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Will You Go to Prison if You’re a Felon in Possession of a Firearm in Wisconsin?

By Carlos Gamino

If you’re like many people, your past isn’t squeaky clean. And if you have a felony on your record, you’re not supposed to possess a firearm. But will you go to prison if you’re a felon in possession of a firearm in Wisconsin? This guide explains.

Is it Legal for Felons to Have Firearms in Wisconsin?

Felons are not allowed to possess firearms in Wisconsin. But there are others who aren’t permitted to have firearms, either, including people who:

  • Have been involuntarily committed for mental health reasons.
  • Have been convicted of a domestic violence crime.
  • Are subject to a domestic abuse restraining order.
  • Are prohibited from possessing firearms under federal law.

Related: Exactly who can carry a gun in Wisconsin

Will You Go to Prison if You’re a Felon in Possession of a Firearm in Wisconsin?

If you’re a felon in possession of a firearm in Wisconsin, you could face up to 10 years imprisonment and a $10,000 fine. If you have been convicted of a violent crime, you could face up to 20 years imprisonment and a $20,000 fine. There are also enhanced penalties if you are a felon in possession of a firearm and you use the weapon to commit a crime.

What Counts as a Firearm in Wisconsin – Especially As it Pertains to Felons in Possession?

In Wisconsin, a firearm is defined as “any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive.” This includes both guns and ammunition. It also includes devices that are not typically thought of as firearms, such as stun guns and tasers.

However, there are some exceptions to this definition. For example, antique firearms are not considered to be firearms under Wisconsin law. This is because they are not designed to be readily convertible to expel a projectile.

Another exception is for certain types of air guns. These include BB guns, pellet guns, and paintball guns. These are not considered to be firearms because they do not use an explosive to expel a projectile.

Do You Need to Talk to an Attorney About Being a Felon in Possession?

If you’ve been accused of possessing a firearm and you have felony convictions in your past, you may need to speak with an attorney who can help. Call our office at 414-383-6700 now to schedule a free consultation with an experienced professional who can give you the guidance you need.

Attorney Carlos Gamino

By |2022-07-19T13:52:35-05:00September 29th, 2022|Criminal Law|0 Comments

Will You Go to Jail for Traffic Crimes in Wisconsin?

By Carlos Gamino

For the most part, traffic tickets aren’t criminal offenses – and that means you’re unlikely to spend time in jail over them. However, there are some crimes that overlap with traffic offenses; for those, the state of Wisconsin could put you behind bars. This guide explains.

Can You Go to Jail Over Traffic Offenses in Wisconsin?

The most common traffic tickets in Wisconsin involve speeding, failing to make a complete stop at a stop sign or traffic light, and failing to wear a seatbelt. Usually when the police catch someone violating traffic laws, they pull the person over and issue them a citation (ticket). You can pay the fine for the traffic offense and accept demerit points on your license, or you can dispute the ticket in court. If you choose to dispute the ticket, you may defend yourself or work with an attorney.

Related: What happens if you fight while being arrested?

In most traffic cases, jail isn’t even on the table. Though a violation of the law led to your ticket, you can typically resolve it by paying a fine and accepting points on your license. (When you earn too many points on your license, the state will suspend your driving privileges.)

But in some cases, traffic offenses are tied into crimes that do lead to jail or prison time, such as:

  • Drunk driving
  • Reckless driving
  • Driving on a suspended or revoked license
  • Being a habitual traffic offender
  • Fleeing or eluding an officer
  • Driving or operating a vehicle without the owner’s consent
  • Vehicular homicide

If you’re convicted of a misdemeanor or felony traffic offense, you could be facing time behind bars.

Do You Need to Talk to an Attorney About Traffic Offenses?

If you’ve been accused of any traffic offense – whether you received a citation or you’re facing misdemeanor or felony charges – we may be able to help you. Our experienced and committed attorneys are well-versed in traffic and criminal laws in the state of Wisconsin, and we know what it takes to help your clients get the best possible outcome. Call our office right now at 414-383-6700 to schedule a free consultation; we’ll be happy to get you on the right path.

