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Can Grandparents Get Visitation Rights in Wisconsin?

By Carlos Gamino

In the state of Wisconsin, parents typically have the right to raise their children however they feel is right. However, in some cases, grandparents have the right to visit their grandkids – even when one or both of the children’s parents don’t agree. Under Wisconsin law, grandparents (and some other people) are entitled to visitation.

Can Grandparents Get Visitation Rights in Wisconsin?

In some cases, grandparents are entitled to visitation rights with their grandchildren. However, this doesn’t apply in all situations, and if you are a grandparent who wants visitation rights, you may need to go to court to get them.

But there’s a catch: If your grandparent who wants visitation with their grandchildren, it’s up to you to prove to the court that the children’s parents’ decision to deny you access runs counter to the children’s best interest. In plain English, it’s your job to prove that your grandkids’ parents are wrong for not letting you spend time with your grandchildren.

Parents deny visitation with grandparents for a wide range of reasons, but it’s up to you to show that spending time with you is what’s best for your grandkids. For example, if your child is deceased and their spouse won’t let you spend time with your grandchildren – provided that you already have an established relationship with them – you may be able to show the judge that you have a right to visitation.

Related: Do you have to continue paying alimony if your ex remarries?

What Kind of Visitation Rights Can You Get?

If you can show the court that time with you is in your grandkids’ best interest, the court may choose to grant you reasonable visitation rights. Naturally, “reasonable” is subjective. Though you may want to spend time with your grandchildren every weekend and for a few weeks out of the summer, that may not be reasonable in your case.

Related: How to terminate someone’s parental rights in Wisconsin

Do You Need to Talk to an Attorney About Grandparents’ Visitation Rights?

If you are seeking visitation rights with your grandchildren, we may be able to help you. Our experienced family law attorneys we’ll be happy to provide you with the guidance and legal advice you need. Just call our office at 414-383-6700 for a free consultation now.

Attorney Carlos Gamino

By |2022-07-19T11:42:05-05:00August 15th, 2022|Family Law|0 Comments

Is it Legal to Drive to Work on a Suspended License?

By Carlos Gamino

It’s against the law to drive without a valid driver’s license in the state of Wisconsin. But is it possible to drive to work if your license is suspended or revoked? This guide explains.

Can You Drive to Work if You Have a Suspended License?

First things first: there’s a difference between a license suspension and a license revocation period if your license is suspended, you’ve only lost it temporarily. If it’s been revoked, you’ve lost it permanently.

The courts in Wisconsin may suspend your driver’s license for a variety of reasons, such as committing alcohol related offenses (like OWI) or driving without insurance. The state doesn’t usually revoke licenses unless an offense is extremely serious.

When your license is suspended or revoked, you’re not supposed to drive anywhere. If the police catch you driving when your license is suspended, the state will find you; these fines can cost you up to $2,500 in some cases. If the police catch you driving when your license has been revoked, you’re facing criminal penalties – and you could even spend time in jail.

Related: What is an ignition interlock device?

What About Occupational Licenses?

In some cases, the state enables people to get occupational licenses. An occupational license is a restricted license that lets you continue driving to work and to handle operations related to running your household, such as grocery shopping or taking your children to school. However, these licenses aren’t available to everyone. You must go out of your way to apply for an occupational license; a court won’t simply grant one to you when it revokes or suspends your full driver’s license.

Related: Everything you need to know about field sobriety testing

Do You Need to Talk to an Attorney About Driving to Work on a Suspended License?

If you’ve committed an offense, or have been accused of committing an offense, that results in license suspension or revocation, you should talk to an attorney. Your attorney will answer your questions and help you get the best possible outcome in your case, which may include avoiding suspension or revocation altogether.

Call our office at 414-383-6700 to schedule a free consultation with an experienced attorney now. We will be happy to give you the legal guidance you need.

Attorney Carlos Gamino

By |2022-07-19T11:39:27-05:00August 11th, 2022|Criminal Law, Traffic Offenses|0 Comments

What Happens if You Commit Arson for Insurance Money?

By Carlos Gamino

Arson is a serious crime in Wisconsin, and it’s one that could put you behind bars. But what if your case is more complex than that, such as committing arson to get insurance money? This guide explains the possible penalties you’re facing if a court convicts you of this crime.

