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What is the Miranda Warning?

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This episode is also available as a blog post: https://gamino.law/what-is-the-miranda-warning/

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By |2021-07-23T15:58:38-05:00July 23rd, 2021|Uncategorized|0 Comments

Can You Be Deported for Committing a Crime?

By Attorney Carlos Gamino

If you’re like many immigrants, you know that the United States government can (and does) deport people for a wide range of reasons. But can you be deported for committing a crime? Here’s what you need to know.

Can You Be Deported for Committing a Crime?

If you’re a visa-holder or a lawful permanent resident of the U.S., some crimes can get you deported. That means an immigration judge can order you to leave the country, even if you have family here, a job, and a home – and even if you’ve been here most of your life. (In rare cases, even naturalized U.S. citizens can be deported.)

Related: Will you get in trouble for making a false confession?

What Crimes Are Grounds for Deportation?

If you’re convicted of the following crimes, you could be deported from the United States:

  • Aggravated felonies
  • Crimes of “moral turpitude”
  • Document fraud (such as on your immigration application)
  • Domestic violence
  • Drug crimes
  • Espionage
  • Firearms trafficking
  • Fraud
  • Human trafficking
  • Money laundering
  • Murder
  • Rape
  • Sabotage
  • Smuggling
  • Terrorism

This isn’t a complete list, either. Some crimes fall into larger categories, such as crimes of moral turpitude or aggravated felonies.

Related: Is it okay to tell your lawyer you’re guilty?

What Should You Do if You’re an Immigrant Accused of a Crime?

For most immigrants, the best possible thing to do when accused of a crime is to get in touch with a Wisconsin criminal defense attorney. Your attorney can evaluate your case and find the best possible defense – and if the state ends up dropping the charges or you’re found not guilty in court, you won’t have to worry about whether a crime makes you deportable.

Naturally, there’s no way to predict how a judge will rule in any case – but when you have a lawyer on your side, there’s someone knowledgeable in your corner who can fight back against the charges leveled against you.

Do You Need to Talk to an Attorney Because You’re an Immigrant Who’s Accused of a Crime?

If you’re an immigrant who’s been accused of any crime – whether you’re a visa-holder, a lawful permanent resident with a green card, or a naturalized U.S. citizen, we may be able to help you. Call our office at 414-383-6700 now to speak with a caring, knowledgeable Wisconsin criminal defense attorney in a free (and confidential) consultation.

Carlos Gamino

By |2021-05-17T22:46:35-05:00July 21st, 2021|Criminal Law, Immigration Law|0 Comments

Explaining Divorce to a Preschooler

By Attorney Carlos Gamino

Telling your children you’re divorcing their other parent is never easy, and kids of different ages – and of different personality types – will take the news differently. So how do you explain divorce to a preschooler? This guide offers some helpful tips.

How to Explain Divorce to a Preschooler

If you’re like most parents, your primary concern is your child’s well-being – and that may mean that you’re agonizing over how to tell your little one that you and their other parent are splitting up. The bottom line is that preschoolers don’t understand the idea of divorce, and they generally don’t want their parents to separate (even if there’s a lot of family tension, fighting and arguing). Preschoolers are just learning about control (and how they can exert control over their own environments), so the thought of being out of control can be stressful, frightening and confusing for them.

Related: What to know before you divorce

Preschoolers may feel uncertain about the future when their parents divorce, so you should give them as much comfort as possible. Reassure your child that no matter what happens between you and your spouse, you’ll both always love and parent your child.

It’s also a good idea for you and your spouse to sit down together to answer your child’s questions, as well as to discuss his or her feelings. Often, preschool-aged kids reflect their parents’ moods and attitudes, so they’ll take cues from you and your spouse on how to act – and that means remaining calm and confident whenever your child wants to talk about the split.

Related: How does divorce affect kids?

Sometimes books can help preschoolers cope, too. Two Homes by Claire Masurel, My Family’s Changing by Pat Thomas, and Standing on My Own Two Feet by Tamara Schmitz may all be helpful for your child.

Do You Need to Talk to a Wisconsin Divorce Attorney?

If you’re contemplating divorce and aren’t sure where to start, or if you have specific questions, we may be able to help you. Call us at 414-383-6700 to speak with an attorney about your situation. We can give you the case-specific legal advice you need to begin moving forward with your life.