Attorney Carlos Gamino

By |2022-07-19T13:50:58-05:00September 27th, 2022|Criminal Law, Traffic Offenses|0 Comments

Can Police Enter Your Home Without a Reason?

By Carlos Gamino

It happens on TV and in movies all the time – police kick in someone’s door, enter the living room and start shouting. But don’t the police need a reason to enter your home (especially without your consent)? This guide explains when and why the police are allowed to enter someone’s home.

Can the Police Barge Into Your Home With No Reason?

Before you read any further, know that the police must have a reason for entering your home. They don’t necessarily need a warrant, but they do need a reason.

When Do Police Need a Warrant?

Often, police need a warrant with a judge’s signature to enter your home. To get a warrant, they must explain to a judge that they have a valid need to get into your space – and the judge must agree with them.

Here’s an example that would most likely get a judge to sign off on a warrant: If the police haven’t seen you commit a crime, but they watched you carry mysterious duffel bags into your home just hours before known drug dealers start visiting you and leaving with smaller duffel bags, they may be able to convince a judge that you probably have loads of drugs inside your home. The judge may give them the green light to enter your home and look for those drugs.

But here’s an example that a judge may not agree with: The police haven’t seen you commit a crime, but they saw you talking to a drug dealer outside your local Walmart earlier that day. You gave the drug dealer a slip of paper, got into your car and left. In a case like this, the judge would probably want the police to provide a better reason for entering your home.

Related: What will happen to you if you fight with police?

When Can Police Enter Your Home Without a Warrant?

Sometimes police don’t need a warrant at all, and they’re allowed to enter your home without your (or a judge’s) permission. If the police enter your home to arrest you, they’re allowed to search the immediate area of the arrest. Additionally, if the police can see criminal evidence in plain sight, they’re allowed to seize it – and the evidence may give them probable cause to search more.

If the police believe you have a dangerous weapon and that you may use it against them, or if they suspect that you have evidence but will move it from your home before they can get a warrant, they’re allowed to search your home without a warrant. Likewise, if the police think someone in your home is in danger or if they follow someone into a home because that person has committed a crime, they’re allowed to search.

Related: What is disorderly conduct in Wisconsin?

Do You Need to Talk to an Attorney About a Police Search?

If the police have searched your home and found evidence of a crime, we may be able to help you with your criminal charges. We’ll take a deep-dive into whether the police obtained the evidence legally, and if they didn’t, we may be able to prevent it from being shown in court.

Call our office at 414-383-6700 now to schedule a free consultation with a Wisconsin criminal defense attorney. We’ll answer your questions about search and seizure as it pertains to your case, and we can give you the peace-of-mind you need.

Attorney Carlos Gamino

By |2022-07-19T13:48:17-05:00September 22nd, 2022|Criminal Law|0 Comments

When Does Self-Defense Turn Into Battery?

By Carlos Gamino

If you’re like many people, you’re well aware that you’re allowed to defend yourself when someone is attempting to harm you. Self-defense, at least in this arena, is about defending yourself through the use of physical force. For example, you probably already know that it’s okay to push someone off you if they’re attempting to punch you. You probably also know that it’s okay to fight back if someone is swinging on you.

But what you may not know is where the line between self-defense and battery lies.

The Line Between Self-Defense and Battery

It’s one thing to fight back when someone is hitting you – but it’s another matter to beat the daylights out of someone who punched you once. The former is self-defense, but the state of Wisconsin would most likely consider the latter a form of battery.