Arson and Insurance Money

Insurance fraud totals around $80 billion every year, in many of those cases involve arson. But before we get into fraud, a basic definition is in order: Arson is the willful act of setting something on fire or using an explosive to intentionally damage property.

Many people commit arson this because they can receive a payout from their insurance company. (Others have other reasons.) But in a case like this, there are actually two crimes: the arson itself and insurance fraud. Both are very serious, and both can put you behind bars for quite some time.

Under Wisconsin law, these two crimes are lumped together and turned into a Class H felony. The actual crime is called arson with intent to defraud, and it involves intentionally damaging any building with the intent to defraud that building’s insurer. If you’re convicted of this type of crime, you could be facing a maximum term of imprisonment of six years (with three years of initial confinement and three years of extended supervision). you may also have to pay fines of up to $10,000.

Related: The real truth about lie detector tests

What Should You Do if You’re Accused of Arson With Intent to Defraud?

If you’ve been accused of arson with intent to defraud, you may want to talk to an attorney as quickly as possible. That’s because an attorney can help prevent you from saying anything that could come back to haunt you when you’re speaking to investigators. Your attorney can also help preserve your rights while you’re in jail awaiting trial, while you are out on bond, or while you are at trial period your lawyer will defend you in court and make sure that your side of the story comes out.

One of the biggest benefits to working with an attorney, however, is the peace of mind you get. your lawyer is there to answer your questions every step of the way while protecting your rights.

Related: What penalties can you face for attempting a crime in Wisconsin?

Do You Need to Talk to an Attorney About Arson With Intent to Defraud?

If you’ve been accused of arson with intent to defraud, we may be able to help you. Call our office at 414-383-6700 to schedule a free consultation within attorney who will be happy to look over the circumstances of your case.

Attorney Carlos Gamino

By |2022-07-19T11:34:06-05:00August 9th, 2022|Criminal Law|0 Comments

Can You Appeal a Conviction in Wisconsin?

By Carlos Gamino

If you’re like many people, you know a conviction will negatively impact your life. But is there anything you can do after you’ve been convicted to change your circumstances?

Some people choose to appeal their cases, and typically, they choose to work with an attorney who’s familiar with the appeals process.

What is an Appeal?

An appeal is an opportunity for a defendant (often with a lawyer’s help) to raise concerns about things that happened during a trial. Often, because judges’ and attorneys’ caseloads are so full, cases don’t get the attention they deserve. Sometimes, that results in a conviction when there shouldn’t have been one.

In some cases, the law isn’t applied properly. That can spell disaster for a person on trial. This actually happens more often than most people think.

Having an attorney look at a case with fresh eyes to ensure that everything happened the way it should have can be a tremendous benefit to someone who’s been convicted of a crime. If you’ve been convicted of a crime and want to appeal, your attorney will look at all the circumstances of your case. They’ll even pull up transcripts, look at evidence that was submitted during the original trial, and have a look at how the judge and your previous attorney followed the law in your case.

Related: What penalties can you face for attempting a crime in Wisconsin?

Common Appellate Concerns

Your attorney will figure out what’s concerning about your case and bring it to light. For example, your lawyer may discover that you were the victim of bias or conflict of interest, or that your jury was tampered with. Or your attorney may discover that certain evidence should have been suppressed or introduced, that police unlawfully searched your property or your person, or even that you were given an excessive sentence. There are myriad reasons you may qualify for an appeal, and if you’d like to explore your options, you should talk to a criminal appeals attorney in Wisconsin.

Are Appeals Always Successful?

No attorney can ever guarantee a specific outcome on your case, but usually, lawyers won’t take cases that they know they can’t win. The only way to find out whether you have a good shot at winning an appeal is to talk to an experienced attorney who understands the appeals process and how it may apply in your situation.

Related: The honest truth about lie detectors

Do You Need to Talk to an Attorney About Appealing a Conviction in Wisconsin?

If you need to talk to an attorney about appealing a conviction in Wisconsin, we’re here to help. Call us at 414-383-6700 now schedule your free consultation with a lawyer who cares.

Attorney Carlos Gamino

By |2022-07-19T11:23:33-05:00August 5th, 2022|Criminal Law|0 Comments

How Do You Appeal an Unfavorable Immigration Decision?

