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Can Police Put Up OWI Checkpoints Over Holiday Weekends in Wisconsin?

By Carlos Gamino

In the state of Wisconsin, the police aren’t allowed to set up OWI checkpoints over the holidays. However, they often do put out additional patrols during times that they believe drunk drivers will be out. Here’s what you need to know about these extra patrols, as well as what to do if you’re pulled over under suspicion of drunk driving (and when to call a Wisconsin OWI attorney).

When Do Police Put Out Additional Patrols for OWI in Wisconsin?

Under Wisconsin law, police may put out additional patrols for OWI if they have probable cause to believe that drivers are operating while intoxicated. This often happens around the holidays, including Memorial Day, 4th of July, and Labor Day – all summer occasions where many people picnic and enjoy themselves with alcohol involved.

Related: Wisconsin’s legal limits for drinking and driving

What to Do if You’re Pulled Over for Drunk Driving in Wisconsin

If you are pulled over for drunk driving in Wisconsin, the best thing to do is to cooperate with the police officer. This means providing your license and registration when asked, and answering any questions truthfully. It is important to remember that you have the right to remain silent, and you should exercise this right if the police officer starts asking questions about what you have been drinking or where you were coming from.

If the police officer asks you to step out of the vehicle, you should do so. Once you are out of the vehicle, the officer may ask you to perform field sobriety tests. These tests are voluntary, and you have the right to refuse them. However, if you do refuse the tests, the officer may arrest you anyway.

If you are arrested for drunk driving, you will be taken to the police station and asked to take a chemical test. You have the right to refuse this test, but if you do, your license will be automatically suspended.

Related: What you need to know about field sobriety testing

Do You Need to Talk to an Attorney About Being Pulled Over for OWI?

If you were pulled over during an OWI stop, we may be able to help you. Call our office right away at 414-383-6700 to schedule your free consultation. We’ll be happy to answer your questions and help you get the best possible outcome in your case.

Attorney Carlos Gamino

By |2022-05-20T20:12:26-05:00June 30th, 2022|Criminal Law, Traffic Offenses|0 Comments

What Crimes Are Considered Violent Felonies in Wisconsin?

By Carlos Gamino

In the state of Wisconsin, some felonies are considered violent in nature. But what are those crimes, and what should you do if you are accused of one? Find out now.

What Crimes Are Considered Violent Felonies in Wisconsin?

Under Wisconsin law, a violent felony is any crime that involves the use or threat of violence against another person. This includes crimes such as murder, rape, robbery and assault. If you are convicted of a violent felony, you can expect to receive a harsher sentence than you would for a non-violent felony.

What Are the Penalties for Violent Felonies in Wisconsin?

The penalties for violent felonies in Wisconsin are very severe. If you are convicted of a violent felony, you can expect to spend many years in prison. In some cases, you may even be sentenced to life in prison.

Related: Serious felonies in Wisconsin

What Should You Do if You’re Accused of a Violent Felony in Wisconsin?

If you are accused of a violent felony in Wisconsin, it is important to contact an experienced criminal defense attorney immediately. An experienced attorney will be able to help you navigate the legal system and protect your rights.

The sooner you contact a Wisconsin criminal defense attorney, the better your chances of getting the best possible outcome in your case.

Related: What happens if you commit a felon in Wisconsin?

Should You Talk to Police to Clear Your Name if They Accuse You of a Violent Felony?

If you are accused of a violent felony, you should not talk to police until you have spoken to an experienced criminal defense attorney. Talking to police without an attorney present can only hurt your case.

Do You Need to Talk to an Attorney About Violent Felony Charges in Wisconsin?

If you’ve been accused of committing a violent felony in the state of Wisconsin, we may be able to help you. You should not talk to the police until you’ve spoken to an attorney. Call us right away at 414-383-6700 to schedule your free case review. We will be happy to answer your questions and help you get the best possible outcome in your case.

Attorney Carlos Gamino

By |2022-05-20T20:09:41-05:00June 28th, 2022|Criminal Law|0 Comments

Can You Go to Jail for Animal Cruelty in Wisconsin?

By Carlos Gamino

Animal cruelty in Wisconsin is a serious problem. Every year, thousands of animals are abused, neglected and abandoned. Animal cruelty can take many forms, from intentional acts of violence to simply neglecting an animal’s basic needs. Regardless of what the state has accused you of, you need to know that animal cruelty convictions can lead to jail or prison time, fines and other penalties.

Can You Go to Jail for Animal Cruelty in Wisconsin?