Battery is the act of causing bodily harm, substantial bodily harm or great bodily harm to another person:

  • Bodily harm is physical pain or injury, an impairment of a physical condition, or an illness.
  • Substantial bodily harm is an injury that causes a cut so severe that it requires tissue adhesive, stitches or staples. An injury involving a broken bone, burn, ruptured blood vessel or capillary, or temporary loss of consciousness, hearing or sight is also considered substantial bodily harm. So is one that involves a concussion or a tooth fracture or loss.
  • Great bodily harm is an injury that creates a substantial risk of death or causes serious disfigurement. It’s also an injury that causes a prolonged or permanent loss or impairment of any part of the body (including organs), as well as any other serious bodily injury.

But here’s where things get tricky: Any of these levels of bodily harm may be necessary to stop someone from harming you – but some are “overdoing” it. It all depends on the level of force necessary to stop someone from harming you (or someone else).

Related: What is disorderly conduct in Wisconsin?

If you’re a 6-foot-tall, 190-pound MMA fighter and a 4-foot-tall, 90-pound person punches you in the arm, kicking them in the head is probably going to get you into trouble. But if you’re a 4-foot-tall, 90-pound person and a 6-foot-tall, 190-pound MMA fighter attempts to punch you, the circumstances change; it would most likely take more to stop that person from hitting you.

That means self-defense is very subjective – and most people who are accused of battery can benefit from talking to an attorney about their situations.

Do You Need to Talk to an Attorney About Self-Defense and Battery Charges?

If you’ve been accused of battery for defending yourself, we may be able to help you explain your side of the story in court. Though we can’t predict how a judge will rule, we can give you the guidance and legal advice you need to get the best possible outcome. Call our office at 414-383-6700 now for a free consultation – we’d love the opportunity to help.

Attorney Carlos Gamino

By |2022-07-19T13:46:41-05:00September 20th, 2022|Criminal Law|0 Comments

Everything You Need to Know About Parole (Extended Supervision) Violations in Wisconsin

By Carlos Gamino

If your parole (extended supervision) agent believes that you violated a condition of your supervision, they may issue a warrant against you. That warrant authorizes your arrest, and when the police pick you up, you’ll be held in jail until the situation is resolved. The first thing you need to know about parole / extended supervision violations is that you have the right to legal counsel; that means you may hire an attorney to represent you.

With that said, you still have rights – even if your parole or extended supervision officer believes you violated the conditions of your parole.

Everything You Need to Know About Parole Violations in Wisconsin

In the state of Wisconsin, parole may also be called extended supervision. The Wisconsin Department of Corrections overseas extended supervision, which allows convicted offenders to live in their communities while checking in with an official from time to time and completing certain tasks. If you are on extended supervision, you only complete your sentence (the sentence a judge gave you after the state convicted you of a crime) after you have completed your extended supervision, as well As any jail time or prison time you were sentenced to serve.

While you’re on extended supervision, you may be required to meet certain conditions, such as attending alcohol or substance abuse treatment programs, staying away from certain people, Or performing a specific amount of community service. Make no mistake: if you fail to meet these conditions, your parole officer may find that you have violated parole.

Related: What is disorderly conduct?

What Happens if You Violate Parole or Extended Supervision?

If you violate the conditions of your parole, your parole officer can have a warrant issued for your arrest. In that case, you may lose your parole – and that means you go back to prison.

Generally speaking, it’s best to have an attorney’s guidance if you’re accused of violating your probation, parole, or extended supervision. Your attorney can help preserve your rights and may be able to help you avoid revocation of your parole, probation, or extended supervision. Though no attorney can guarantee a specific result in any case, many people find that working with an attorney helps them get the best possible outcome.

Related: What crimes are considered violent felonies in Wisconsin?

Do You Need to Talk to an Attorney About Parole Violations?

If your parole officer has accused you of violating your probation, parole, or extended supervision, we may be able to help you avoid revocation period call our office at 414-383-6700 now to schedule a free consultation with an experienced attorney who can give you the legal guidance you need.