By Carlos Gamino

Is it possible to appeal an unfavorable immigration decision? Absolutely, but if you’re like many people, you could benefit from working with a Wisconsin immigration attorney to do so. That’s because the process can be complex, and usually, you only have one chance to make an appeal. This guide explains.

Appealing an Unfavorable Immigration Decision

There are two main ways you can ask the United States government to change its decision on your immigration case. One is through an official appeal, and the other is by filing a motion to reopen or reconsider.

What is an Appeal in U.S. Immigration?

An appeal in U.S. immigration is a process by which a person who has been denied an immigration benefit, such as a green card or visa, can ask for the decision to be reviewed by a higher authority. The appeals process can be complex, and it is important to understand all of the steps involved before beginning.

If you have been denied an immigration benefit, the first step is to determine whether or not you have a basis for an appeal. There are several grounds on which an appeal can be made, such as if there was a mistake made in the adjudication of your case, or if new evidence has come to light that was not available at the time of the original decision. Once you have determined that you have a basis for an appeal, you will need to file the appropriate paperwork with the court.

Related: U.S. immigration forms you may need

What is a Motion to Reopen or Reconsider in Immigration?

A Motion to Reopen or Reconsider is a request made to the immigration court or USCIS to review a previous decision. The motion must state new facts or law that were not previously considered, and it must be filed within a certain time frame. If the motion is granted, the case will be reopened and reconsidered. If the motion is denied, the original decision will stand.

Motions to reopen or reconsider are generally filed by the immigrant or their attorney. However, USCIS may also file a motion to reconsider if it finds that there was a mistake in the original decision.

Related: What is amnesty in immigration?

Do You Need to Talk to an Attorney About an Immigration Appeal?

If you would like to file an appeal or ask the agency that issued the unfavorable decision to have another look at your case, we may be able to help you. Call our office at 414-383-6700 now to schedule a consultation with an experienced professional who can give you the guidance you need.

Attorney Carlos Gamino

By |2022-05-20T20:34:54-05:00August 3rd, 2022|Immigration Law|0 Comments

Should You Seek Guardianship of Your Elderly Parents in Wisconsin?

By Carlos Gamino

For many people, caring for aging parents is a way of life. But does it make sense to seek guardianship of your elderly parents in the state of Wisconsin? This guide explains.

What is Elder Guardianship in Wisconsin?

Elder guardianship is a legal process that allows someone to be appointed by the court to make decisions on behalf of an elderly person who is unable to do so themselves. This can include decisions about their medical care, living arrangements, and financial affairs.

The person who is appointed as the elder guardian is typically a close family member or friend, but can also be a professional guardian. The court will decide who is best suited to serve as the elder guardian based on the needs of the elderly person and the ability of the potential guardian to meet those needs.

If you are considering asking the court to appoint someone as your elder guardian, it is important the to understand the process and what it entails. This includes knowing the rights and responsibilities of both the guardian and the person they are appointed to protect.

Related: What is protective placement in Wisconsin?

Should You Seek Guardianship of Your Elderly Parents in Wisconsin?

There are many factors to consider when deciding whether or not to seek guardianship of your elderly parents in Wisconsin. First, you’ll need to decide if your parents are incapacitated and unable to make decisions for themselves. If they are, you’ll need to determine if they’re able to communicate their wishes regarding medical and financial matters. You’ll also need to consider whether or not your parents have the ability to live independently.

How to Seek Guardianship of Elderly Parents in Wisconsin

If you decide that your parents are unable to make decisions for themselves and that guardianship is necessary, you may wish to work with an attorney to file a petition with the court. The process of gaining guardianship of your elderly family members can be complicated, so most people find that working with an attorney helps simplify things.

Do You Need to Talk to an Attorney About Elder Guardianship in Wisconsin?

If you need help seeking guardianship of your elderly parents, we’re here for you. Our team has experience and guardianship and will always look out for your and your parents’ best interests. Please call our office today to schedule a free consultation with a caring professional who can give you the guidance and legal advice you need.

Attorney Carlos Gamino

By |2022-05-20T20:39:52-05:00July 28th, 2022|Elder Law, Guadianship Law|Comments Off on Should You Seek Guardianship of Your Elderly Parents in Wisconsin?

