Criminal Law Archives - Gamino Law Offices, LLC

What are the Repercussions of Fleeing an Officer in the State of Wisconsin?

In Wisconsin, fleeing or attempting to elude a police officer is considered a serious offense. The legal consequences can vary based on factors such as the circumstances of the incident, whether anyone was injured, and whether there was property damage. Generally, fleeing an officer can result in charges such as:

Fleeing an Officer (Wisconsin Statutes 346.04): This is a misdemeanor offense, and penalties can include fines, probation, and potential jail time.

Recklessly Endangering Safety (Wisconsin Statutes 941.30): If attempting to flee the officer places others in danger, this charge can be applied. It’s a felony offense and carries more severe penalties, including possible imprisonment.

Causing Bodily Harm While Fleeing (Wisconsin Statutes 346.04(3)): If the offender causes bodily harm to another person while fleeing the officer, this can result in felony charges, with potentially significant fines and potential imprisonment.

Causing Death While Fleeing (Wisconsin Statutes 346.04(4)): If the act of fleeing leads to someone’s death, this can result in very serious felony charges and much more harsh repercussions including, major fines, and significant jail time.

Property Damage (Wisconsin Statutes 346.04(2)): If fleeing results in property damage, this can lead to additional charges and restitution.

It’s important to note that the penalties can vary depending on the specific details of the situation, prior criminal history, and the discretion of the court.

Do You Need to Speak to an Attorney About Charges of fleeing an officer?

If you’ve been charged with fleeing an officer, call our office at 414-383-6700 to schedule a consultation with a Wisconsin criminal defense lawyer who can provide the guidance you need.

By Tedia Gamino|2023-11-01T19:29:22-05:00December 1st, 2023|Criminal Law, Traffic Offenses|0 Comments

Does Drunk Driving in Wisconsin Mean Jail Time?

Really there is no right or wrong answer to this question. Drunk driving in Wisconsin (also known as Operating While Intoxicated or OWI) can result in jail time, among other penalties. The severity of the punishment depends on various factors, including the number of prior offenses, the level of blood alcohol concentration (BAC), and whether any injuries occurred as a result of drunk driving.

First Offense Operating Under While Intoxicated or Operating with a Prohibited Alcohol Concentration in Wisconsin

Generally, in Wisconsin, first offense operating under the influence offenses are not considered crimes. However, that can change if there is an accident or if there are minors in the car, or for other reasons that may make a first drunk driving offense in Wisconsin into a crime. Absent other factors, for a first-time OWI offense in Wisconsin, the penalties could normally include:

License Suspension: Your driver’s license could be suspended for a certain period of time.

Fines: You may be required to pay fines, which can vary based on the circumstances.

Ignition Interlock Device: In some cases, you may be required to install an ignition interlock device in your vehicle, which prevents the vehicle from starting if alcohol is detected on your breath.

Alcohol Assessment and Treatment: You might be required to complete an alcohol information assessment and attend an alcohol education or treatment program.

Possible Jail Time: Your first offense could potentially result in jail time, however after your first occurrence there is mandatory jail time required by the state.

Second or Subsequent Driving Under the Influence Offenses in Wisconsin

For subsequent offenses, the penalties become more severe, including longer license suspensions, higher fines, mandatory jail time, and even the possibility of felony charges for multiple offenses. You can find more information about Wisconsin felony drunk driving offenses here.

Do You Need to Speak to an Attorney About the repercussions of Drunk Driving?

If you want to know what could happen if you are charged with drunk driving, call our office at 414-383-6700 to schedule a free consultation with a Wisconsin DUI attorney who can provide the guidance you need. Be careful and take care this holiday season and remember, police are looking for drunk drivers even more carefully over the holidays!

By Tedia Gamino|2023-11-01T19:09:30-05:00November 30th, 2023|Criminal Law, Traffic Offenses|0 Comments

Can I go to Jail for Speeding in Wisconsin?

Speeding violations in Wisconsin are typically considered civil traffic offenses rather than criminal offenses. However, in certain circumstances, excessive speeding or repeated violations can lead to more serious consequences, including potential jail time. Here’s a breakdown of how it generally works:

Consequences for Speeding in Wisconsin

Civil Traffic Offenses: Most speeding tickets in Wisconsin are treated as civil traffic offenses. When you receive a speeding ticket, you’ll typically have to pay a fine, and it may result in points against your driving record. The severity of the penalty depends on how much you exceeded the speed limit, whether it’s a first-time offense, and your overall driving record.

