Juvenile Law Archives - Gamino Law Offices, LLC

What is Juvenile Delinquency in Wisconsin?

Juvenile delinquency is “the habitual committing of criminal acts or offenses by a young person, especially one below the age at which ordinary criminal prosecution is possible.” That means when someone who’s not old enough or mature enough to be tried as an adult repeatedly commits crimes, they’re considered a juvenile delinquent.

Being arrested as a juvenile in Wisconsin is serious – and it can come with serious consequences. Check out these three things you need to know, whether you’re the one who was arrested and charged with a crime or you’re reading this because your child has gotten into some trouble.

3 Things to Know About Juvenile Delinquency

Juvenile delinquency can come with serious consequences. Here are three things you need to know:

1. The district attorney can petition the juvenile court and ask for a juvenile aged 14 or older to be tried as an adult. This can only happen under certain circumstances, such as when a child who is at least 14 years old and is alleged to have committed:

Aggravated burglary
Armed robbery
Felony murder
Hostage-taking
Kidnapping
Manufacturing or distribution of a controlled substance
Participation in gang activity
Reckless homicide
Sexual assault

2. Some offenses are subject to adult court supervision, such as when a juvenile who’s at least 10 years old who allegedly attempted or committed first-degree or second-degree murder, or reckless homicide. Likewise, a juvenile who has allegedly committed assault or battery while in a juvenile correctional facility (or residential center), or who has previously been considered delinquent, can be subjected to adult court supervision.

3. All 17-year-olds are automatically treated as adults in the Wisconsin criminal justice system. This is unfortunate, because people’s brains don’t even finish developing until they’re about 25 years old.

Do You Need to Talk to a Lawyer About Juvenile Delinquency?

If your child has been accused of a crime – even one that wouldn’t require an adult trial – we may be able to help you. Call us right away at 414-383-6700 for a free consultation with an experienced juvenile defense lawyer.

Carlos Gamino

By Carlos Gamino|2020-05-16T17:19:20-05:00May 29th, 2020|Juvenile Law|0 Comments

Can I Send My Child to Juvenile Detention?

By Carlos Gamino

Juvenile detention centers – which are a bit like jail for minors, where children are supervised and kept in a regulated environment – are part of the Wisconsin criminal justice system. In Wisconsin, there are Type 1 and Type 2 juvenile correctional facilities. Each has its own purpose, and they’re designed to be used in sentencing. In other words, minors who commit crimes and move through the criminal justice system can be sentenced to spend time at one of Wisconsin’s juvenile detention centers.

Can I Send My Child to Juvenile Detention?

Parents cannot voluntarily send a child to a state juvenile detention facility. They’re only used through the court systems. However, some desperate parents use “scared straight” programs and “boot camps” to try to rehabilitate their kids. These programs exist, but they’re not the types of things that judges really order.

These types of programs have been subject to numerous studies, and usually, the results aren’t flattering. The arrest rate after official Scared Straight programs is actually higher than it is for teens who never participate in these programs. Many studies show that these types of interventions are ineffective – and worse, many of them are harmful for children who engage in delinquent behaviors.

Really, experts believe that these types of programs fail for the reason they’re supposed to succeed. Teens who are exposed to the structure they discover exists in prisons and boot camps actually crave it.

What Are Wisconsin’s Juvenile Detention Facilities?

Wisconsin has Type 1 and Type 2 juvenile detention facilities.

Type 1 facilities uses physical security mechanisms, like fences and locked doors. The Type 1 juvenile correctional facilities here are:

Lincoln Hills School (boys)
Copper Lake School (girls)
Mendota Juvenile Treatment Center

Type 2 facilities are those considered “institutions without walls.” They’re still correctional facilities, but they’re less like jails and are reserved for different types of offenses or youth who have displayed good behavior in Type 1 facilities.

Related: Help! My child was arrested!

Do You Need a Juvenile Criminal Defense Attorney?

If your child has gotten into trouble, it’s important that he or she has caring, compassionate representation. Your child’s attorney can help ensure that your child gets a fair trial – and, if necessary, the treatment he or she needs. Call us to tell us what happened. We’re available at 414-383-6700, and we’ll be happy to provide you with a free consultation today.

