Juvenile Law Archives - Gamino Law Offices, LLC

Can Police Question Your Child if You’re Not Present?

In the state of Wisconsin, police are allowed to question minors. In some cases, police have to get parental consent first; in others, the police may simply arrest or question a child without their parents knowledge. Regardless of the situation, children – like adults – are entitled to legal representation. If your child is in trouble, you have the right to contact an attorney who can represent them.

Can Police Question Your Child if You’re Not Present?

In some cases, it’s legal for the police to question a child without that child’s parents or legal guardians present. However, those circumstances are limited, and if the police do not follow the proper protocol, they can find themselves in trouble.

What Rights Do Children Have for Police Questioning?

Just like adults, children have the right to legal representation, as well as the right to avoid incriminating themselves. Additionally, children have the right to remain silent and to have parents or an attorney present when they’re being questioned by the police. If you have a minor child, you should let them know that they can, and should, request that their parents be notified immediately when the police attempt to question them. You should also let your minor child know that they may request an attorney before answering any questions.

Do You Need to Talk to an Attorney About a Juvenile Offense?

If your child has been accused of a crime, we may be able to help. Call our office now at 414-383-6700 or get in touch with us online to schedule a free juvenile criminal defense consultation. Whether or not the police have questioned your child, they have rights – and we may be able to help preserve them.

Attorney Carlos Gamino

By Carlos Gamino|2022-05-20T20:51:38-05:00May 12th, 2022|Criminal Law, Juvenile Law|0 Comments

What Happens When Senior Pranks Lead to Criminal Charges?

By Carlos Gamino

The end of the school year is right around the corner, and that means many high school seniors are currently planning the pranks they’ll pull before they leave public school for good. Unfortunately, though, many senior pranks end up being actual crimes – even something as seemingly silly and lighthearted as pulling the fire alarm can lead to criminal charges. Here’s what you need to know about senior pranks leading to criminal charges, as well as how you can help your child (or yourself) in the event that this happens.

Can Senior Pranks Lead to Criminal Charges?

Some senior pranks are actually crimes, ranging from property destruction to disorderly conduct. Depending on the seriousness of the offense, a person who pulls a senior prank could end up paying fines or even spending time in jail.

But Aren’t Most Senior Pranks Harmless?

The most common senior pranks are generally harmless, such as hiding notes in library books, skipping class to gather on the football field, hiring a mariachi band to follow the principal around for a day or wrapping a teacher’s desk in plastic wrap – but some, such as those that involve actual destruction of property or require emergency services to show up at the school, are criminal offenses in the state of Wisconsin.

Penalties for Some Senior Pranks

Minors who are 17 or older are typically charged as adults – and that means they face adult penalties that can stick with them for the rest of their lives. The penalties can vary, as well. For example, pulling the fire alarm when there’s no fire can result in a conviction for a Class A misdemeanor. A Class A misdemeanor is punishable by up to nine months in jail and a fine of up to $10,000. Criminal damage to property can be a felony, and it’s punishable by prison time (that’s prison, not jail) and hefty fines.

Do You Need to Talk to an Attorney About Senior Pranks and Criminal Charges?

If your child has been accused of a crime based on a senior prank, we may be able to help. Call our office right away at 414-383-6700 or schedule a free consultation with a criminal defense attorney online. Our team can give you the legal advice you need to help protect your child’s future and get the best possible outcome in their case.

Attorney Carlos Gamino

By Carlos Gamino|2022-05-20T20:54:46-05:00May 9th, 2022|Criminal Law, Juvenile Law|0 Comments

Juvenile Delinquency Cases in Wisconsin

By Carlos Gamino

Generally speaking, charges for criminal offenses that the state of Wisconsin brings against kids who are under the age of 17 start in children’s court through delinquency petitions. These cases go through the juvenile court in an effort to rehabilitate kids rather than putting them in “the system.” However, adult courts have jurisdiction over some crimes committed by juveniles. Here’s what you need to know.

What Cases Do Juvenile Courts in Wisconsin Have Jurisdiction Over?

The vast majority of criminal cases against kids go through criminal courts. For example, if a 13-year-old picks up a drug charge, a 14-year-old picks up an assault charge, or a 15-year-old is charged with disorderly conduct, those cases will most likely end up in juvenile court.

