Is Pepper Spray Legal in Wisconsin?

By Tedia Gamino

Pepper spray is used as a means of self-defense all across the country. Since it’s considered a weapon, you’ll need to know Wisconsin state law if you plan to use this method of protection here in America’s Dairyland.

What’s in Pepper Spray?

The active ingredient in pepper spray is oleoresin capsicum (O.C.), which is an oil from the Capsicum plant and is what makes hot peppers so spicy. The higher a pepper spray’s concentration of O.C., the more intense and lasting are its effects.

Pepper spray irritates the eyes, skin, and mucous membranes, and the agitation can last as briefly as a few minutes or as long as a few hours. Inhalation of pepper spray can irritate your nose and throat, induce coughing, and make breathing difficult, which can be very harmful if you suffer from conditions like asthma or COPD.

So, Is Pepper Spray Legal in Wisconsin?

Yes, pepper spray is legal in Wisconsin, and it’s the only self-defense spray that’s legal to carry in the state. Mace, tear gas, and combinations of other chemicals, aren’t legal for the public—even if they’re mixed with pepper spray.

Here are quick facts to know about using pepper spray in Wisconsin:

Wisconsin law limits the amount of pepper spray you can carry to 2 oz. or less.

The allowable concentration of O.C. in pepper spray is limited to 10 percent of the contents of a product’s solution.

You must be 18 or older to buy and own pepper spray. If pepper spray is stored in a vehicle, its driver must be over the age of 18. (It’s not a good idea to store pepper spray in your glove compartment during warmer months. Pepper spray shouldn’t be stored in temperatures above 120 degrees F).

It’s illegal to use pepper spray in a container that’s disguised to look like something else, i.e. disguised as a can of hairspray, a writing pen, car keys, lipstick, or other such items.

If you’ve got a felony criminal record, you won’t be able to own or carry a defensive spray like pepper spray, or a similar chemical.

Do You Need to Talk to an Attorney About a Concealed Weapons Charge in Wisconsin?

If you’ve been charged with carrying an electric weapon, like a stun gun or Taser, without a concealed carry license, call our office at 414-383-6700 to schedule a consultation with one of our experienced criminal defense attorneys who can provide the guidance you need.

By Attorney Tedia Gamino

By Tedia Gamino|2022-11-18T22:10:47-06:00December 13th, 2022|Criminal Law|Comments Off

Is It Illegal to Use Marijuana in Wisconsin?

By Tedia Gamino

States across the country have varying laws regarding marijuana use, and many have legalized it. Marijuana is legal for adults in 21 states and Washington, D.C., and medical marijuana is legal in 38 states, and D.C. Marijuana legalization was on the ballot in the 2022 mid-term elections, and Missouri and Maryland became the most recent states to vote to decriminalize cannabis, which brought the total to 21 states where the drug is legal.

So where does Wisconsin stand?

Is Marijuana Legal for Recreational and Medical Use in Wisconsin? Well, It’s Complicated

In Wisconsin, marijuana is illegal for recreational use. The Wisconsin Controlled Substances Act considers THC—the main active ingredient in marijuana that causes its psychoactive effect—to be a Schedule I controlled substance, which puts it in the same category as drugs like heroin, PCP, and LSD.

Under state law, Schedule I substances are also deemed to have no accepted medical use. There is an exception, though. Medical marijuana in Wisconsin is allowed for those who have a written letter from a doctor, and the drug cannot produce any psychoactive effects. This means Wisconsin medical marijuana is restricted to CBD. However, Wisconsin Senator Jon Erpenbach and Representative Chris Taylor introduced legislation that seeks to give qualified patients legal access to medical marijuana—with a doctor’s approval. Their proposed bills would allow the possession of up to 3 oz. of marijuana, and up to as many as 12 plants.

