of a Firearm Sentencing Guidelines in Wisconsin?

If you’ve been accused of being a felon in possession of a firearm, we may be able to help you. Call us at 414-383-6700 now to schedule your free consultation with an experienced professional who will evaluate your case and give you the legal answers you need.

Attorney Carlos Gamino

By |2022-01-28T13:39:56-06:00April 11th, 2022|Criminal Law|Comments Off on Wisconsin’s Felon in Possession Sentencing Guidelines

How a Company Can Sponsor a Foreign Worker to Become a Permanent Resident

By Carlos Gamino

If you’re an employer who wants to sponsor a foreign worker to become a permanent resident, there are a few steps you need to take. Many employers choose to work with a Wisconsin immigration attorney because the process can be complicated. With that said, here’s what you need to know.

How Can My Company Sponsor a Foreign Worker to Become a Permanent Resident?

The first thing you should do is consult with an attorney. U.S. immigration law is notoriously complicated, and doing the wrong thing could land you in hot water with the government.

Generally, your attorney will help you apply for permanent labor certification through the U.S. Department of Labor to kick off the process. When the Department of Labor approves your labor certification, your attorney will fill out and file Form I-140, Immigrant Petition for Alien Worker, on behalf of the person you want to hire. (Your workers can’t fill out and file their own petitions – the government requires your company to do it.)

Related: All about work visas

What Workers Can Your Company File For?

You can sponsor a prospective or current employee who’s already in the U.S. or one who’s outside the country. The person must likely be able to qualify under one or more of the following employment-based immigrant visa categories:

  • EB-1 priority workers
  • EB-2 professionals with advanced degrees or people with exceptional ability
  • EB-3 professional or skilled workers
  • EB-4 special immigrants

Do You Need to Talk to an Attorney About How Your Company Can Sponsor a Foreign Worker to Become a Permanent Resident?

It may benefit you to work with an attorney to file for immigrant visas for your workers. Your attorney can help simplify the process for you by handling the heavy lifting. If you’d like to set up a consultation with an experienced immigration professional, call our office at 414-383-6700. We’ll be happy to give you the guidance you need.

Attorney Carlos Gamino

By |2022-01-28T13:33:35-06:00April 6th, 2022|Immigration Law|Comments Off on How a Company Can Sponsor a Foreign Worker to Become a Permanent Resident

Wisconsin’s Legal Limits for Drinking and Driving

By Carlos Gamino

If you’re like many people, you know that the legal limit for drinking and driving in Wisconsin is 0.08 – that means if your blood-alcohol or breath-alcohol concentration is 8 percent, you’re likely to be hauled off to jail and charged with operating while intoxicated, or OWI. But the law is a little more detailed than that, so here’s what you need to know.

Wisconsin’s legal limit for most people is 0.08. However, if you have three or more prior OWI convictions, your legal limit is 0.02. And if you’re under the age of 21, you have to be completely sober – any alcohol in your system can earn you an OWI charge.

Related: 3 ways to get an OWI dismissed in Wisconsin

Generally, your body weight and biological sex have a lot to do with how alcohol concentrates in your body. The following tables outline about how many drinks you can have in one hour; a drink is classified as one beer, one shot of alcohol, or one glass of wine. Keep in mind that a shot of tequila and a Long Island iced tea contain vastly different amounts of alcohol – and remember, these are estimates and not exact measurements.

Table 1: Alcohol Chart for Men

Bolded numbers are over the legal limit.

Body Weight1 drink2 drinks3 drinks4 drinks5 drinks6 drinks
120 lbs..031.063.094.125.156.188
130 lbs..029.058.087.116.145.174
140 lbs..027.054.080.107.134.161
150 lbs..025.050.075.100.125.151
160 lbs..023.047.070.094.117.141
170 lbs..022.045.066.088.110.132
180 lbs..021.042.063.083.104.125
190 lbs..020.040.059.079.099.119
200 lbs..019.038.056.075.094.113
210 lbs..018.036.053.071.090.107
220 lbs..017.034.051.068.085.102

Table 2: Alcohol Chart for Women

Bolded numbers are over the legal limit.