However, there are some cases that go to adult criminal courts, including:

any juvenile alleged to have committed an act of first-degree intentional homicide
anyone 10 or older who is alleged to have committed an act of first-degree reckless homicide or second-degree intentional homicide
assault or battery by a prisoner after a juvenile has already been found delinquent and placed in juvenile corrections, detention or secure residential care
any criminal offense committed by a juvenile who has been convicted of, or has a matter pending for, any offense after having been waived into adult court or for which original jurisdiction is in adult court

Sometimes prosecutors want to send cases to adult court, too – even if they don’t fall into one of those categories. Prosecutors can ask for a waiver in a juvenile delinquency proceeding if the child is 14 or older and faces charges of:

Almost any felony that is associated with gang involvement
Burglary
Felony murder
First-degree sexual assault
Kidnapping
Manufacturing, distributing or delivering a controlled substance
Robbery
Second-degree reckless homicide
Taking a hostage

If a child is 15 or older, a prosecutor can ask to send any case to adult court. It’s up to the judge in the case to determine whether the case should remain in juvenile court or should be handled in adult court (with adult consequences, of course).

Do You Need to Talk to an Attorney About a Juvenile Delinquency Case?

If you need to speak to a lawyer about a juvenile delinquency case, we’re here to help. Call us at 414-383-6700 now to schedule your free consultation. Our team will be happy to answer your questions and develop a legal strategy that helps your child get the best possible outcome.

Attorney Carlos Gamino

By Carlos Gamino|2022-01-28T13:07:53-06:00January 18th, 2022|Criminal Law, Juvenile Law|Comments Off

What Happens if You’re Caught With a Knife in School?

By Carlos Gamino. Click here for audio version.

Carrying a knife is perfectly legal in Wisconsin – under most circumstances. It’s not legal to carry a knife in school (or any publicly owned building, for that matter). But what will happen to you if you’re caught with a knife in school? This guide explains.

What Happens if You’re Caught With a Knife in School?

Most people can legally carry knives with blades of any length in the state of Wisconsin. In fact, you can legally carry a kitchen knife, a machete, a switchblade or anything else, as long as you’re not prohibited from possessing a firearm and as long as you’re not in a school or another publicly owned building.

If you do have a knife in a school or other public building, Wisconsin law says you’re guilty of a Class A misdemeanor. Even if you’re a minor, the state may choose to charge you as an adult, which means you’re subject to the same jail time that any other adult would be.

The Penalty for a Class A Misdemeanor for Carrying a Knife in School

If you’re convicted of a Class A misdemeanor for carrying a knife in school, you could end up going to jail for up to 9 months and paying fines of up to $10,000.

Misdemeanors, like all other criminal offenses, go on your permanent criminal record. They’ll stay there unless you’re eligible to clear your record later – and that’s not as common (or as easy) as you may think. That means future employers, landlords and other people who do background checks on you will likely see that you have a criminal history.

What to Do if You’re Caught With a Knife at School

If you’re caught with a knife at school, your best bet may be to contact a Wisconsin criminal defense lawyer. Call us at 414-383-6700 to set up your free consultation. We’ll be happy to answer your questions and give you the legal advice you need.

Attorney Carlos Gamino

By Carlos Gamino|2021-11-23T11:42:06-06:00October 25th, 2021|Criminal Law, Juvenile Law|Comments Off

Are You Financially Responsible for Your Child’s Crimes?

By Carlos Gamino

If your child commits a crime and causes property damage (or a crime that comes with other types of financial liability), you could be on the hook for paying for it. Here’s what you need to know about Wisconsin’s parent financial responsibility laws.

Are You Financially Responsible for Your Child’s Crimes?

As a parent, you’re subject to Wisconsin’s parent financial responsibility laws. If your child acts willfully, maliciously or wantonly, or even negligently, the state can hold you liable. A parent’s financial responsibility is currently limited under the law (although that can change at any time, so you should consult with an attorney for the most current information) – but it can be as high as $20,000 for damages in some cases.

The state can hold you liable for things like:

Property damage
Repairing or replacing damaged property
Removing graffiti
The value of unrecovered stolen property
Harm resulting from personal injury to another person

There’s another statute that imposes liability on criminal cases involving motor vehicles. Wisconsin Statute § 343.15(2)(b) says that if your child (or a child you’re responsible for) uses a motor vehicle in a negligent and willful manner, you face unlimited liability.

Related: CHIPS in Wisconsin

Which Parents Can Face Liability?

The state can hold you liable if you have legal custody of the child through a court order, custody that’s agreed upon under a legal stipulation or actual physical custody of a child. Obviously, if you didn’t have the reasonable ability to exercise supervision and control of the child (because the child is uncontrollable or because someone interfered with your ability), the law provides you with certain protections.

Has Your Child Gotten Into Trouble With the Law?

If your child has been accused of committing a crime, we may be able to help. Call our office at 414-383-6700 today to talk about your situation – we’ll answer your questions and give you the guidance you need.

Carlos Gamino

By Carlos Gamino|2021-01-17T06:58:51-06:00March 17th, 2021|Criminal Law, Juvenile Law|Comments Off

CHIPS in Wisconsin

By Carlos Gamino

The state of Wisconsin has protections in place for juveniles who need help, and special court cases – called CHIPS cases – are opened to provide special services for kids. CHIPS stands for child in need of protection and/or services, and these cases are available until children reach the legal age of responsibility. Until that time, kids depend on adults for care and protection.