Excessive Speeding: If you are caught driving at a significantly high speed above the posted limit, you could face more severe penalties, including the possibility of a jail sentence if your driving is considered reckless or could be classified as a more serious offense. Excessive speeding is often defined as driving at 25 mph or more above the posted speed limit. Penalties for excessive speeding can include fines, license suspension, and even up to 30 days in jail for a first offense.

Reckless Driving: In some cases, if your speeding is extremely dangerous or reckless, you could be charged with reckless driving, which is a criminal offense in Wisconsin. Reckless driving convictions in Wisconsin can result in more severe penalties, including fines, license suspension, and potentially up to one year in jail. Also, speeding in Wisconsin may give police a reason to stop your car and investigate you for other offenses such as drunk driving or possession of illegal substances or weapons.

Multiple Offenses: Repeated speeding violations can lead to increased fines, longer license suspensions, and a greater likelihood of facing jail time, especially if your driving record shows a pattern of disregard for traffic laws.

It’s important to note that penalties for speeding can vary depending on the specific circumstances of the offense, previous traffic violations, and the discretion of law enforcement and the court.

Do You Need to Speak to an Attorney about a traffic law violation?

If you want to know what could happen as the result of a traffic law violation, call our office at 414-383-6700 to schedule a free initial consultation with one of our Wisconsin traffic lawyers who can provide the guidance you need.

By Tedia Gamino|2023-11-01T18:58:13-05:00November 27th, 2023|Traffic Offenses|0 Comments

What Will Happen if I Am Charged for Possession of Marijuana in Wisconsin?

Marijuana is legal in many states, but not in Wisconsin. If you were caught with possession of marijuana in Wisconsin, you could face criminal penalties. Penalties for possessing marijuana (thc) in Wisconsin often depend on the amount of marijuana you had in your possession and whether it was your first offense. Here are some general guidelines, but keep in mind that laws can change, so it’s essential to consult with an attorney or check the most up-to-date legal resources.

Possible Penalties for Possessing Marijuana in Wisconsin

1. First Offense (Simple Possession Less than 25 grams): Possession of any amount of marijuana for personal use is considered a misdemeanor when it is your first drug offense in Wisconsin, but quantity can be a factor in determining whether it was for personal use. Possessing larger quantities of marijuana in Wisconsin may be considered possession with intent to deliver, which is a felony.

2. Subsequent Offenses: If you were caught with marijuana again after a prior offense, the penalties could be more severe, including longer jail sentences and higher fines.

3. Possession with Intent to Distribute: If you were caught with a larger amount of marijuana, or if law enforcement believed you intended to sell or distribute it, the penalties could be much more severe and could include felony charges.

4. Medical Marijuana: While some states have legalized medical marijuana, Wisconsin has not. Even if you had a medical condition that could be treated with marijuana, it was not a legal defense for possession of thc in Wisconsin.

4. Paraphernalia: Possession of drug paraphernalia, such as pipes or other equipment used for consuming marijuana, was also prohibited and could result in its own set of penalties.

Do You Need to Speak to an Attorney About Charges of Possession of Marijuana?

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

By Tedia Gamino|2023-11-01T18:48:09-05:00November 23rd, 2023|Criminal Law|0 Comments

What Will Happen to Me if Charged with a Prostitution Offense in Milwaukee or Wisconsin?

Prostitution laws in Wisconsin are primarily governed by state statutes. Engaging in prostitution or related offenses can lead to criminal charges.

Prostitution Offenses:

1. Prostitution: Engaging in or offering to engage in sexual activity in exchange for money or other goods or services is generally considered prostitution. Both the individual offering sexual services for compensation and the person paying for those services can face charges.

2. Solicitation: Solicitation of prostitution involves seeking to hire or hire out sexual services. This offense is committed by those attempting to pay for sexual services.

3. Pandering: Pandering, also known as pimping, is when someone profits from the prostitution of another person. This can involve promoting or facilitating prostitution.

Potential Consequences for Prostitution in Wisconsin:

1. Misdemeanor Charges: Prostitution and solicitation are generally classified as misdemeanor offenses.

2. Pandering: Pandering is typically a felony offense in Wisconsin. Penalties can be more severe.

3. Diversion Programs: In some cases, first-time offenders may be eligible for diversion programs or treatment rather than traditional criminal penalties.

4. Sex Offender Registration: Depending on the specific circumstances, individuals convicted of prostitution-related offenses in Wisconsin may be required to register as sex offenders.

Do You Need to Speak to an Attorney about a Prostitution Offense?