You can go to jail for animal cruelty in Wisconsin. Animal cruelty is, in many cases, a felony offense in the state, and anyone convicted of it can face up to 3 years in prison and a $10,000 fine. This is true whether you have been accused of willfully hurting an animal, neglecting an animal, or subjecting an animal to a hoarding situation.

Do You Have the Right to an Attorney if You’re Charged With Animal Cruelty?

You have the right to work with a Wisconsin criminal defense attorney if you’re charged with animal cruelty in Wisconsin. If you cannot afford an attorney, the court will appoint one for you.

What Happens to Animals When Animal Cruelty Charges Are Brought Against Their Owners?

When animal cruelty charges are brought against an owner, the animal may be removed from the home and placed in a safe environment, such as a shelter or rescue. The owner may also be required to pay for the animal’s care and treatment.

What if You’re Accused of Animal Cruelty, but You’re Innocent?

If you are accused of animal cruelty, but you know that you are innocent, there are a few things that you can do in order to help your attorney clear your name. It’s a good idea to gather any evidence that you have that can show you didn’t commit the crime, such as witness statements or video footage. Although the prosecutor is required to prove that you’re guilty, having proof that shows the prosecutor is wrong is very important to your case. Your Wisconsin criminal defense attorney can help you figure out how to refute the prosecutor’s accusations.

Do You Need to Talk to an Attorney About Animal Cruelty Charges in Wisconsin?

If you’ve been accused of animal cruelty in the state of Wisconsin, we may be able to help you get the best possible outcome in your case. Call us at 414-383-6700 now to schedule a free consultation; our team will be happy to answer your questions and get you started on the right path.

Attorney Carlos Gamino

By |2022-05-20T20:07:44-05:00June 28th, 2022|Criminal Law|0 Comments

How Long Will You Go to Prison for Dog Fighting in Wisconsin?

By Carlos Gamino

In the state of Wisconsin, animal fighting offenses are punishable by prison time. Animal fighting is defined as pitting two or more animals against each other for the purpose of entertainment, gambling, or sport. Animal fighting includes cockfighting, dogfighting, and bearbaiting.

How Long Will You Go to Prison for Dog Fighting in Wisconsin?

If you are convicted of dog fighting in Wisconsin, you’re facing up to 3 years and 6 months in prison, as well as a few years of extended supervision and a fine of up to $10,000.

What Should You Do if You’re Accused of Animal Cruelty Through Dog Fighting?

If you are accused of animal cruelty through dog fighting, it is important to contact an experienced criminal defense lawyer immediately. A conviction for animal cruelty can result in significant prison time and fines, as well as a permanent ban on owning animals. An experienced criminal defense lawyer will be able to review the facts of your case and help you build the best defense possible.

What Happens to Dogs Rescued From Dog Fighting Rings in Wisconsin?

The fate of dogs rescued from dog fighting rings in Wisconsin varies depending on the individual dog’s situation. Some dogs are able to be rehabilitated and placed in loving homes, while others may need to be euthanized due to the severity of their injuries or behavioral issues.

However, the bottom line is that if you are convicted of being involved in dog fighting, you’ll most likely lose the privilege of ever owning another animal.

Do You Need to Talk to an Attorney About Dog Fighting Allegations?

If you’ve been accused of being involved in a dog fighting ring or any other animal cruelty charge, we may be able to help you. Call our office at 414-383-6700 today to schedule a free consultation with an experienced professional who can give you the guidance you need. We’ll ask you several questions about the situation, including what led up to your arrest and charges, to begin putting together a defense that gets you the best possible outcome.

Attorney Carlos Gamino

By |2022-05-20T20:05:38-05:00June 23rd, 2022|Criminal Law|0 Comments

Can You Go to Jail for Selling Your Prescription Drugs in Wisconsin?

By Carlos Gamino

In the state of Wisconsin, it’s illegal to sell drugs that are prescribed to you – even if they’re not narcotics. But what will happen to you if you sell prescriptions to a friend, a family member or even a stranger? This guide explains.

What Happens if You Sell Your Prescription Drugs in Wisconsin?

If you sell your prescription drugs, you could be charged with a felony. The offense is punishable by up to 3 years in prison and a $10,000 fine. If you sell narcotics, you could be charged with a felony and face up to 25 years in prison and a $100,000 fine. In addition, if you’re caught selling drugs near a school or park, you’ll be charged with a felony and face up to 6 years in prison and a $10,000 fine.