When parents can’t – or won’t – properly care for their children, the juvenile court may step in. That can happen in parent and guardian cases, as well as neglect and abuse cases.

CHIPS in Parent and Guardian Cases

CHIPS in parent and guardian cases typically involve children:

Who don’t have a parent or guardian
Whose parent or guardian has petitioned the court for help with the child’s care
Who petition the court for themselves
With inadequate care from a parent
Who have been abandoned

CHIPS in Neglect and Abuse Cases

CHIPS in neglect and abuse cases typically involve kids who:

Have been abuse victims in the past
Are at-risk for abuse
Have been placed for care or adoption unlawfully
Have been neglected or who are at substantial risk for neglect
Are suffering from emotional damage or an alcohol or drug abuse impairment
Have not been immunized as required by law

How Does a CHIPS Case Start?

Typically, a CHIPS case begins when someone makes a report of abuse or neglect to Child Protective Services or Social Services. A caseworker will evaluate the situation and see if the report appears to be valid; if he or she doesn’t find any safety issues, the case can be closed. If the case worker does find safety issues, he or she will document the issues and file a petition.

Are CHIPS Court Hearings Confidential?

CHIPS court hearings are confidential, which means it’s probably in your best interest to have an attorney represent you.

Do You Need to Talk to a Lawyer About a CHIPS Case?

If you’re involved – or about to become involved – in a CHIPS case, call us at 414-383-6700 to schedule a free consultation with an attorney as soon as possible. We may be able to help.

Carlos Gamino

By Carlos Gamino|2021-07-17T10:07:06-05:00November 17th, 2020|Family Law, Juvenile Law|Comments Off

Delinquency Petitions in Wisconsin

By Carlos Gamino

The state of Wisconsin uses delinquency petitions to protect children from being charged as adults in criminal cases. Sometimes, particularly when kids are under the age of 10, the state pursues JIPS action (that stands for juvenile in need of protection or services) rather than a delinquency petition; likewise, a prosecutor can pursue a JIPS action when the court finds that a child is incompetent to proceed, as well as in some other cases.

A delinquency petition is an option to start a criminal case against a child. When the prosecutor in such a case wants to send the child to an adult criminal court, where he or she will be tried as an adult, the prosecutor can file a waiver petition. Generally, prosecutors can ask to send a child to an adult court when the child is 14 or older and is charged with certain crimes, such as:

Felony murder
Second-degree reckless homicide
First-degree sexual assault
Hostage-taking or kidnapping
Robbery
Manufacturing, distribution or delivery of a controlled substance
Nearly any felony that’s tied into gang involvement

Prosecutors can seek waivers for any child over the age of 15 for any crime. For most people, the best option when a prosecutor is seeking a waiver is to find solid legal defense – your attorney can fight to keep the case out of adult court. When a child is tried as an adult, he or she faces the same penalties that any adult would for committing a criminal offense.

What is a Reverse Waiver?

When the state charges a child with a crime in adult court, the child can ask the court to send the case back to the juvenile court. This is called a reverse waiver.

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

If your child has been accused of a crime, we may be able to help. Call us at 414-383-6700 now to schedule a free consultation with an attorney.

Carlos Gamino

By Carlos Gamino|2021-07-17T10:09:37-05:00November 9th, 2020|Criminal Law, Juvenile Law|Comments Off

Frequently Asked Questions About Juvenile Justice

By Carlos Gamino

If you’re like many parents whose children have been accused of committing a crime, you probably have a lot of questions – and answers are a little bit hard to come by. Check out these juvenile justice FAQ to get answers, and if you don’t see the answer to your questions here, call us at 414-383-6700 to ask during a free consultation.

Juvenile Justice FAQ

Some of the most common questions we answer about juvenile justice and how the system works in Wisconsin are listed here. Remember, we’re also happy to answer case-specific questions during a free consultation, as well.

What is Delinquency Supervision?

Delinquency supervision is managed by social workers and is a program designed to keep kids out of trouble while holding them accountable for what they’ve done. It also helps provide treatment and services that help kids build competencies. Cases that result in delinquency supervision are overseen by social workers when kids are at home, in school and in the community. In many ways, it’s like adult probation.

Can My Child Be Charged With a Crime When Nobody Called Me?

The police can question and talk to your child without you being present. For this reason, it’s important that you teach your children to use their right to remain silent during police questioning until you or an attorney are present. (And even when you’re there, it’s typically best to wait for an attorney.) Because the police can talk to your child without you being present, it’s completely possible for your child to be charged with a crime and for you to find out about it after the fact.

How Will a Juvenile Record Affect My Child’s Future?