If you want to know what could happen as a result of a Wisconsin prostitution offense, call our office at 414-383-6700 to schedule a consultation with one of our criminal defense attorneys in Milwaukee who can provide the guidance you need.

By Tedia Gamino|2023-11-01T18:37:42-05:00November 20th, 2023|Criminal Law|0 Comments

Can I Go to Jail for Trafficking Narcotics?

If you are caught trafficking narcotics in Wisconsin, you can face severe legal consequences, including imprisonment and significant fines. The penalties for narcotics trafficking in Wisconsin depend on several factors, including the type and quantity of narcotics involved, your criminal history, and other circumstances of the case.

1. Criminal Charges:

Trafficking narcotics is a serious criminal offense in Wisconsin. You can be charged with drug trafficking under state law.

2. Type and Quantity of Narcotics:

The penalties for drug trafficking vary depending on the type and quantity of narcotics involved. Wisconsin law categorizes controlled substances into different schedules, with more severe penalties for Schedule I and II drugs, which are considered the most dangerous.

3. Penalties:

Penalties can include substantial prison sentences. Fines can also be substantial.

4. Felony Charges:

Trafficking narcotics is typically charged as a felony offense in Wisconsin. Felony convictions can have long-lasting consequences on your record and future opportunities.

5. Prior Criminal History:

Your criminal history can influence the severity of the penalties. If you have prior drug-related convictions or other criminal offenses, it could result in more severe penalties.

6. Federal Charges:

In some cases, drug trafficking may be pursued as a federal offense, particularly if the trafficking operation crosses state lines or involves large quantities of drugs. Federal penalties can be even more severe than state penalties.

7. Forfeiture of Assets:

In addition to criminal penalties, law enforcement may seek the forfeiture of assets associated with drug trafficking.

Do You Need to Speak to an Attorney about a Wisconsin Drug Trafficking Charge?

If you want to know what could happen as the result of a Wisconsin drug trafficking charge in Milwaukee or elsewhere, call our office at 414-383-6700 to schedule a consultation with one of our attorneys who can provide the guidance you need.

By Tedia Gamino|2023-11-01T18:30:21-05:00November 16th, 2023|Criminal Law|Comments Off

What is Considered a Weapons Offense in Wisconsin?

Weapons offenses in Wisconsin encompass a range of illegal activities involving firearms, knives, and other weapons. The penalties for a weapons offense in Wisconsin can vary depending on the specific offense, the type of weapon involved, and your prior criminal history.

1. Carrying a Concealed Weapon:

In Wisconsin, you generally need a concealed carry license to carry a concealed firearm. If you are found carrying a concealed weapon in Wisconsin without a valid permit, you may face criminal charges. The penalties can vary but may include fines and possible jail time.

2. Felon in Possession of a Firearm:

It is illegal for individuals with certain felony convictions to possess firearms in Wisconsin. Being a felon in possession of a firearm is a serious offense and can result in significant penalties.

3. Illegal Possession of a Dangerous Weapon:

Some weapons, such as switchblade knives and brass knuckles, are prohibited in Wisconsin. Possessing these weapons without a valid legal reason can result in criminal charges.

4. Carrying a Weapon in a Restricted Area:

Certain areas, such as government buildings, schools, and courthouses, have restrictions on carrying weapons. Violating these restrictions can lead to criminal charges.

5. Reckless Use of Firearms:

Recklessly discharging a firearm or endangering others with a weapon can result in criminal charges.

6. Illegal Sale or Transfer of Firearms:

Engaging in the illegal sale or transfer of firearms, such as selling a firearm to a prohibited person, can lead to criminal charges.

Consequences for Weapons Offense in Wisconsin

The specific consequences for a weapons offense in Wisconsin depend on the nature and severity of the offense. Some weapons offenses are classified as misdemeanors, while others are felonies, which generally carry more severe penalties, including longer prison sentences.

Do You Need to Speak to an Attorney about a Weapon Offense?

If you want to know what could happen as the result of a weapon offense, call our office at 414-383-6700 to schedule a free initial consultation with one of our Wisconsin gun crime lawyers who can provide the guidance you need.

By Tedia Gamino|2023-11-01T18:23:23-05:00November 13th, 2023|Criminal Law|Comments Off

What is Considered a Violent Crime in Wisconsin?

It’s important to consult with an attorney if you are facing charges for a violent crime in Wisconsin. An attorney can provide guidance specific to your situation and help you understand the potential penalties you may face, as well as options for defense and/or mitigating the consequences you might face. Legal outcomes can vary greatly, and a skilled Wisconsin criminal attorney can work to protect your rights and provide the best possible defense.