Attorney Carlos Gamino

By |2022-07-19T13:44:48-05:00September 15th, 2022|Criminal Law|Comments Off on Everything You Need to Know About Parole (Extended Supervision) Violations in Wisconsin

Will You Go to Jail if You’re Caught With a Prescription That Isn’t Yours?

By Carlos Gamino

Can you get into trouble in the state of Wisconsin for possessing a prescription medication that isn’t yours? The short answer is sometimes.

First things first: It’s okay to pick up, transport or hold many types of prescriptions for someone else. For example, you can go to the pharmacy and pick up an antibiotic for your friend who’s too sick to travel, bring your girlfriend’s prescription birth control pills to her house after she left them at yours, or bring insulin to your grandfather’s house.

It’s not okay to possess narcotics and other controlled substances that aren’t yours with the intent to use or sell them to someone else. In fact, even if the police think you have the intent to use these types of drugs, the state may have enough to convict you of a crime.

Related: What happens if you sell your prescription drugs in Wisconsin?

Types of Prescriptions That Can Get You Into Trouble in Wisconsin

Though the list of drugs that could get you into trouble in Wisconsin is far too long for this article, the following table includes several examples that can lead to criminal charges.

AdderallKlonopinRitalin
AmbienLorcetSteroids
AmphetaminesLortabTHC
BupenorphineMethylphenidateValium
ConcertaMydayisViagra
DaytranaOxycodoneVicodin
FentanylOxycontinXanax
GabapentinPercocetZopiclone
HydrocodonePercodan 

What Should You Do if Police Accuse You of Possessing Illegal Prescriptions?

Regardless of the situation, you should never discuss the specifics of your situation with police Without talking to an attorney first period even if you are simply transporting medication from one place to another to help a friend or family member out, remain silent and let the police know that you’d like to speak to an attorney. That’s because you can face serious penalties for possessing a prescription that isn’t yours, even if you never intend to use it and plan to deliver it directly to the person it belongs to.

Related: Which crimes are “violent felonies” in Wisconsin?

Do You Need to Talk to an Attorney About Illegal Possession of Prescription Drugs?

If the state of Wisconsin has accused you of illegally possessing prescription drugs, we may be able to help you. Call our office right away at 414-383-6700 to schedule a free consultation with a Wisconsin drug possession attorney who can help preserve your rights and give you the legal advice you need.

Attorney Carlos Gamino

By |2022-07-19T13:39:16-05:00September 13th, 2022|Criminal Law|Comments Off on Will You Go to Jail if You’re Caught With a Prescription That Isn’t Yours?

Will You Go to Prison for Identity Theft in Wisconsin?

By Carlos Gamino

Identity theft is a crime in the state of Wisconsin, and it could put you behind bars. This guide explains the potential consequences of felony identity theft, as well as gives you tips on what to do if the state accuses you of this crime.

Will You Go to Prison for Identity Theft in Wisconsin?

Identity theft is a Class H felony in our state, which means a judge can sentence you to three years of confinement in prison followed by three years of extended supervision. The judge in your case may also sentence you to pay fines of up to $10,000. Those are serious penalties – and if the state convicts you, they’re all on the table. naturally, judges can sentence you to less time and lower fines, but there’s never any way to predict how a judge will rule.

Related: What happens if you fight against police when they arrest you?

The Basics on Identity Theft

Under Wisconsin law, the state is allowed to charge you with identity theft if you use another person’s identifying information or documents, including checkbooks, credit cards, and money transfer apps like CashApp, Venmo or Zelle (or any number of others) in order to gain anything of value or benefit.

As with any other crime, the state is required to prove that you’re guilty. In a situation like this, the state of Wisconsin would be required to show a judge that you intentionally used someone else’s information to gain a benefit, and that you didn’t have their permission to do so.

For example, if you use your friend’s credit card with their consent, you’re fine. Your friend knows you’re using it and gave you permission, so the state can’t find you guilty of identity theft. However, if you use a stolen credit card, or one that you know doesn’t belong to you (and that you don’t have permission to use), a judge can convict you of identity theft and send you to prison.