Having a juvenile criminal record can affect your child’s future. However, juveniles who have been found to be delinquent under the Wisconsin Juvenile Code can petition the court for expungement when they turn 17 – but only if it was a first offense, the child has completed all the terms of his or her sentence, the juvenile will benefit from the expungement, and society won’t be harmed by it. Expungement is not a right – even when the entire case takes place in juvenile court.

Should I Hire an Attorney to Represent My Child in the Juvenile Justice System?

If your child is in legal trouble, you have the right to hire an attorney – and for many people, that’s the best course of action. Your child’s attorney will be able to answer your questions and will work to protect your child’s rights every step of the way.

Call us at 414-383-6700 to schedule a free consultation with an attorney now.

Carlos Gamino

By Carlos Gamino|2021-07-17T10:12:51-05:00October 26th, 2020|Criminal Law, Juvenile Law|Comments Off

What Are Examples of Delinquent Acts in Wisconsin?

By Attorney Carlos Gamino

Kids under the age of 17 are considered juveniles in Wisconsin, but that doesn’t mean they’re always tried as juveniles. In fact, some kids in Wisconsin are tried as adults long before they reach the age of majority. But what are some examples of delinquent acts that could get a minor into trouble in Wisconsin?

Examples of Delinquent Acts in Wisconsin

Under Wisconsin law, nobody is allowed to contribute to the delinquency of a child – it’s a crime. The adult in that case can be charged with a misdemeanor or felony, depending on the circumstances.

But kids can, and do, commit crimes without an adult’s help. Some of the most common delinquent acts kids in Wisconsin commit include:

Truancy
Shoplifting
Simple battery

Here’s a closer look at each.

Truancy as a Delinquent Act

A lot of kids skip school from time to time – but the state can step in if skipping school becomes a habit rather than an isolated incident or two. (In fact, the state can even charge parents with a misdemeanor if a child is habitually truant.)

Shoplifting as a Delinquent Act

Juveniles sometimes shoplift for the thrill of it, because they’re pressured into doing so by their friends, or because they feel they need something that they or their family cannot afford. Regardless of the reason, shoplifting is one of the most common delinquent acts tried in courtrooms all across Wisconsin.

Simple Battery as a Delinquent Act

When juveniles fight, police can charge them with simple battery. That’s true even if nobody’s seriously (or even slightly) hurt.

There are a number of other delinquent acts, too, and many of them involve things like destruction of property, possession of marijuana and other violations of the law that seem to pale in comparison with the crimes that adults commit.

However, the problem isn’t just that the child can face long-lasting consequences. Parents in Wisconsin can be held liable, as well.

What if Your Child Gets Into Trouble?

If your child is accused of a crime, we may be able to help. Call us at 414-383-6700 to talk about your situation during a free consultation. We’ll answer all your questions and provide you with a path forward that gets your whole family the best possible outcome.

Attorney Carlos Gamino

By Carlos Gamino|2021-07-17T10:24:35-05:00September 15th, 2020|Criminal Law, Juvenile Law|Comments Off

What Are the Most Common Juvenile Crimes in Wisconsin?

The Most Common Juvenile Crimes – Carlos Gamino

By Carlos Gamino

Like adults, kids can commit crimes – and sometimes they’re fairly serious. However, the vast majority of crimes that juveniles commit are “kid stuff.” But even then, those crimes can come with serious consequences that can follow a child well into adulthood.

What Are the Most Common Juvenile Crimes?

Across the board, the most common juvenile crimes include things like:

Vandalism
Shoplifting
Simple assault
Underage drinking
Joyriding

While most of these don’t sound terribly serious to us, as adults, the consequences can be really rough on kids’ futures. The problem is that although the juvenile justice system tries to focus on rehabilitating kids, some are still tried as adults – and they face adult penalties.

What Happens When Kids Are Tried as Juveniles?

Because the juvenile justice system tries to be more about intervention than about punishment, it’s common for judges to sentence kids to things like community service, educational courses and rehabilitation. These are generally used instead of jail or juvenile detention. However, some offenses – particularly the more serious ones – do sometimes result in confinement.

What if Kids Are Tried as Adults in Wisconsin?

Sometimes kids’ cases are transferred to an adult court. In that case, the accused minor faces the same penalties as an adult would in that situation. If the child is convicted, he or she will have an adult criminal record – and that can seriously limit his or her future opportunities in education and employment.

Has Your Child Been Accused of a Crime?

If your child has been accused of a crime, you have the right to retain an attorney. Call us right away so we can help. We’ll be happy to answer your questions, talk to you about what could happen to your child, and help your family get the best possible outcome.

Carlos Gamino

By Carlos Gamino|2021-07-17T11:37:26-05:00August 1st, 2020|Criminal Law, Juvenile Law|Comments Off

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