Violent Crimes

1. Homicide: The unlawful killing of another person

2. Assault: The intentional infliction of bodily harm or the threat to inflict harm on another person.

3. Robbery: The use of force, intimidation, or the threat of force to take another person’s property.

4. Sexual Assault: Non-consensual sexual contact or intercourse with another person.

5. Kidnapping: The unlawful abduction or restraint of another person against their will.

6. Domestic Violence: Violent acts committed within the context of a domestic relationship, such as spousal abuse or child abuse.

Penalties

1. Incarceration: This can range from probation or community service to lengthy prison sentences.

2. Fines: Courts may impose fines.

4. Restitution: Defendants may be required to compensate victims for their losses.

6. Loss of Rights: Conviction for certain violent crimes may result in the loss of certain civil rights.

Do You Need to Speak to an Attorney about a Violent Crime Offense in Wisconsin?

If you want to know what could happen as a result of a violent crime offense in Milwaukee or anywhere in Wisconsin, call our office at 414-383-6700 to schedule a consultation with one of our Milwaukee criminal defense attorneys who can provide the guidance you need.

By Tedia Gamino|2023-11-01T18:14:25-05:00November 9th, 2023|Criminal Law|Comments Off

What Happens if I Am Supposed to Register as a Sex Offender in Wisconsin?

By: Tedia Gamiño

In Wisconsin, individuals who are required to register as sex offenders must comply with Wisconsin sex offender registration laws. The duration of registration and specific requirements can vary depending on the offense and other factors. It’s essential to consult with an attorney, if you have questions about your specific situation. Wisconsin sex crimes lawyers can provide guidance on your obligations, potential eligibility for early termination, and help you navigate the legal process.

1. Registration Period: The length of time you are required to register as a sex offender in Wisconsin depends on the specific offense and its classification.

– Tier 1: Registration is typically required for 15 years.

– Tier 2: Registration is typically required for 25 years.

– Tier 3: Registration is typically required for life.

2. Early Termination: Under certain circumstances, individuals may be eligible for early termination of their registration requirements.

3. Registration Requirements: Individuals required to register as sex offenders in Wisconsin must provide detailed information about themselves, including their address, employment, and other personal details, to the Wisconsin Department of Corrections.

4. Public Access: Information about registered sex offenders is typically made available to the public through the Wisconsin Sex Offender Registry.

Do You Need to Speak to an Attorney About Charges of a Sex Offense?

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

By Tedia Gamino|2023-11-01T09:26:25-05:00November 6th, 2023|Criminal Law|Comments Off

What Happens to Me if I Flee an Officer?

By: Tedia Gamino

Fleeing or attempting to flee from a law enforcement officer in Wisconsin can lead to serious legal consequences. Fleeing an officer is typically treated as a crime, and the severity of the penalties may depend on the specific circumstances, your intentions, and whether any injuries or property damage occur as a result. If you are charged with fleeing an officer in Wisconsin, you should consult with an attorney who can provide legal advice and representation to help protect your rights and navigate the legal process. The specific penalties and legal consequences will depend on the unique circumstances of your case.

In Wisconsin, the penalties for fleeing an officer can include:

1. Criminal Charges:

You may be charged with a crime for fleeing or eluding an officer, such as a misdemeanor or a felony, depending on the circumstances. The exact charge and its classification can vary based on factors like the speed of the pursuit, whether you have prior convictions, and whether anyone was injured during the pursuit.

2. Jail or Prison Time:

If convicted of eluding an officer or fleeing, you could face imprisonment. The length of the sentence will depend on the severity of the offense.

3. Fines:

Fines are a common penalty for fleeing an officer.

4. Driver’s License Suspension:

Conviction for fleeing an officer can result in the suspension of your driver’s license.

5. Criminal Record:

A conviction for eluding an officer will result in a criminal record.

6. Increased Penalties for Repeated Offenses:

If you have prior convictions for eluding or related offenses, you may face more severe penalties.

Do You Need to Speak to an Attorney About Charges of Fleeing an Officer?

If you’ve been charged with fleeing an officer, call our office at 414-383-6700 to schedule a consultation with one of our attorneys who can provide the guidance you need.

By Tedia Gamino|2023-11-01T09:04:26-05:00November 1st, 2023|Criminal Law, Traffic Offenses|Comments Off

DEDICATED TO PROTECTING YOUR RIGHTS

Criminal Law

Title