Body Weight1 drink2 drinks3 drinks4 drinks5 drinks6 drinks
90 lbs..053.106.159.212.265.318
100 lbs..047.094.141.188.235.282
110 lbs..042.084.126.168.210.252
120 lbs..038.076.114.152.190.228
130 lbs..036.072.108.144.180.216
140 lbs..033.066.099.132.165.198
150 lbs..031.062.093.124.155.186
160 lbs..028.056.084.112.140.168
170 lbs..027.054.081.108.135.162
180 lbs..026.052.078.104.130.156

Do You Need to Talk to an Attorney About OWI Charges?

If you’ve been accused of operating while intoxicated, we may be able to help you. Call our office as soon as you can – we’re at 414-383-6700. You can schedule your free consultation with an experienced professional to get the legal advice you need.

Attorney Carlos Gamino

By |2022-01-28T13:37:55-06:00April 4th, 2022|Criminal Law, Traffic Offenses|Comments Off on Wisconsin’s Legal Limits for Drinking and Driving

What is a Crime of Necessity in Wisconsin?

By Carlos Gamino

In the state of Wisconsin, legislators understand that sometimes – in order to protect yourself or others – it’s necessary to commit a crime. For example, it’s very unlikely that the state would convict you of battery for pushing a mugger to the ground when the mugger was beating up an elderly woman. But what is a crime of necessity, and is it a possible defense in your case? This guide explains.

What is a Crime of Necessity in Wisconsin?

The law defines necessity as “Pressure of natural physical forces which causes the actor reasonably to believe that his or her act is the only means of preventing imminent public disaster, or imminent death or great bodily harm to the actor or another and which causes him or her so to act, is a defense to a prosecution for any crime based on that act, except that if the prosecution is for first-degree intentional homicide, the degree of the crime is reduced to 2nd-degree intentional homicide.”

In plain English, that means if you had to do something (and a reasonable person would agree that you did need to act), you can use a necessity defense in court. It’s a matter of choosing the lesser of two evils.

How Can a Necessity Defense Work?

If you and your attorney decide that a necessity defense is the right choice in your case, your lawyer must show the court that:

  • You acted in an emergency to prevent something worse from happening
  • You had no adequate alternative based on the situation
  • You didn’t do more harm than you prevented
  • You believed the act was necessary at the time
  • A reasonable person would also have believed that the act was necessary at the time

Do You Need to Talk to an Attorney About a Crime of Necessity?

If you’ve been accused of a crime but it was something you had to do, you should talk to an attorney as soon as possible. Your attorney will evaluate your case and let you know whether necessity is a possible defense. Call us at 414-383-6700 now to schedule your free case review; we’ll answer your questions and give you the guidance you need.

Attorney Carlos Gamino

By |2022-01-28T13:30:22-06:00April 3rd, 2022|Criminal Law|Comments Off on What is a Crime of Necessity in Wisconsin?

What is Self-Defense Privilege in Wisconsin?

By Carlos Gamino

Wisconsin law allows people to defend themselves – not just from harm, but from “unlawful interference with is or her person by the other person.” But what does that mean, and is it possible that you could use the privilege of self-defense in court to avoid a criminal conviction?

What is the Privilege of Self-Defense in Wisconsin?

The privilege of self-defense allows you to protect yourself. However, you can’t do whatever you feel like doing if you want to claim self-defense. Instead, you:

  • May only use a reasonably necessary amount of force. You can’t run someone over with a car if you feel like they’re going to punch you.
  • May not intentionally use force intended (or likely) to cause death or great bodily harm unless you believe that much force is necessary to prevent your own great bodily harm or death.
  • Cannot claim self-defense if you provoked other people to attack you, unless you believe the people attacking you are going to cause you great bodily harm or death.

When Could You Claim Self-Defense?

There are several instances in which it could make sense to claim self-defense. For example, if someone walks up to you on the street and attacks you for no reason, you are legally allowed to hit that person back and stop them from harming you. Likewise, you can claim self-defense if you’re breaking up a fight and one (or both) parties turns on you, a claim of self-defense could be successful.

Do You Need to Talk to an Attorney About Claiming Self-Defense?

If you’ve been accused of a crime but you acted in self-defense, or in the defense of another person, we may be able to help you. Call our office at 414-383-6700 now to schedule a free consultation with a professional – we’ll give you the guidance you need.

Attorney Carlos Gamino

By |2022-01-28T13:28:35-06:00March 27th, 2022|Criminal Law|Comments Off on What is Self-Defense Privilege in Wisconsin?