Penalties for Marijuana Possession

You could face stiff penalties if you’re charged with marijuana possession in Wisconsin:

First-offense marijuana possession—up to $1,000 in fines and/or a 6-month jail sentence.
A repeat offender for marijuana possession can face a felony charge with as much as 3.5 years in jail, and/or $10,000 in fines.
If you’re a student, you may lose federal student aid; to include grants and loans.
A 5-year suspension of driving privileges.

How Long Does a Marijuana Possession Charge Stay on Your Record?

If you’re convicted of marijuana possession, the possession charge remains on your record indefinitely. You may attempt to have it expunged, if you qualify for expungement.

Efforts to Decriminalize Marijuana in Wisconsin

Local jurisdictions in Wisconsin have enacted municipal laws and resolutions in an effort to partially or fully decriminalize minor recreational marijuana possession offenses. Currently, the capital city of Madison enjoys decriminalization of the possession of up to 28 grams of marijuana (on the municipal level).

Do You Need to Talk to an Attorney About Marijuana Possession Charges?

If you’ve been charged with marijuana possession, call our office at 414-383-6700 to schedule a consultation with one of our experienced criminal defense attorneys who can provide the guidance you need.

By Attorney Tedia Gamino

By Tedia Gamino|2022-11-18T22:14:00-06:00December 8th, 2022|Criminal Law|Comments Off

What’s the Difference Between a Visa and a Green Card?

By Tedia Gamino

If you’ve ever wanted to move or travel to the U.S., the odds are that you might be wondering whether you need a visa, or a green card. These two terms overlap, so it’s important to know the differences between the two.

A visa is required to gain entry into the U.S., but having one isn’t necessarily a gateway to getting a green card.

Let’s explore each in more detail.

What Is a Visa?

If you’re planning to immigrate or travel to the U.S., you must have a visa. Usually, you apply for a visa at a Consulate or U.S. Embassy before traveling.

Visas come in two types:

Non-immigrant visas
Immigrant visas

#1. Non-immigrant Visa

If you’re traveling to the U.S. for a specific purpose, like a medical treatment, or for education, work, or business, you’ll need to apply for a non-immigrant visa. This visa allows you a limited stay in the country.

#2. Immigrant Visa

If you plan to move to the United States to live permanently, you’ll need a U.S. immigrant visa. Perhaps the simplest way to get an immigrant visa is through sponsorship by an immediate relative or family member in the U.S. This could be a spouse who is a U.S. citizen, your fiancée who is a U.S. citizen, certain family members of U.S. citizens, and certain family members of lawful permanent residents (LPR).

What Is a Green Card?

If you’ve received a green card you’ve been granted the ability to permanently live and work in the U.S. Having a visa can help you qualify for a green card. However, having a visa isn’t a guarantee that your green card application will be approved. After receiving your green card, and having lived in the U.S. for 3 to 5 years, you can apply for U.S. citizenship.

Although a green card affords you permanent residence in the U.S., the law requires you to renew your card every 10 years. Additionally, your residency privilege can be revoked if you engage in unlawful activities in the country.

What Makes a Visa Different from a Green Card?

Time of issuance
Duration of stay
Citizenship

#1. Time of Issuance

One of the most significant differences between a visa and a green card is that you obtain a visa before travelling to the U.S., whereas a green card is issued after you arrive in the country.

#2. Duration of Stay

A visa allows you to stay in the U.S. temporarily, while a green card gives you permanent residence in the country.

#3. Citizenship

A green card affords you the ability to apply for U.S. citizenship, but you cannot do so by simply having a visa.

Do You Need to Talk to an Immigration Lawyer About a Revoked Green Card?

If your green card has been revoked, call our office at 414-383-6700 to schedule a consultation with one of our experienced immigration lawyers who can provide the guidance you need.

By Attorney Tedia Gamino

By Tedia Gamino|2022-11-18T20:44:55-06:00December 6th, 2022|Immigration Law|Comments Off

Will You Go to Jail for Buying Stolen Goods in Wisconsin?

By Tedia Gamino

Buying second-hand items online has become commonplace. But what if the goods you purchased were stolen? Is it possible that you could be arrested and go to jail? It depends.