Attorney Carlos Gamino

By Carlos Gamino|2020-03-20T09:24:42-05:00May 25th, 2020|Juvenile Law|0 Comments

How Long Do Drinking Tickets Stay on Your Record in Wisconsin?

By Carlos Gamino

Underage drinking is pretty serious – and in Wisconsin, it can result in big fines. So how long do drinking tickets stay on your record in Wisconsin? Here’s what you need to know.

How Long Do Drinking Tickets Stay on Your Record in Wisconsin?

Underage alcohol conviction records of juveniles – people who are under the age of 17 – are usually pretty confidential. The Department of Transportation can’t disclose information about a suspension, revocation or restriction to anyone other than a court, district attorney, municipal prosecuting attorney, law enforcement agency, the underage individual, or the underage individual’s parents or legal guardians. However, you can get an underage drinking ticket if you’re between the age of 17 and 21 – and those aren’t nearly as private.

Underage drinking tickets will show up on your driving record, which can impact your car insurance rates. You might lose scholarships or face other school-related penalties, too. Additionally, your license can be revoked or suspended – especially if you receive more than one of these types of tickets.

Fines for Underage Drinking Tickets

If you’re caught drinking before you reach legal age, you face these penalties:

First offense: Fines between $250 and $500, a suspended driver’s license, community service
Second offense within 12 months of the first violation: Fines of between $300 and $500, community service, driver’s license suspension
Third offense within 12 months of the two previous violations: Fines of between $500 and $750, community service, driver’s license suspension
Fourth or subsequent offense within 12 months of three or more previous violations: Fines of between $750 and $1,000, community service, suspension of driver’s license

What if You’re Accused of Underage Drinking?

If you’ve been accused of underage drinking, your best bet may be to talk to a lawyer who can help you make sense of what you’re facing. Call us at 414-383-6700 now to schedule your free consultation. We’ll talk about how long the ticket will stay on your record and answer your questions, and if we decide to work together, we’ll start developing a strategy that gets you the best possible outcome.

Attorney Carlos Gamino

By Carlos Gamino|2020-03-20T07:56:39-05:00April 20th, 2020|Criminal Law, Juvenile Law|Comments Off

Juvenile Disorderly Conduct in Wisconsin

By Attorney Carlos Gamino

Juvenile disorderly conduct in Wisconsin is much the same as adult charges of disorderly conduct – the only difference is the age of the person accused of committing the crime. Disorderly conduct is such a catch-all term; several types of behavior can fall under its umbrella. For example, any of these actions could be considered disorderly conduct:

Harassment
Fighting
Arguing loudly
Disturbing the peace
Public intoxication
Unlawful assembly
Vagrancy
Unlawful use of a telephone or computerized communication system
Loitering
Exhibiting reckless behavior in a crowded area

If your child has been accused of juvenile disorderly conduct in Wisconsin, it may be a good idea for you to talk to a disorderly conduct defense attorney who can help.

Juvenile Disorderly Conduct in Wisconsin: Possible Penalties

Children in Wisconsin can be tried as adults if they’re age 17 or older. Juveniles who have previously been adjudged delinquent – regardless of age – can also be tried as adults.

Disorderly conduct is a Class B misdemeanor, which is punishable by up to 90 days in jail and a fine of up to $1,000. However, one type of disorderly conduct – unlawful assembly – is a Class A misdemeanor. The penalty for that is up to 9 months in jail and a fine of up to $10,000. Judges can sentence you to jail or fines, or a combination of both.

Do You Need to Talk to a Lawyer About Juvenile Disorderly Conduct in Wisconsin?

If your child has been accused of disorderly conduct, we may be able to help your family. Call us at 414-383-6700 now to schedule a free consultation. We’ll ask you some questions about the case and determine the best course of action.

Carlos Gamino

By Carlos Gamino|2020-03-20T07:51:38-05:00April 15th, 2020|Juvenile Law|Comments Off

Grounds for Involuntary Termination of Parental Rights in Wisconsin

By Carlos Gamino

Sometimes it’s possible for the courts to determine that a parent is unfit to be with his or her children – and in those cases, the state often terminates parental rights. In order for that to be legal, the state has to have grounds for taking away parental rights.

What Are the Grounds for Involuntary Termination of Parental Rights in Wisconsin?