Carlos Gamino

By |2021-05-17T22:39:45-05:00July 20th, 2021|Family Law|0 Comments

What Happens if You Commit a Felony in Wisconsin?

By Criminal Defense Attorney Carlos Gamino

Committing a felony is serious – and it comes with very serious consequences. In Wisconsin, felonies are generally considered more serious crimes than misdemeanors are, which means the prison sentences are longer and the fines are higher if you’re convicted. So what happens if you commit a felony in Wisconsin, and what are the specific penalties? Here’s what you need to know.

What Happens if You Commit a Felony in Wisconsin?

In Wisconsin, crimes are classified according to their seriousness. When it comes to felonies, we have:

  • Class A. Possible penalty: Life in prison
  • Class B. Possible penalty: 40 years in prison with 20 years of extended supervision
  • Class C. Possible penalty: 25 years in prison with 15 years of extended supervision, and fines of up to $100,000
  • Class D. Possible penalty: 15 years in prison with 10 years of extended supervision, and fines of up to $100,000
  • Class E. Possible penalty: 10 years in prison with 5 years of extended supervision, and fines of up to $50,000
  • Class F. Possible penalty: 7 years, 6 months years in prison with 5 years of extended supervision, and fines of up to $25,000
  • Class G. Possible penalty: 5 years in prison with 5 years of extended supervision, and fines of up to $25,000
  • Class H. Possible penalty: 3 years in prison with 3 years of extended supervision, and fines of up to $10,000
  • Class I. Possible penalty: 1 year, 6 months in prison with 2 years of extended supervision, and fines of up to $10,000
  • Unclassified felonies. In an unclassified felony, you can expect to spend 75 percent of the total length of the bifurcated sentence in prison and 25 percent of the total length of the bifurcated sentence on extended supervision

As you can see, each class comes with its own consequences. These are the maximum penalties possible – and sometimes judges order lesser sentences in some cases. For example, if you’re convicted of a Class I felony, the judge in your case may choose to sentence you to 1 year in prison instead of 1 year and 6 months. However, every case is different, and there’s no way to predict how a judge will rule.

Related: Can you get into trouble for making a false confession?

Do You Need to Talk to a Lawyer About What Happens if You’re Convicted of a Felony in Wisconsin?

If you need to speak with an attorney about what could happen to you if you’re convicted of a felony – as well as find out how you may be able to get a better outcome than the maximum sentence – we’re here to give you a free consultation. Call our office at 414-383-6700 now to schedule your consultation with an experienced, knowledgeable attorney.

Carlos Gamino

By |2021-05-17T22:48:26-05:00July 18th, 2021|Criminal Law|0 Comments

What is an E-2 Visa?

By Attorney Carlos Gamino

If you’re interested in immigrating to the United States, you’ll need a visa that permits you to come into the country. There are dozens of different types of visas – some that can eventually lead to naturalization and some that cannot – and for many people, the best solution is to talk to a Wisconsin immigration attorney to figure out what type of visa is appropriate. In some cases, it’s an E-2 visa

What is an E-2 Visa?

An E-2 visa is a nonimmigrant visa for people who wish to come to the U.S. to be admitted to the country to invest a “substantial” amount of capital in a U.S. business. Unlike many other types of visas, you can petition for an E-2 visa for yourself – you don’t need an employer or family member to do it for you.

Who Qualifies for E-2 Visas?

You must be a national of a country with which the U.S. has a treaty of commerce and navigation, and you must have invested (or be in the process of investing) in a U.S. business. You must also be seeking to enter the U.S. for the purpose of developing and directing the “investment enterprise” – the company in which you’re investing.

Related: What is an EB-5 visa?

Can Your Family Come With You if You’re in the U.S. on an E-2 Visa?

In many cases, you can bring your spouse and unmarried children who are under the age of 21 if you’re coming to the United States on an E-2 visa.

Related: Nonimmigrant visas

How Long Can You Stay in the U.S. on an E-2 Visa?

You can remain in the United States for two years on your initial E-2 visa. You can request that the government extend your stay in increments of up to two years after that. There’s no limit on the number of extensions you can file, either.

What is a “Substantial” Amount of Capital?