Did You Know the Items You Bought Were Stolen?

You can be penalized if you knew the goods you purchased were stolen; otherwise, there was no crime on your part. Different states have varying penalties for knowingly buying stolen goods. In California, for example, you’ll receive a misdemeanor penalty for knowingly buying or receiving stolen goods. The same applies to New York State—you can only be penalized if you buy or receive property that you know was stolen.

What Are the Penalties in Wisconsin for Knowingly Buying Stolen Goods?

In Wisconsin, if you knowingly buy or receive stolen goods the penalties are determined by the value of the property. Here’s the breakdown:

If you knowingly buy or receive stolen goods that are valued at $2,500 or less you’ could be charged with a Class A misdemeanor, which could mean up to 9 months in jail and a fine of up to $10,000.

If you knowingly buy or receive stolen goods that are valued at more than $2,500, the offense becomes a Class I felony. That means you could get a 3-year, 6-month prison sentence, or a fine of up to $10,000—or both.

Laws for Pawn Shops, Flea Markets, and Swap Meets

Pawn shops, flea markets, and swap meets can be notorious for handling stolen property. While the law protects you from going to jail for unknowingly buying stolen property, it requires that pawn shops, flea markets, and thrift stores thoroughly research second-hand goods to ensure that they aren’t buying stolen property.

So What Do You Do With the Stolen Goods You Purchased?

The law requires that you return the stolen property to its rightful owner. The person who sold you the stolen property will be liable to pay you restitution.

Do You Need to Talk to an Attorney About Criminal Charges for Handling Stolen Property?

If you’ve been charged with handling stolen property, call our office at 414-383-6700 to schedule a consultation with one of our experienced criminal defense attorneys who can provide the guidance you need.

By Attorney Tedia Gamino

By Tedia Gamino|2022-11-18T22:20:37-06:00December 1st, 2022|Criminal Law|Comments Off

What Are the Possible Penalties for Gas Theft in Wisconsin?

By Carlos Gamino

In the state of Wisconsin, driving off without paying for your gasoline is a crime of theft. Often, police catch people after gas drive-offs because many gas stations across the state have security cameras in place. But what will happen to you if you steal gas in Wisconsin? This guide explains.

What’s the Penalty for Stealing Gas in Wisconsin?

Whether you drive off at the pump, siphon gas from another person’s tank or otherwise steal it, you can be charged with a crime in Wisconsin. The law is very specific about gas theft, too. It says:

“The failure or refusal to pay a service station, garage, or other place where gasoline or diesel fuel is sold at retail or offered for sale at retail the established charge for gasoline or diesel fuel provided by the service station, garage, or other place constitutes prima facie evidence of an intent to abscond without payment.”

In the case of driving off at the pump or otherwise stealing gas is considered a Class A misdemeanor – unless you managed to get away with more than $2,500 in gasoline. In that case, it’s a Class I felony. Most people face Class A misdemeanor charges for this crime.

A Class A misdemeanor is the most serious of all misdemeanors. If a judge convicts you, you’re facing up to nine months in jail and fines of up to $10,000.

Can You Be Charged for Attempting to Steal Gas?

If you attempt to steal gas but don’t succeed, you could still face criminal penalties. In fact, in Wisconsin, the penalty for an attempted crime is half the penalty for a completed crime.

Do You Need to Talk to an Attorney About Gas Theft?

if you were caught stealing gasoline, we may be able to help you get the best possible outcome in your case. Though there’s never any way to predict how a judge will rule, you may find it beneficial to work with a Wisconsin criminal defense attorney. Call our office at 414-383-6700 to schedule your consultation with a skilled and knowledgeable professional who may be able to give you the guidance you need.