What Happens to Your Kids if You’re Charged With Child Abuse in Wisconsin?

By Carlos Gamino

If you are like many people facing child abuse charges, you’re most likely wondering what will happen to your kids if you’re convicted. This guide explains.

What Happens to Your Kids if You’re Charged With Child Abuse in Wisconsin?

If you are facing child abuse charges in Wisconsin, you may be wondering what will happen to your children. The answer depends on a number of factors, including the severity of the abuse, whether you have a previous history of abuse, and whether the authorities believe your children are in danger if they remain in your care.

In some cases, the court may order that your children be removed from your home and placed in foster care or with another relative. In other cases, the court may place your children in your care but subject you to close supervision by child welfare authorities.

If you are convicted of child abuse, you will likely face significant penalties, including jail time, a fine, and the loss of your parental rights. Depending on the nature of your crime, you may also be required to register as a sex offender. In any case, you may wish to speak to a child abuse defense attorney in Wisconsin.

Related: Should you hire a child abuse defense attorney?

Can You Ever Get Your Kids Back if You’re Convicted of Child Abuse in Wisconsin?

You may be able to get your kids back if you’re convicted of child abuse in Wisconsin, but it will depend on the severity of the abuse and whether or not you’ve taken steps to rehabilitate yourself. If the abuse was severe, you may not be able to get your kids back even if you’ve gone through treatment. However, if the abuse was not severe and you have taken steps to improve yourself, you may be able to get your kids back. The decision will ultimately be up to the judge in your case. If you’re convicted of child abuse, it’s important to talk to a lawyer about your options and what you can do to try to get your kids back.

Related: What to do about false allegations of child abuse in Wisconsin

Do You Need to Talk to an Attorney About Child Abuse Charges in Wisconsin?

Have you been accused of child abuse, it may be in your best interest to speak to a criminal defense attorney in Wisconsin. Call our office today at 414-383-6700 for a free consultation with a caring, experienced professional. We’ll answer your questions and give you the guidance and legal advice you need to begin moving forward and get the best possible outcome in your case.

Attorney Carlos Gamino

By |2022-05-20T20:37:27-05:00July 26th, 2022|Criminal Law|Comments Off on What Happens to Your Kids if You’re Charged With Child Abuse in Wisconsin?

What Happens if You Refuse to Let Police Search Your Car in Wisconsin?

By Carlos Gamino

When the police pull you over or come to your home, they may be allowed to search your car. You have the right to refuse a police officer’s request to search your car, but there may be instances during which police don’t even need your consent. This guide explains.

What Happens if You Refuse to Let Police Search Your Car in Wisconsin?

If you refuse to let the police search your car in Wisconsin, they may ask for your consent again or may try to obtain a warrant. If the police have probable cause to believe there is evidence of a crime in your car, they may be able to search it without your consent or a warrant.

  • If you are arrested, the police can search your car incident to arrest. If the police impound your car, they may be able to search it without your consent or a warrant.
  • If you are stopped for a traffic violation and the police have probable cause to believe there is evidence of a crime in your car, they may be able to search it without your consent or a warrant.
  • If the police have probable cause to believe there is evidence of a crime in your car and they search it without your consent or a warrant, anything they find may be used against you in court.

If the police search your car without your consent or a warrant and find evidence of a crime, you should talk to a criminal defense lawyer.

Related: When can police search your body?

Will You Go to Jail for Refusing to Let Police Search Your Car in Wisconsin?

If the police believe that there is probable cause to search your car, they may do so without your consent. If you resist or try to stop the police from searching your vehicle, you may be charged with a crime.

In Wisconsin, it is a crime to resist or obstruct an officer while they are performing their duties. This includes resisting or obstructing an officer who is trying to search your car. If you are convicted of this crime, you could face up to 9 months in jail and a fine of up to $10,000.

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

If the police want to search your car, or if they’ve already searched your car with or without your consent, we may be able to help you. Call our office at 414-383-6700 now to schedule a consultation with an experienced professional who can answer your questions about police searches and more. We’ll be happy to help you get the best possible outcome in your case.

Attorney Carlos Gamino

By |2022-05-20T20:30:22-05:00July 21st, 2022|Criminal Law|Comments Off on What Happens if You Refuse to Let Police Search Your Car in Wisconsin?