The U.S. government, in this case, defines a substantial amount of capital as:

  • An amount that’s substantial in relationship to the total cost of purchasing an established business or establishing a new one
  • Enough to ensure that the investor is financially committed to the business’s success
  • Large enough to support the likelihood that the applicant will be successful at developing and directing the business

Do You Need to Talk to a Lawyer About Obtaining an E-2 Visa?

If you’re interested in obtaining an E-2 visa to invest in a U.S. business, we may be able to help you. Call our office at 414-383-6700 now to discuss your options and get the answers you need.

Carlos Gamino

By |2021-05-17T22:37:29-05:00July 13th, 2021|Immigration Law|0 Comments

What Happens if You Get Caught With Acid (LSD) in Wisconsin?

By Attorney Carlos Gamino

The state of Wisconsin takes drug crimes very seriously, and many people who are convicted of these types of crimes end up spending time in jail or prison. So what will happen to you if you get caught with acid (LSD) in Wisconsin? Here’s what you need to know.

What Happens if You Get Caught With Acid (LSD) in Wisconsin?

Acid – the common name for LSD – is illegal to possess, manufacture or sell in the state of Wisconsin. Like with nearly every other drug crime, the penalties for being caught depend on how much of the drug you had in your possession at the time of the offense. Generally speaking, LSD is a Class I felony. That means you could spend up to 1 year and 6 months in prison, plus an additional 2 years on extended supervision. The judge in your case could also order you to pay up to $10,000 in fines.

If you intended to sell (or if the state believes you intended to sell) acid to other people, the penalties are even worse. Possession with the intent to sell is a Class F felony, which means you could spend up to 7 years and 6 months in prison with 5 years on extended supervision, and pay fines of up to $25,000. You may also be ordered to attend a mandatory drug treatment program, which costs a significant amount of money (and you’re required to pay for it).

How Can You Defend Against Acid Possession Charges?

There are several ways your drug crime defense attorney may be able to defend you against acid possession charges. For example, if the drugs weren’t even yours, your attorney may be able to show that the prosecutor cannot prove his or her case in court. Even if the drugs were yours, your attorney will come up with a defense strategy that gets you the best possible outcome.

Do You Need to Talk to a Lawyer About Acid/LSD Charges in Wisconsin?

If you’ve been caught with acid/LSD or any other type of drug, you may need to speak to an attorney as soon as possible. Your attorney can help protect your rights and ensure that you get a fair trial. Call our office today at 414-383-6700 to schedule your free consultation with an experienced and knowledgeable drug crime defense attorney – we’ll be happy to answer your questions and come up with a strategy that helps you.

Carlos Gamino

By |2021-05-17T22:50:55-05:00July 11th, 2021|Criminal Law|0 Comments

Is It a Crime to Have Drug Paraphernalia?

By Criminal Defense Lawyer Carlos Gamino

In Wisconsin, it’s illegal to possess drug paraphernalia. That means you can get into trouble for having anything related to drug use in your possession (including in your backpack, your car or your school locker). Here’s what you need to know.

Is it a Crime to Possess Drug Paraphernalia in Wisconsin?

Under Wisconsin law, it’s typically a misdemeanor to possess drug paraphernalia. Paraphernalia is any tool that has to do with drug use, including anything that would help you:

  • Plant
  • Propagate
  • Cultivate
  • Grow
  • Harvest
  • Manufacture
  • Compound
  • Convert
  • Produce
  • Process
  • Prepare
  • Test
  • Analyze
  • Pack
  • Repack
  • Store
  • Contain
  • Conceal
  • Inject
  • Ingest
  • Inhale
  • Introduce into the human body

Naturally, some of the things that could be related to growing marijuana can be related to growing, say, tomatoes; likewise, some of the things used to pack illegal drugs, such as small plastic bags, can also be used for jewelry and other tiny items. The key here is that it’s not illegal to have these things unless they’re related to drug use in some way. Some things are very clearly drug paraphernalia, such as a glass pipe used for crack cocaine – but other things are more ambiguous, such as hydroponic growing systems that you could use for virtually any plant.

What Should You Do if Police Find Drug Paraphernalia in Your Possession?