Visa Classifications for Nonimmigrant Workers at Your Company

By Carlos Gamino

Many companies need to hire nonimmigrant workers for temporary jobs – jobs that there just aren’t enough Americans to fill. But where do you even begin if you want to lawfully hire immigrants? This guide explains how to get visas for nonimmigrant workers at your company.

Visas for Nonimmigrant Workers: Classifications

Nonimmigrant workers need sponsors – they can’t simply come to the U.S. and start working. That means if you want to hire a nonimmigrant, temporary worker, your company needs to petition the United States government for visas. Many professionals choose to work with a Wisconsin immigration attorney to do so.

There are several types of nonimmigrant visas, which the following table outlines. You must hire a worker who fits into one of these visa categories.

Nonimmigrant ClassificationDescription
CW-1CNMI-only transitional worker
E-1Treaty traders and qualified employees
E-2 and E-2CTreaty investors and qualified employees, and long-term foreign investors in the CNMI
E-3Some specialty occupation professionals from Australia
H-1B1, H-1B2 and H-1B3Free Trade Agreement workers in specialty occupations from Chile and Singapore; specialty occupations related to Department of Defense research and development projects; fashion models of “distinguished merit and ability.”
H-1CRegistered nurses who work in an area with a health professional shortage
H-2A and H-2BTemporary or seasonal agricultural workers and temporary non-agricultural workers
H-3Trainees in fields unrelated to medicine or academics
IWorkers in the foreign press, radio, film or other media
L-1A and L-1BIntracompany transferees
O-1 and O-2People with extraordinary ability in the sciences, education, the arts, business, or athletics, as well as TV production, and the people who support them
P-1A and P-1BInternationally recognized athletes and entertainers, as well as members of internationally recognized entertainment groups
P-2 and P-3Performers who are participating under a reciprocal exchange program, as well as artists or entertainers who are going to perform, teach or coach under a culturally unique program
Q-1People participating in an international cultural exchange program
R-1Religious workers
TNNAFTA temporary professionals who are from Canada or Mexico

Do You Need to Talk to an Attorney About Getting Visas for Nonimmigrant Workers at Your Company?

Bringing in foreign workers can be a complex process, and it’s one that requires your company to stick to the letter of the law. If you want to get visas for nonimmigrant workers at your company, you can benefit from working with a skilled and knowledgeable attorney. Call our office at 414-383-6700 to schedule a consultation with a professional now.

Attorney Carlos Gamino

By |2022-01-28T13:43:40-06:00March 13th, 2022|Immigration Law|Comments Off on Visa Classifications for Nonimmigrant Workers at Your Company

What is a Factual Mistake in a Criminal Act?

By Carlos Gamino

Many lawyers successfully defend their clients by arguing that there was a mistake of fact involved in the alleged crime. A mistake of fact is an error that relates to some fact in the case. For example, if Jackie thinks an iPhone sitting on the table belongs to her when it really belongs to Steve, Jackie has made a mistake of fact.

What is a Mistake of Fact in Criminal Acts?

A mistake of fact can often be used to defend someone against criminal charges, provided that it negates a material element of the crime. If Jackie picked up the iPhone on the table and took it home believing it was hers, she didn’t steal it – she thought it was hers, so she put it in her pocket and left.

The reason Jackie isn’t a thief is that she didn’t intend to deprive its real owner of the phone permanently; that’s a material element of the crime of theft. She only made a mistake of fact: She thought the phone belonged to her. It was an honest mistake.

Although there’s security footage of Jackie picking up the phone, dropping it into her pocket and leaving with it, her attorney can argue that she made a mistake of fact in thinking that it belonged to her. Her attorney can also explain the steps she took to return the phone to its rightful owner to further argue her case.

Related: What is a criminal appeal?

The phone is just an example. There are several other cases in which it may be reasonable to argue that someone has made a mistake of fact, and if your attorney believes it’s a good defense in your case, they’ll explain why.

Do You Need to Talk to an Attorney About Mistake of Fact?

If you’ve been charged with a crime but you believe you actually made a mistake of fact, call us at 414-383-6700 now. We’ll evaluate your case for free and give you the answers you need to start moving forward.

Attorney Carlos Gamino

By |2022-01-28T13:26:31-06:00March 8th, 2022|Criminal Law|Comments Off on What is a Factual Mistake in a Criminal Act?

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