If you’re caught selling prescription drugs, the police will confiscate them (what you have left, anyway). They may also search your home and seize any other illegal drugs they find. If you’re caught selling narcotics, the police will also confiscate the drugs and may arrest you on the spot.

Related: What happens if you’re busted for drug dealing in Wisconsin?

Possession of Drugs With Intent to Sell

Sometimes people get prescriptions with the intent to sell them (rather than to take the drugs themselves to treat a medical condition). If the state of Wisconsin can prove that you possessed drugs with the intent to sell them, you could be charged with a serious felony. The penalties for this crime are much more severe than those associated with simple possession of drugs.

The possible penalties depend on several factors, including:

  • The type of drug you possessed
  • The amount of the drug you possessed
  • Whether you have any prior convictions

Possession of drugs with intent to sell is a very serious offense in Wisconsin. If you are charged with this crime, you should contact a criminal defense attorney immediately. An experienced lawyer can help you understand the charges against you and work to get them reduced or dismissed.

Related: Common drug offenses in Wisconsin

Do You Need to Talk to an Attorney About Selling Prescription Drugs in Wisconsin?

If you’ve been accused of selling your own (or someone else’s) prescription drugs, you may need to speak to a Wisconsin drug crime defense attorney as soon as possible. Call our office at 414-383-6700 now to schedule a free consultation. We will ask you some questions and begin to develop a strategy to get you the best possible outcome in your case.

Attorney Carlos Gamino

By |2022-05-20T20:02:35-05:00June 21st, 2022|Criminal Law|0 Comments

Can Body Cam Footage Be Used Against You in Court?

By Carlos Gamino

If you’re like many people involved in the criminal justice system, the police who arrested you were wearing body cameras at the time of your arrest. Is that possible for the police to turn that footage over to the prosecutor in your case, and if so, can the prosecutor use body cam footage against you in court? Here’s what you need to know.

Can Body Cam Footage Be Used Against You in Court?

Body camera footage is used in court every day across Wisconsin. It’s an official record of the circumstances of a person’s arrest, and it is admissible in court. In fact, body-worn camera and dashboard camera footage are often admitted at trial to corroborate a police officer version of events. This footage often includes the circumstances leading up to an arrest, during an arrest and after an arrest.

State and federal courts have acknowledged that this type of footage can be useful in verifying a police officer’s version of events. Therefore, it is admissible in court and the prosecutor in your case can use it against you.

Related: What are cybercrimes?

Body Cam Footage Goes Both Ways

In some cases, body camera footage can be used to show that a police officer acted improperly during your arrest. In a situation like that, your criminal defense attorney will request to see the footage and may ask that it be entered as evidence in your case.

Related: What is a mistake of fact in a criminal case?

Do You Need to Talk to an Attorney About Body Cam Footage of You Being Used in Court?

Regardless of the type of crime you are accused of committing, you are entitled to legal representation. Whether or not the police have body cam or dashcam footage of your arrest, you should consult with an attorney who can help you get the best possible outcome in your case. Call our office at 414-383-6700 or contact us online to schedule your free consultation with a criminal defense attorney now.

Attorney Carlos Gamino

By |2022-03-30T21:19:03-05:00June 15th, 2022|Criminal Law|Comments Off on Can Body Cam Footage Be Used Against You in Court?

What Happens if You Leave a Grocery Store Without Paying?

By Carlos Gamino

There have been several recent news stories involving people leaving grocery stores without paying for their items. With food costs skyrocketing, many people are committing this type of theft on purpose – but what will happen to you if you leave a self-checkout station without paying for your items, whether you intended to or not? This guide explains.

Leaving a Grocery Store Without Paying

Quite a bit of shoplifting happens in self-scanning checkout lanes, and it’s not always by way I’m leaving without paying for any of the items in the cart. In fact, people sometimes use what’s known as the banana trick. The banana trick involves ringing up a weighed item by entering a grocery code for a cheaper item. For example, if the item you are purchasing costs $15.99 per pound, but you ring it in as something that costs $0.49 per pound, you are committing the crime of theft.

Just like with any other theft offense, if you get caught, you could end up spending time in prison. The penalties for theft in Wisconsin are very harsh, particularly in light of the fact that this type of theft happens all the time. The state of Wisconsin’s harsh penalties are meant to deter people from committing these types of crimes.

Related: What is a mistake of fact in a criminal act?

The Idea Behind Theft: Intent

What if you accidentally steal groceries? What if the payment machine is down, doesn’t properly charge you, you accidentally input the wrong code, or something else happened outside your control?