Attorney Carlos Gamino

By Tedia Gamino|2022-09-02T11:07:56-05:00November 29th, 2022|Criminal Law|Comments Off

4 Things to Know About BAC and Driving Over the Limit in Wisconsin

By Tedia Gamino

Blood alcohol concentration, or BAC, measures the percentage of alcohol that’s in your bloodstream. Nationally it’s illegal to drive with a BAC that’s 0.08 percent or higher. In Wisconsin, however, BAC limits are different, and can vary based on your age and record of any driving under the influence convictions.

Operating While Intoxicated Rules in Wisconsin

If you’re 21 or over, with no history of driving under the influence (DUI), it is illegal to operate a motor vehicle:

With a Blood/Breath Alcohol Concentration (BAC) of 0.08 or greater;
While under the influence of an intoxicant;
With a detectable amount of a restricted controlled substance in your blood; or
While under the influence of a controlled substance or any other drug.

For drivers with three or more prior Operating While Intoxicated (OWI) convictions, the limit is lower. If you have 3 or more prior DUIs, you, cannot operate a motor vehicle if your BAC is greater than 0.02.

Drivers under 21 years of age are required by law to maintain absolute sobriety. If you’re underage, operating a motor vehicle with any amount of alcohol in your system is illegal.

How much alcohol can you drink and still be legal to drive?

Research shows that your liver can process approximately 0.6 oz. of pure alcohol per hour—that’s typically the average drink. Aside from how much you drink, and how quickly your liver processes it, these four important factors affect your BAC:

Body weight
Gender
How much you’ve had to eat
If you’re on meds

Let’s take a closer look at each BAC influencer.

#1. Body Weight

The thinner you are, the less water that’s in your system—the less your body is able to dilute the effects of alcohol. Also, the less muscle tissue you have the less your body is able to dilute alcohol, because muscle also contains water. So you have a greater chance of feeling intoxicated than someone else who’s had the same amount to drink, but has a higher body weight and muscle mass.

#2. Gender

Gender can have a significant impact on one’s BAC. When it comes to muscle and body fat, men and women have different percentages of each and this impacts their BAC levels because muscle contains more water than fat. Women’s bodies are also different in that they produce less of an enzyme called dehydrogenase, which breaks down alcohol.

#3. How Much You’ve Had to Eat

How much you eat influences your BAC. Food slows down the amount of alcohol that’s absorbed in your bloodstream, so if you drink on an empty stomach your body will absorb the alcohol faster and cause you to feel intoxicated quicker.

#4. If You’re on Medication

It’s never wise to mix medications with alcohol. Studies show that antidepressants, cough medicines, and other meds can intensify your body’s reaction to alcohol and cause your BAC to be higher than it would normally be.

Other Variables

Other factors influence your BAC, including:

How fast you drink
Your alcohol tolerance
The kind of alcohol you consume

Do You Need to Talk to an Attorney About an OWI, DWI, or a DUI charge?

If you’ve been charged with an OWI, DWI, or a DUI, call our office at 414-383-6700 to schedule a consultation with one of our experienced defense attorneys who can provide the guidance you need.

By Attorney Tedia Gamino

By Tedia Gamino|2022-11-19T10:12:55-06:00November 26th, 2022|Criminal Law, Traffic Offenses|Comments Off

Can You Clear Your Criminal Record in Wisconsin?

By Carlos Gamino

In very limited circumstances, it’s possible to clear your criminal record in the state of Wisconsin. This process is known as expungement – but it’s not available to everyone. This guide explains.

What is Expungement in Wisconsin?

Criminal record expungement is the process of asking a judge to erase or seal your criminal record so it’s not available to the public. However, only a small number of people qualify to participate in the process and get a fresh start. You may qualify for expungement if:

You were arrested but never convicted of a crime
You were convicted, but under the age of 25 at the time you committed a crime
You committed a crime as someone who was trafficked

Here’s a closer look at each.

Expungement When You Were Arrested but Never Convicted: Removal of Arrest Information

If you were ever arrested and released without being charged, or if you were charged and the charges against you were dropped or dismissed, you may be eligible for removal of arrest information. That’s because the state of Wisconsin never convicted you of a crime, and because it’s entirely possible for the police to arrest an innocent person.