Related: Which crimes are “violent felonies” in Wisconsin?

Do You Need to Talk to an Attorney About Identity Theft Charges?

If the state of Wisconsin has accused you of identity theft, we may be able to help you. Please call our office at 414-383-6700 to schedule a free consultation with an experienced identity theft attorney who can give you the legal guidance you need. We’ll answer your questions and help you get the best possible outcome in your case.

Attorney Carlos Gamino

By |2022-07-19T13:37:13-05:00September 8th, 2022|Criminal Law|Comments Off on Will You Go to Prison for Identity Theft in Wisconsin?

Can You Get in Trouble for Refusing to Answer Police’s Questions?

By Carlos Gamino

Can you get into trouble for refusing to talk to the police? Many people believe you can – but it’s not quite that simple, so this guide explains.

Can You Get in Trouble for Refusing to Answer Police’s Questions?

First things first: the police can ask you as many questions as they’d like to ask you. That’s true whether you’ve been officially detained (arrested) or they’re simply talking to you on the street.

You are not obligated to answer them, even if they are detaining or arresting you. If you do answer questions, the only things you’re legally required to do is provide truthful answers.

With that said, there are ways to exercise your right to remain silent that can help your case, and there are ways that can hurt it. Check out the following tips to use your right to remain silent and avoid answering questions:

  1. Stay calm. Do not, under any circumstances, run from police – even if you have a warrant out for your arrest or are in the middle of committing a crime. If you run, that’s another potential criminal charge, and you don’t need to fight multiple charges.
  2. Think very carefully about your words, your movement and your body language. Never, ever argue with police, even if you’re completely innocent or they have certain facts wrong when they’re talking to you. Keep your hands in plain view, and never touch a police officer. Do not resist if they arrest you; resisting arrest is yet another criminal charge, and they’re going to arrest you anyway – so there’s no need to make things harder on yourself.
  3. Say (calmly) to the police, “I do not want to talk. Am I free to go?” If the police say yes, walk away calmly. If the police say no, ask (again, calmly), “Why am I being detained?”
  4. Ask for an attorney immediately if you are detained. Tell the police that you want to speak to your lawyer and avoid answering any questions or making any statements about the incident that led to your conversation with the police.

Related: What happens if you run from the cops in Wisconsin?

Remember, if the police are not arresting (detaining) you, there’s no reason to stick around. If you stick around, they may attempt to engage you in conversation, and if they suspect you of committing a crime, that conversation probably won’t work in your favor.

If the police are arresting you, you may exercise your right to remain silent. Simply tell the police you don’t want to talk and that you would like to speak to an attorney. Then, call our office immediately. We’ll take it from there.

Related: What happens if you resist arrest?

Do You Need to Talk to an Attorney About Refusing to Talk to Police?

If the police have arrested you, the best thing you can do is remain silent, even if you’re completely innocent. Call our office at 414-383-6700 immediately. We can tell you what to do next, and we’ll be present the next time the police want to talk to you so we can preserve your rights.

Attorney Carlos Gamino

By |2022-07-19T13:33:29-05:00September 1st, 2022|Criminal Law|Comments Off on Can You Get in Trouble for Refusing to Answer Police’s Questions?

Is it Identity Theft if You Use Someone Else’s Credit Card?

By Carlos Gamino

In the state of Wisconsin, credit card fraud is a form of identity theft. That means if the state convicts you of using someone else’s credit card, you could end up spending time in prison period this guide explains.

Is Using Someone Else’s Credit Card Considered Identity Theft?

Wisconsin law it’s very clear: if you intentionally use or attempt to use, or even possess with the intent to use, another person’s credit card without their authorization in an attempt to obtain anything of value or benefit, the state can charge you with identity theft. If the state can prove that you knew what you were doing, the credit card wasn’t yours, and you used, attempted to use, or intended to use it to get something of value, a judge can sentence you to prison time.