In state of Wisconsin, you can only be charged with theft if you intended to steal something. If you accidentally stole from a grocery store, you cannot be convicted of the crime of theft. Intent is the key. You must have stolen the item (or items) on purpose. That means you made the conscious decision to leave the grocery store without paying for something; you knew you weren’t paying and you left anyway.

In court, it is the prosecutor’s responsibility to prove that you intended to steal an item. You don’t have to prove that you didn’t intend to steal it; that’s not the way it works. In order to secure a guilty verdict, a prosecutor must show that you meant to steal an item from the store.

For most people, the best thing to do after being accused of stealing from a grocery store is to work with an experienced and knowledgeable Wisconsin criminal defense attorney. Your attorney can come up with a defense strategy that gets you the best possible outcome in your case.

Related: What are your 4th Amendment rights?

Do You Need to Talk to an Attorney About Being Charged With Theft After Leaving a Grocery Store Without Paying?

If you’ve been accused of leaving a grocery store without paying for one or more items, you may need to speak to an attorney. Your attorney will look at the facts of your case, listen to your side of the story and develop a strategy that gets you the best possible outcome in court. You can call us at any time; our number is 414-383-6700. If it’s easier, you can reach out to us online to schedule a free consultation now.

Attorney Carlos Gamino

By |2022-03-30T21:17:20-05:00June 13th, 2022|Criminal Law|Comments Off on What Happens if You Leave a Grocery Store Without Paying?

Everything You Need to Know About Lie Detector Tests

By Carlos Gamino

On TV and in the movies, it’s common to see suspects of crimes taking lie detector tests. But does that happen in real life? And if it does, can the results from a polygraph be used against you in court? This guide explains.

Everything You Need to Know About Lie Detector Tests

Lie detector tests conducted on a polygraph machine are more of a “thing” in Hollywood than they are in the state of Wisconsin. Though you may hear people volunteer to take a lie detector test, these tests aren’t as common as you may think.

Can the Police Use a Lie Detector Test on You?

The most important thing you need to know about police interrogations is that police are allowed to lie to you. That means if the police are questioning you about something, they are allowed to say what they want to say in order to get you to confess to a crime. That may include telling you that they are going to hook you up to a polygraph machine to determine whether you are lying about your involvement in a criminal case – even if they have no intention of doing so (and even if they don’t have a polygraph).

And it’s true: The police are allowed to use a polygraph during interrogations. However, the results may not be admissible in court.

Can the Results of a Polygraph Be Used Against You in Court?

Under Wisconsin law, the results of a polygraph can only be used against you in court under very limited circumstances. First, you must have agreed to take the polygraph test – and you must have completed the entire test. There are a number of other factors that determine whether the results of a polygraph are admissible in court, too, which your Wisconsin criminal defense attorney can explain to you.

Should You Agree to Take a Lie Detector Test?

The biggest issue here is your consent; you should absolutely speak to an attorney before you agree to take a polygraph test, even if you are completely innocent of the crime that the police are accusing you of committing. Your attorney may advise you to refuse to take a polygraph.

Related: What are 4th Amendment rights?

Why Would an Attorney Advise You Not to Take a Lie Detector Test?

Polygraph tests are notoriously unreliable. In fact, they don’t actually measure whether a person is lying. These tests can only measure possible indications that may suggest that the person on the other end of the wires could be lying. You can fail a lie detector test even when you’re telling the truth. These tests are designed to record physiological changes that occur when you give different types of answers, including your pulse, your breathing rate, your blood pressure and your perspiration level.

The idea behind a polygraph is that a person who is telling the truth won’t demonstrate any physiological changes. However, there’s a good chance that if you are being interrogated by the police, you are at least a little nervous – even if you’ve done nothing wrong. These tests are not accurate predictors of whether a person is lying, so in many cases, attorneys recommend that their clients decline to take a polygraph.

Related: Charged with damage to property? Here’s what you need to know.

Do You Need to Talk to an Attorney About a Polygraph Test You Took?

If you’ve already taken a polygraph test, or if the police suggest that they are going to give you one, you may need to speak with an attorney right away. You always have the right to legal counsel, so call our office at 414-383-6700 or schedule a free consultation online now. We can give you the guidance you need to get the best possible outcome in your case.

Attorney Carlos Gamino

By |2022-03-30T21:15:29-05:00June 6th, 2022|Criminal Law|Comments Off on Everything You Need to Know About Lie Detector Tests

What Are the Consequences for Attempting a Crime in Wisconsin?