The most common grounds for involuntary termination of parental rights include:

Sexual abuse
Abuse or neglect
Abuse or neglect of other kids in the home
Abandonment
Long-term mental illness of the parent
Failure to support or maintain contact with the child
Long-term alcohol-induced incapacity of the parent
Long-term drug-induced incapacity of the parent

The courts may also see that the parent has lost his or her rights to another child and choose to remove rights to a different child. Usually, these things only become grounds for termination of parental rights after the parent has failed to correct the conditions causing the problem. In most cases, the state must make a reasonable effort to help provide services to prevent the loss of parental rights or to put the child back in the parent’s home before permanently asking to revoke parental rights.

What About Voluntary Termination of Parental Rights?

Sometimes one parent petitions the court to voluntarily terminate his or her parental rights. In most cases, the court can only accept voluntary consent to a termination of parental rights if the parent appears at the hearing and the judge explains the permanence of the action.

Can I Ask the Court to Terminate My Ex’s Parental Rights During Divorce?

In most cases, you cannot ask the court to terminate your ex-spouse’s parental rights because you’re getting a divorce. Generally, the only ways the court would even consider this is if the other parent met the criteria for involuntary termination of parental rights or if there were another parent waiting to adopt the child.

However, if the other parent doesn’t agree to termination of his or her rights, you’re going to have a tough time convincing the court to do so.

Do You Need to Talk to an Attorney About Termination of Parental Rights in Wisconsin?

If someone is threatening to take away your parental rights, you may need legal representation. Call us at 484-383-6700 for a free consultation right now – we might be able to help you and your child.

Carlos Gamino

By Carlos Gamino|2019-11-27T07:22:29-06:00November 27th, 2019|Family Law, Juvenile Law|Comments Off

After Adopting a Child Internationally, You May Need a Milwaukee Immigration Attorney

Do You Need an Immigration Attorney After You Adopt a Child - Carlos Gamino

By Carlos Gamino

If you’ve adopted a child in another country, but that child isn’t yet an American citizen, you may find it beneficial to work with a Wisconsin immigration attorney who understands the process of citizenship for adopted children.

What U.S. Citizenship and Immigration Services Does in Adoption Cases

Thousands of people living in the U.S. adopt children from overseas each year, and their cases go through U.S. Citizenship and Immigration Services. However, if you’ve adopted a child while residing overseas, the process of getting your child American citizenship is a bit different.

For most people, it makes sense to work with an immigration attorney for an Immediate Relative Petition through USCIS.

What is an Immediate Relative Petition?

An immediate relative petition is something a U.S. citizen can file for:

Children under the age of 21 who are unmarried
Parents, if the petitioner is older than 21 (this doesn’t apply in this situation)
Spouses (this doesn’t apply in this situation, either)

How Does an Immediate Relative Petition Work?

The U.S. citizen must petition for a family member (in this case, the adopted child) to receive a permanent resident card (also known as a green card) in the U.S. by filing a Form I-130, Petition for an Alien Relative. That form can establish the relationship between you and your child.

The consulate will process the application, and it will go on to the USCIS.

From there, you’ll get a receipt, a notice of your appointment date, and, in some cases, a written decision. If USCIS approves your petition, they’ll send it directly to the U.S. Department of State’s National Visa Center, or NVC.

Your immigration attorney will help ensure that you’ve filed all the appropriate forms and give you advice about the next steps you must take, such as filing an Affidavit of Support to show that you will be your child’s financial sponsor.

Do You Need to Talk to a Milwaukee Immigration Attorney?

If you need to talk to an immigration lawyer in Wisconsin, we can help. Call us at 414-383-6700 for a consultation, whether you’ve already adopted a child while you lived overseas or you’re looking for assistance with an immigrant visa, removal proceedings, or another matter involving immigration to the U.S.

Carlos Gamino

By Carlos Gamino|2019-11-24T13:15:14-06:00November 24th, 2019|Immigration Law, Juvenile Law|Comments Off

What to Do if Your Child is Charged With Underage Drinking

What if Your Child is Arrested for Underage Drinking - Carlos Gamino

By Carlos Gamino

As a Milwaukee lawyer who’s also a parent, I understand what it’s like to worry about your children. If your child is arrested for underage drinking in Wisconsin, especially in Milwaukee or Waukesha, here’s what you need to know.