Is Identity Theft a Felony in Wisconsin?

Identity theft is a Class H felony in the state of Wisconsin. As you may know, felonies are more serious than misdemeanors. The penalty for a Class H felony is up to three years of confinement in prison, up to three years of extended supervision, and up to $10,000 in fines.

Related: What happens if you run from the cops in Wisconsin?

What Should You Do if the State Charges You With Identity Theft for Using Someone Else’s Credit Card?

Usually, the best thing you can do if the state charges you with identity theft for using someone else’s credit card is to reach out to an attorney. An experienced criminal defense attorney in Wisconsin can help preserve your rights every step of the way, and they’ll be there to answer your questions, walk you through interviews with investigators, and defend you in court.

Although no attorney can ever guarantee the outcome of a case, a good attorney will be able to look at the circumstances surrounding yours and let you know how your case may play out in court. Your attorney can also give you legal advice when it comes to pleading guilty or not guilty, speaking with investigators, and even presenting yourself appropriately in the courtroom.

Related: Do kids go to juvenile detention for theft convictions in Wisconsin?

Do You Need to Talk to an Attorney About Identity Theft Charges?

If the state of Wisconsin has accused you of identity theft because you used someone else’s credit card, whether or not the allegations are true, we’re here to help. Please call our office at 414-383-6700 to schedule your free consultation with one of our attorneys now. We can answer your questions and give you the legal guidance you need to get the best possible outcome in your case.

Attorney Carlos Gamino

By |2022-07-19T13:28:40-05:00August 30th, 2022|Criminal Law|Comments Off on Is it Identity Theft if You Use Someone Else’s Credit Card?

3 Things You Need to Do if You’re Charged With Employee Theft

By Carlos Gamino

Employee theft – sometimes called embezzlement – is a serious crime in the state of Wisconsin. In fact, in some cases it’s actually a felony. So what should you do if someone accuses you of embezzlement? This guide explains.

3 Things You Need to Do if You’re Charged With Employee Theft

If you’re accused of employee theft or embezzlement, these are the three things you need to do:

  1. Contact an attorney immediately.
  2. Avoid making any statements to the police or other investigators.
  3. Do not talk to anyone but an attorney about your case.

Here’s a closer look at each.

Employee Theft Tip #1: Contact an Attorney Immediately

For most people, the best first step after an accusation is to contact an attorney. Your attorney will be there to help preserve your rights, answer your questions and help you get the best possible outcome in your case.

Usually, attorneys offer free consultations. During this time, you have the opportunity to ask questions about your case, ask the attorney how they think your case may play out, and ask about the attorney’s fee structure. You can make your hiring decision after speaking to an attorney during a free consultation.

Related: What happens if you run from the cops in Wisconsin?

Employee Theft Tip #2: Avoid Making Statements to Investigators

Even if you’re completely innocent, you should avoid making any statements to police or investigators assigned to your case. That’s because the police are trained to get you to confess to a crime. even if you don’t confess to a crime, the things you say to the police can, and most likely will, be used against you in court. Jails and prisons all over the United States are filled with people who didn’t actually commit the crimes they’re accused of, and you don’t want to add your name to that list.

Employee Theft Tip #3: Don’t Talk to Anyone (Except Your Attorney) About Your Case

You should never talk to anyone except your attorney about your case. Keep silent until you talk to an attorney. Sometimes, the things you say to other people can come back to haunt you in court.

Related: Do teens go to “juvie” for theft in Wisconsin?

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

If your employer has accused you of embezzlement or you’re facing employee theft charges, we may be able to help you. Call our office at 414-383-6700 now to schedule your free consultation with an experienced attorney who can give you the guidance you need.

Attorney Carlos Gamino

By |2022-07-19T11:44:13-05:00August 25th, 2022|Criminal Law|Comments Off on 3 Things You Need to Do if You’re Charged With Employee Theft

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