What if Your Spouse Lies to Get a Restraining Order Against You?

By Carlos Gamino

Unfortunately, it’s not uncommon for spouses and ex-spouses to lie to the police and to judges in order to obtain restraining orders – but is there anything you can do about it? This guide explains what you can do if your spouse or ex-spouse lied about you in order to get a restraining order.

Can You Do Anything if Your Spouse Lies to Get a Restraining Order Against You in Wisconsin?

If your spouse has lied to get a restraining order against you in Wisconsin, there are a few things you can do. You can file a motion to dismiss the restraining order, or you can request that the court modify the order. You can also try to negotiate with your spouse – but only after consulting with your Wisconsin family law attorney on the best way to proceed – to have the order lifted. (You never, ever want to contact this person directly.)

If you have been served with a restraining order, it is important to obey the order and not violate it, as this can result in criminal charges. If you have questions about your legal rights and options, you should contact an experienced family law attorney for help.

Related: Restraining orders and injunctions

What Does a Restraining Order Prevent You From Doing in Wisconsin?

If you have been served with a restraining order in Wisconsin, it is important to understand what the order prohibits you from doing. Depending on the terms of the order, you may be prohibited from having any contact with the person who obtained the order, going near their home or workplace, or even possessing any firearms. You may have difficulty seeing your children or even entering your own home.

Violating a restraining order can result in criminal charges, so it is important to understand the terms of the order and follow them closely.

Related: What happens if you violate a restraining order in Wisconsin?

Why Do Some People Lie to Get Restraining Orders?

There’s no way to explain the reasoning behind every lie told to get a restraining order, but often, people do it out of a desire to make others look bad or to gain an advantage in a proceeding such as a divorce.

Do You Need to Talk to an Attorney About Your Spouse Lying to Get a Restraining Order?

If your spouse has lied to obtain a restraining order against you, we may be able to help you. Call our office at 414-383-6700 now to schedule a consultation with a caring professional who can Assist you in getting the best possible outcome in your case.

Attorney Carlos Gamino

By |2022-05-20T20:24:56-05:00July 19th, 2022|Criminal Law|Comments Off on What if Your Spouse Lies to Get a Restraining Order Against You?

Can You Get an Occupational License After OWI in Wisconsin?

By Carlos Gamino

If you’re convicted of operating while intoxicated in Wisconsin, you’ll lose your driving privileges – there’s no question about it. Judges are required to revoke or suspend your license. However, some people qualify to apply for an occupational license. Here’s what you need to know.

Can You Get an Occupational License After OWI in Wisconsin?

It’s possible to get an occupational license after an OWI conviction in Wisconsin. An occupational license is a license that lets you drive to work or school, or to handle household essentials, while your driving privileges are revoked or suspended.

When Are You Eligible for an Occupational License?

You become eligible for an occupational license after a certain amount of time has passed since your conviction. The following table outlines the required waiting times based on your specific conviction.

Your ConvictionWaiting Period Before Applying
First-offense OWINo waiting period
Second or subsequent OWI45 days
Causing injury while intoxicated60 days
OWI with great bodily harm120 days
Negligent homicide while intoxicated120 days
Refusal of breath or blood test, first offense30 days
Refusal of breath or blood test, second offense90 days
Refusal of breath or blood test, third offense120 days

Your waiting period begins on the effective date of your license revocation or suspension. That means if your license is revoked on March 1 for a second-offense OWI, you must wait until April 14 to apply (that’s 45 days later).

Conditions for Getting an Occupational License

Before you can apply for an occupational license, you must install an ignition interlock device on your vehicle. In fact, you must install one on every vehicle titled or registered in your name.

Related: 3 ways to get an OWI dismissed in Wisconsin

Do You Need to Talk to an Attorney About OWI and Your Driving Privileges?

If you’ve been accused of OWI, you need a tough attorney who’s willing to fight for you. Call our office at 414-383-6700 now to schedule your free consultation with an experienced professional – we may be able to help you. We’ll work hard to get the best possible outcome in your case.

Attorney Carlos Gamino

By |2022-07-19T13:56:39-05:00July 19th, 2022|Criminal Law, Traffic Offenses|Comments Off on Can You Get an Occupational License After OWI in Wisconsin?

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