First things first: You are entitled to an attorney, no matter what the police accuse you of doing (and even if you’re innocent). If the police accuse you of a crime, or if they find items that they could use to accuse you of a crime, you should call a lawyer for immediate advice. In the meantime:

  • Do not answer any questions, even if you’re simply trying to explain to police that they’ve made a mistake
  • Do not attempt to destroy any evidence
  • Don’t be rude or disrespectful to the police, although there is no law that says you must be polite (this is mostly to make your experience with the police smoother)

You should definitely call an attorney as soon as you can. Your lawyer will be able to help protect your constitutional rights and defend you in court – and in a drug paraphernalia case, having an attorney in your corner may make a big difference.

Do You Need to Talk to a Lawyer About Drug Paraphernalia Charges?

Whether you were charged with possession of drug paraphernalia with or without an accompanying drug charge, we may be able to help you. Call our office at 414-383-6700 today to talk about your case with an experienced, knowledgeable drug crime defense attorney during a free consultation.

Carlos Gamino

By |2021-05-17T22:53:21-05:00July 6th, 2021|Criminal Law|Comments Off on Is It a Crime to Have Drug Paraphernalia?

Can Wisconsin Put You On Trial Twice for the Same Crime?

By Defense Attorney Carlos Gamino

The state of Wisconsin can’t put you on trial more than once for the same crime – that’s called double jeopardy, and the U.S. Constitution’s Fifth Amendment prohibits it. But does that mean the state only gets one chance to prosecute you? Here’s what you need to know.

Can You Be Tried Twice for the Same Crime in Wisconsin?

You can’t be tried twice for the same offense. The Constitution protects you from the government prosecuting you or punishing you more than once for the same crime. That means if you’re tried once for a particular crime, you can’t be tried again:

  • After an acquittal (being found not guilty)
  • After being found guilty
  • After being punished

Let’s say the court finds you not guilty of theft because at trial, the prosecutor couldn’t convince the jury that you stole a car. Later, if the prosecutor gets his hands on a video of you stealing the car, that’s too bad – you can’t be tried twice for the same crime.

What About Multiple Offenses That Occurred at the Same Time?

The prohibition against double jeopardy only extends to the state trying a person more than once for the same crime. It doesn’t prevent the state from trying a person for multiple crimes that are all connected. The government can prosecute you for stealing a car and robbing a bank separately or together, even if those crimes were part of the same incident.

You could be tried for these offenses separately if the state hadn’t charged you with robbing the bank, for example, because nobody knew it was you until after you were already tried for stealing the car. It could also happen separately if the state found you not guilty of stealing the car – as long as the state only tries you for robbing the bank and not stealing the car, it’s allowed to prosecute you for a crime that occurred during the same incident.

Do You Need to Talk to an Attorney About Double Jeopardy, Being Re-Tried for a Crime, or Separate Crimes That Occurred During the Same Incident?

If you’re in any kind of legal trouble, we may be able to help you – just call our office at 414-383-6700 to discuss your options and get answers to your questions now.

Carlos Gamino

By |2021-05-17T22:55:15-05:00July 4th, 2021|Criminal Law|Comments Off on Can Wisconsin Put You On Trial Twice for the Same Crime?

Is a Traffic Ticket a Criminal Offense in Wisconsin?

By Attorney Carlos Gamino

Most traffic tickets are not criminal offenses in Wisconsin, and the good news is that minor traffic offenses are generally treated differently than more serious violations of the law. However, some traffic offenses are crimes, so here’s what you need to know.

The Most Common Traffic Tickets in Wisconsin

Some of the most common traffic infractions in Wisconsin include:

  • Speeding
  • Rolling through a stop sign
  • Failing to use your blinker
  • Failing to yield to pedestrians
  • Operating a vehicle without proper lighting
  • Not wearing a seatbelt

For these civil traffic violations, police typically issue the driver a traffic ticket — a form the officer completes and gives to a motorist or pedestrian on the spot. Police officers generally give tickets after they observe or believe that a person has committed a traffic violation. Tickets contain information on how the driver can respond by mailing in the form and a check for the fine, paying the fine online, or challenging the ticket and appearing in court. 

What Are the Penalties for Traffic Tickets?

Wisconsin operates on a demerit system, which means if you get a certain number of points (in Wisconsin, it’s 12), the state can suspend your driving privileges.