What to Do if Your Child is Arrested for Underage Drinking

First things first: Get in touch with an attorney who can work within the legal system on behalf of your child. Your attorney will figure out what really happened, including what led up to the incident, and build a defense that gets your child the best possible outcome.

Stay calm, too. Underage drinking isn’t the end of the world for your child. If your child hasn’t been in any trouble with the law before, your attorney may be able to argue that his or her spotless record is enough to indicate that your child isn’t a “wayward” teen or a troublemaker. While there’s no way to guarantee how a judge will rule, it’s helpful to know that many minors are cited for underage drinking and that’s the end of it.

Underage Drinking in Wisconsin: What You Need to Know

Possession and consumption of alcohol by a minor – someone under the age of 21 – is illegal in Wisconsin except in certain circumstances. The exceptions include when the minor is with a parent or a spouse.

Criminal charges can arise when the minor uses a fake ID to purchase alcohol, though, just as they can when the child drinks and drives.

Penalties for underage drinking can include the loss of driving privileges (even if the minor didn’t drive while intoxicated), fines, and court-ordered supervision. The penalties can be more severe, depending on your child’s circumstances. However, you may find it helpful to know that the Department of Transportation does not disclose information about a juvenile’s underage alcohol conviction to anyone but the court, district attorney, prosecutor, law enforcement agency, the minor, and his or her parents or guardians.

Penalties are different for juveniles, who are children under the age of 17, and what the law defines as underage minors (those who are between the ages of 17 and 20).

Do You Need to Talk to an Attorney About Your Child’s Underage Drinking Charges?

You may find it helpful to talk to a Milwaukee attorney who understands what you – and your child – are up against. If your child has been accused of underage drinking, OWI, or any other alcohol-related offense, we may be able to help.

Call us at 414-383-6700 to let us know what’s going on during your free case review. We’ll start developing a strategy that helps your child deal with this issue and gives you the peace of mind you need right now.

Carlos Gamino

By Carlos Gamino|2019-11-24T12:33:26-06:00November 24th, 2019|Juvenile Law|Comments Off

When Can Minors Be Tried as Adults in Wisconsin?

By Carlos Gamino

In the state of Wisconsin, kids under the age of 18 can be tried as adults. In fact, every state allows minors to be tried as adults under certain circumstances.

There’s a high-profile case involving minors being tried as adults in the courts right now, which leads to one important question: When can minors be tried as adults in Wisconsin? As juvenile law attorneys in Wisconsin, we feel it’s important for parents to understand the differences between the juvenile and adult systems… and to know that being under the age of 18 doesn’t guarantee that a child won’t be tried as an adult.

When Can Minors Be Tried as Adults in Wisconsin?

In the state of Wisconsin, anyone over the age of 10 years who’s charged with homicide or attempted homicide can be tried in adult court. Attorneys can request a trial in juvenile court if they’re under 16, but they must convince the judge that juvenile court would be better for the child—and for society.

Differences Between Juvenile Courts and Adult Courts

Kids convicted of crimes in juvenile courts often face detention in a special facility designed for minors, where they’ll typically have access to educational resources and a number of mental health services. Minors tried as adults face adult sentences—and they’re sent to adult facilities, where they’re less likely to have access to the resources offered to their counterparts in the juvenile justice system.

What to Do if Your Child Has Been Charged With a Crime

For most people with a child who’s been charged with a crime—even a “minor” crime—it’s a good idea to talk to a Wisconsin criminal defense attorne y who has experience with the juvenile justice system.

We may be able to help your child. Call us at 414-383-6700 for a free case review. We’ll ask you some questions about the case and give you specific advice you can use to help your child move forward.

Carlos Gamino

By Carlos Gamino|2019-11-24T08:45:14-06:00November 24th, 2019|Juvenile Law|Comments Off

Should You Hire Child Abuse Lawyers for Your Case?

Child Abuse Lawyers in Milwaukee - Gamino Law Offices

By Carlos Gamino

If you’ve been accused of harming a child, it may be a good idea to call Milwaukee child abuse lawyers as soon as possible.

In the state of Wisconsin, child abuse is a serious crime—and it’s one that carries extremely harsh penalties.