Expungement of Certain Criminal Convictions in Wisconsin

Not all criminal convictions qualify for expungement in Wisconsin. In fact, a judge will only agree to expunge your conviction record if:

You were under the age of 25 at the time you committed the crime
The maximum period of imprisonment for the crime you committed was six years or less
You successfully completed your sentence

If you were convicted of a crime that had a penalty of imprisonment for longer than six years, you’re not eligible for expungement. Additionally, if you were over the age of 25, you can’t ask a judge to clear your criminal record.

Expungement for Victims of Human Trafficking

If you were a victim of human trafficking and were convicted of a prostitution offense as a result, you may petition the court to expunge that conviction.

Do You Need to Talk to an Attorney About Expungement in Wisconsin?

Expunging your criminal record can be a complicated process, so it may make sense for you to work with an expungement attorney in Wisconsin. If you have a record that you believe is eligible, call our office at 414-383-6700 now to schedule a consultation with someone who may be able to help you.

Attorney Carlos Gamino

By Tedia Gamino|2022-09-02T11:43:56-05:00November 24th, 2022|Criminal Law|Comments Off

What is Resisting Arrest?

By Carlos Gamino

If you’re like many people, you’ve heard the term “resisting arrest.” But what does it mean, and what happens if you resist arrest in Wisconsin? This guide explains.

What is Resisting Arrest in Wisconsin?

In Wisconsin, it is a crime to intentionally obstruct or resist an officer while they are performing their official duties. This includes everything from actively fleeing or fighting with an officer to simply refusing to comply with their orders.

What are the Penalties for Resisting Arrest in Wisconsin?

The penalties for resisting arrest in Wisconsin depend on the specific circumstances of the case. If you resist arrest and the officer is not harmed, you will likely be charged with a misdemeanor. This is punishable by up to 9 months in jail and a fine of up to $10,000.

If your resistance causes injuries to the officer, you will be charged with a felony. The penalties for this crime include up to 3 years in prison and a fine of up to $15,000.

In some cases, you may also be charged with additional crimes, such as disorderly conduct or battery.

What Should You Do if Police Arrest You?

If the police arrest you, it is important to remain calm and comply with the officer. Don’t fight, run or even argue – doing so could result in serious criminal charges (on top of those that you’re already facing). If you’re unlawfully arrested, don’t worry; your attorney can help sort it out later.

Here are a few more tips for what to do if you’re being arrested:

Don’t try to reason with the police – they’re not interested in your side of the story.
Don’t argue with the police. They may try to get you to confess to a crime, and in the best-case scenario, they take you to jail despite your protests.
Don’t lie to the police. If they catch you in a lie, it will only make things worse for you.
Comply with the officer’s orders. If you don’t, you could be charged with resisting arrest.
Don’t say anything except “I’d like to speak to an attorney.” You have the right to remain silent, so use it. The things you say now – even if you’re innocent – can come back to haunt you later.

Do You Need to Talk to an Attorney About Resisting Arrest Charges?

If the police have accused you of resisting arrest in Wisconsin, we may be able to help you. Call our office at 414-383-6700 now to schedule your consultation.

Attorney Carlos Gamino

By Tedia Gamino|2022-09-02T10:58:50-05:00November 22nd, 2022|Criminal Law|Comments Off

5 Traffic Violations That Lead to Car Accidents

By Tedia Gamino

Each year more than 32,000 people are killed and 2 million are injured in motor vehicle crashes, according to the CDC. In fact, every day 29 Americans die at the hands of drivers who are charged for DUI.

Avoid these five traffic violations that typically lead to car accidents:

Distracted driving
Speeding
Road rage
Running a red light
OWI, DWI, DUI

Here’s a closer look at each violation.

#1. Distracted Driving

When driving, you should give the road and surroundings your undivided attention. Distracted driving is considered one of the top causes of car accidents in the U.S. Engaging in activities like texting, talking on the phone, eating, and grooming while you’re driving takes your focus away from the highway, and can lead to serious accidents.