That doesn’t mean you just rack up points, though. You generally have to pay a fine – and the fine depends on the severity of your offense. For example, if you’re driving 40 miles per hour in a 35-mile-per-hour zone, your fine will be lower than it would if you were driving 50 miles per hour in the same zone.

If your insurance company finds out that you’ve received a ticket, your insurance premiums may go up. (That doesn’t have anything to do with civil penalties, but it is something you should know about.)

What Traffic Tickets Are Criminal Offenses?

First things first: If you drive knowing your driver’s license is suspended, it’s a criminal offense.

Other criminal offenses related to driving include drunk driving and reckless driving, as well as:

If you’re accused of any of those crimes, you’ll have to go to court and plead guilty or not guilty. If you’re convicted, you may face criminal sentencing (including a trip to jail or prison). It’s probably in your best interest to work with a Wisconsin traffic defense attorney if your situation results in criminal charges.

Related: 3 things you need to know about vehicular homicide in Wisconsin

Traffic Trials vs. Criminal Trials

With most traffic violations, a fine is the worst that can happen; jail isn’t usually among the possible penalties, and license suspension is typically on the table only if the driver has multiple recent traffic convictions. However, drivers accused of committing a misdemeanor or felony criminal offense face the possibility of jail time.

Do You Need to Talk to a Lawyer About a Criminal Traffic Offense?

If you’ve been accused of a criminal traffic offense, we may be able to help you. Call our office at 414-383-6700 now for a free consultation with an experienced, knowledgeable defense attorney. We’ll be happy to answer your questions and help you get the best possible outcome.

Carlos Gamino

By |2021-05-17T22:57:18-05:00June 29th, 2021|Criminal Law, Traffic Offenses|Comments Off on Is a Traffic Ticket a Criminal Offense in Wisconsin?

What Happens to a Felon Caught With a Gun in Wisconsin?

By Attorney Carlos Gamino

In Wisconsin, it is a crime for any person convicted of a felony to purchase or possess a firearm. The offense can be punishable by up to 10 years prison and up to a $10,000 fine.

How is Possession Defined in Wisconsin?

The charge of possession is defined in two ways in Wisconsin: 1) “Actual possession,” which means the felon knowingly had actual, physical control of a firearm, such as holding the firearm in his or her hand; and 2) “constructive possession,” which means the felon had access to the firearm, and the state can prove that the firearm was in an area over which the felon had control, and that the felon intended to exercise control over the firearm. Constructive possession can be established without the state even proving the felon ever touched the gun.

Can You Go to Jail for “Felon in Possession” if You Got a Felony Outside of Wisconsin?

The crime of illegal possession of a firearm in Wisconsin is not limited to individuals who are convicted of a felony offense. Wisconsin statutory law specifically prohibits a prohibited person from possessing a firearm. A prohibited person is:

  • Anyone who has been convicted of a felony in the state of Wisconsin
  • A person who has been convicted of a crime elsewhere if that crime would be a felony if committed in Wisconsin (even if it’s not in another state)
  • Someone who has been adjudicated delinquent for an act committed on or after April 21, 1994, that would be considered a felony
  • A person who been found not guilty of a felony in the state by reason of mental disease or defect (the law’s words, not ours)
  • Someone who has been found not guilty of or not responsible for a crime elsewhere that would be a felony in Wisconsin by reason of insanity or mental disease, defect, or illness

What Kind of Sentence Could You Face for Felon in Possession in Wisconsin?

The minimum sentence for firearm possession by a felon in Wisconsin has a potential sentence of up to 10 years in prison. The sentence could be divided into five years of initial confinement and five years supervision, and a $25,000 fine. If the person in question has been previously convicted of committing, soliciting, conspiring, or attempting to commit a felony, and convicted of possession of a firearm by a felon within five years after completing his or her sentence — including probation, parole, or extended supervision for previous felony or violent misdemeanor — then the mandatory sentence is three years of initial confinement.

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

If you’ve been accused of possessing a firearm as a felon – even “constructive possession” – we may be able to help you. Call us at 414-383-6700 now for a free consultation with an experienced attorney.

Carlos Gamino

By |2021-05-17T22:59:10-05:00June 22nd, 2021|Criminal Law|Comments Off on What Happens to a Felon Caught With a Gun in Wisconsin?