When Should You Hire Child Abuse Lawyers?

As soon as someone accuses you of child abuse, you may want to call an attorney. Child abuse and child neglect are both felonies under Wisconsin law. Unfortunately, many people are falsely accused of abuse and neglect (sometimes in conjunction with divorce cases); if that’s happened to you, you need an attorney who can aggressively defend you in court and help ensure that the truth comes out.

What is Child Abuse Under Wisconsin Law?

Under Wisconsin law, child abuse is the intentional causation of bodily harm. There are varying degrees of child abuse, as well:

Child abuse is a Class I felony if you recklessly cause bodily harm to a child.
Child abuse is a Class H felony if you intentionally cause bodily harm to a child.
Child abuse is a Class F felony if you intentionally cause bodily harm to a child by conduct that creates a high probability of great bodily harm.
Child abuse is a Class E felony if you recklessly cause great bodily harm to a child.
Child abuse is a Class C felony if you intentionally cause great bodily harm to a child.

What is Child Neglect Under Wisconsin Law?

Child neglect, under Wisconsin law, applies to anyone who’s responsible for a child’s welfare and who either acts or fails to act, intentionally contributing to the child’s neglect.

Typically, neglect is a Class A misdemeanor, but in some cases, it’s a felony:

Neglecting a child is a Class H felony if it results in bodily harm to the child.
Neglecting a child is a Class F felony if it results in great bodily harm to the child.
Neglecting a child is a Class D felony if it results in the child’s death.

Do You Need to Talk to Child Abuse Lawyers in Milwaukee or elsewhere in Wisconsin?

If you need to get in touch with child abuse lawyers in Milwaukee or Wisconsin, we may be able to help you. Call us at 414-383-6700. If it’s easier, you can also reach out to us online. We’ll evaluate your case and begin developing a defense strategy that gets you the best possible outcome right away.

Carlos Gamino

By Carlos Gamino|2019-11-24T15:16:02-06:00November 23rd, 2019|Criminal Law, Juvenile Law|Comments Off

Wisconsin Laws on Child Neglect

By Carlos Gamino

Under Wisconsin law, physical neglect is defined as “failure, refusal or inability on the part of a parent, guardian, legal custodian or other person exercising temporary or permanent control over a child, for reasons other than poverty, to provide necessary care, food, clothing, medical or dental care or shelter so as to seriously endanger the physical health of the child.”

The law is pretty clear. It says that anyone who is responsible for a child’s welfare who fails to ensure the child’s welfare is guilty of a Class A misdemeanor.

However, if:

Bodily harm is a consequence, it’s a Class H felony
Great bodily harm is a consequence, it’s a Class F felony
Death is a consequence, it’s a Class D felony

Each of those carries serious penalties, including imprisonment and hefty fines.

Who Reports Child Neglect?

In the state of Wisconsin, any concerned party can report child neglect to the Wisconsin Department of Children and Families. Some people are required to report child abuse or neglect if they see it—they’re called mandated reporters—and they include:

Physicians
Nurses
Medical examiners
Dentists
Chiropractors
Optometrists
Acupuncturists
Medical or mental health professionals
Social workers
Marriage and family therapists
Professional counselors
Public assistance workers, such as some financial and employment planners
Teachers
School administrators
School counselors
Some mediators
Childcare workers in daycare centers, residential care centers for children and youth, or in some group homes
Daycare providers
Alcohol or other drug abuse counselors
Physical therapists and their assistants
Occupational therapists
Dieticians
Speech and language pathologists
Audiologists
Emergency medical technicians and other first-responders
Police and law enforcement officers
Court-appointed special advocates

What Happens to People Who Are Accused of Child Neglect?

The fact is that child neglect is a serious allegation in the state of Wisconsin—and if you’ve been accused of it, even if you’re innocent—it’s a good idea to get in touch with a child neglect defense attorney in Milwaukee who understands our laws and the way our court system works.

If someone has accused you of child neglect, call us as soon as possible at 414-383-6700 or get in touch with us online. We’ll evaluate your case and help you get the best possible outcome.

Carlos Gamino

By Carlos Gamino|2019-11-24T15:18:24-06:00November 23rd, 2019|Criminal Law, Juvenile Law|Comments Off