#2. Speeding

You may speed for many reasons. You might be late for work or an appointment, trying to keep up with traffic, or even experiencing a personal emergency. Whatever the reason, speeding not only endangers your life, but the lives of others on the road.

Speeding in Wisconsin is on the rise. Researchers at the University of Wisconsin-Madison saw an increase in speeding when pandemic shutdowns in early 2020 substantially reduced highway traffic. By mid-2021, though, road traffic had climbed back to levels before the pandemic—but the average vehicle speed did not throttle back.

#3. Road Rage

Road rage can involve criminal intimidation or violence on the highway. One’s anger toward another motorist might result in tailgating, weaving in and out of lanes and causing near-collisions, making rude gestures, or even competing for a space in a parking lot. Road rage only makes driving conditions more unsafe.

#4. Running a Red Light

Although you may be in a rush, or think you can zip through an intersection when the light has just turned red, running a red light can prove to be a fatal traffic violation. Many motorists are killed or maimed each year by drivers who don’t obey red lights. So whatever your reason, running the light just isn’t worth risking your life and those of other motorists and pedestrians.

#5. OWI, DWI, DUI

It’s always smart to avoid driving if you’ve been drinking. Even if you feel that you can get behind the wheel and safely drive home, or to another destination, driving after having even one drink is a bad idea because it can impair your judgement and ability to safely operate your vehicle. If a police officer stops you and determines that you’re impaired by alcohol, you could be arrested and prosecuted—no matter your blood alcohol content (BAC).

Do You Need to Talk to an Attorney About OWI, DWI, or DUI?

If you’ve been accused of OWI, DWI, or DUI, our team may be able to help you. Call our office at 414-383-6700 to schedule a consultation with an experienced Wisconsin drunk driving lawyer. We can answer your questions and give you the guidance you need.

By Attorney Tedia Gamino

By Tedia Gamino|2022-11-19T09:58:01-06:00November 19th, 2022|Criminal Law, Traffic Offenses|Comments Off

Penalties for Buying Pot From a Friend in Wisconsin

By Carlos Gamino

Although marijuana is legal in many states, Wisconsin maintains that buying or possessing pot is against the law. But what happens if you buy pot from a friend? Will you end up going to jail? This guide explains.

Penalties for Buying Pot From a Friend in Wisconsin

Whether you buy marijuana from a friend or someone else, it’s against the law to possess pot in the state of Wisconsin. In fact, your first offensive possession is a misdemeanor that can result in up to six months in jail and a fine of up to $1,000. If you’re caught with it more than once, you could even end up spending time in prison.

It’s not just about marijuana, though. You can even get in trouble for possessing drug paraphernalia. That means if you have rolling papers, a bong or a pipe, or anything else associated with using marijuana, you could be charged with a misdemeanor and sentenced to up to 30 days in jail.

What Should You Do if You’re Caught With Marijuana?

If you’re caught possessing marijuana, the best thing you can do is avoid answering questions. If the police would like to question you about where you got it, what you intend to do with it or anything else, the safest thing to do is to politely say, “I’d like to speak to an attorney.”

When you let the police know that you want to talk to an attorney, they must stop questioning you and wait for your legal counsel to give you guidance.

Although it may be tempting to explain your side of the story to the police, particularly if they tell you that owning up to pot possession will make a judge go easier on you, you should avoid answering any questions until you’ve talked to a lawyer. Your lawyer will be there to preserve your rights and help ensure you don’t say anything that could jeopardize your case.

Do You Need to Talk to an Attorney About Pot Possession?

If you’re caught with marijuana, whether you purchased it from a friend or someone else, you could be in serious legal hot water. Call our office at 414-383-6700 to schedule a consultation with a Wisconsin criminal defense attorney who can give you the legal guidance you need.

Attorney Carlos Gamino

By Tedia Gamino|2022-09-02T10:56:28-05:00November 15th, 2022|Criminal Law|Comments Off

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