By Carlos Gamino

If you’re like many people come on you’ve heard of attempted crimes – but how serious are they, and can you go to prison if you’re charged with attempting a crime, even if you don’t succeed? This guide explains.

Will You Go to Prison for Attempting a Crime in Wisconsin?

You can absolutely go to prison in the state of Wisconsin for attempting a crime. Even if the crime isn’t successful, or if it does succeed but your role in it failed, you can find yourself behind bars. The bottom line is that it’s illegal to even attempt to commit a crime in the state of Wisconsin, and if you’re caught doing so, the police can (and will) come after you.

Related: What happens if you’re charged with shoplifting over the holidays?

What Statute Governs Attempted Crimes in Wisconsin?

Wisconsin Statutes § 939.32(3) governs attempts to commit crimes in our state. The law says, “An attempt to commit a crime requires that the actor have an intent to perform acts and attain a result which, if accomplished, would constitute such crime and that the actor does acts toward the commission of the crime which demonstrate unequivocally, under all the circumstances, that the actor formed that intent and would commit the crime except for the intervention of another person or some other extraneous factor.”      

That means if you do something that would lead to a successful crime, but something happens to prevent the crime from being successful, you’re still in hot water. (It’s a lot like the old Scooby-Doo cartoons; when Mystery, Incorporated caught a criminal, the criminal would always say, “And I would’ve gotten away with it, too, if it weren’t for you meddling kids!”)

Related: Talking to a lawyer about drug charges in Wisconsin

Penalties for Attempted Crime

Typically, the penalty for an attempted crime it’s half the penalty for a completed crime. That means if you would have gone to prison for two years if you had completed the crime, you’re subject to a one-year prison sentence for attempting the crime. However, there are some exceptions to the rule. Most notably, if you attempt a Class A felony, you may spend up to 40 years in prison with 20 years of extended supervision.

Related: What you need to know about juvenile delinquency cases in Wisconsin

Do You Need to Talk to an Attorney About Being Charged With an Attempted Crime?

If you’ve been charged with attempting a crime, we may be able to help you. Call our office at 414-383-6700 or get in touch with us online to set up a free consultation right away. Make no mistake: The stakes are high, and you don’t want to gamble with your future.

Attorney Carlos Gamino

By |2022-03-30T21:04:57-05:00May 30th, 2022|Criminal Law|Comments Off on What Are the Consequences for Attempting a Crime in Wisconsin?

What Happens if You Lie Under Oath?

By Carlos Gamino

When you testify in court, you swear an oath to tell the truth (and nothing but the truth). But what happens if you leave something out, or if you tell one or more outright lies? This guide explains the crime of lying under oath, which is commonly called perjury.

What is Perjury?

Perjury is the crime of lying in court. You aren’t allowed to lie when you are testifying in court; it’s such a serious offense that the state of Wisconsin (along with all other states) have made it a crime. It’s not a minor crime that courts are willing to overlook, either, because if people were able to get away with lying in court, it would upend the entire criminal justice system.

How Can You Be Convicted of Perjury?

The state of Wisconsin can convict you of perjury if it can prove that:

  • You made an oral statement
  • You were under oath or affirmation at the time you made the oral statement
  • You did not believe the statement was true at the time you made it
  • You made the statement in a proceeding before a court
  • The state was material to the proceeding

What if You Made a Mistake?

If you believe a statement is true at the time you say it, it is not considered perjury in Wisconsin. Additionally, if you make a mistake and don’t intend to lie, it’s not perjury. However, making a statement that you know is not true is definitely perjury.

Related: Being party to a crime in Wisconsin

What Are the Consequences of Lying Under Oath?

Lying under oath and committing the crime of perjury in the state of Wisconsin is considered a Class I felony. The criminal penalty for a Class I felony is imprisonment for up to 18 months in prison with an additional two years of extended supervision. You may also be ordered to pay fines of up to $10,000 if you’re convicted of perjury.

What Can You Do Instead of Lying in Court?

You should speak to your attorney about which questions you should answer if you are testifying in court. Your attorney will give you the guidance you need before your trial to help protect your rights and prevent you from lying under oath.

Do You Need to Talk to an Attorney About Perjury?

If you’ve been accused of committing the crime of perjury, you may need to speak to an attorney right away. Call our office at 414-383-6700 or schedule your free consultation online now. We can give you the guidance you need to get the best possible outcome in your case.

Attorney Carlos Gamino

By |2022-03-30T21:02:58-05:00May 25th, 2022|Criminal Law|Comments Off on What Happens if You Lie Under Oath?

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