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OWI in Wisconsin

OWI in Wisconsin - Carlos Gamino

By Carlos Gamino

Operating while intoxicated – the legal name for drunk or drugged driving – is a very serious offense, and it’s something that will stay on your criminal record. The legal process surrounding OWI can be confusing, so we’ve put together this OWI in Wisconsin FAQ. If you don’t see your question answered here, or if you need to talk to an attorney because you’ve been charged with OWI, call us right away at 414-383-6700 to schedule a free consultation with an attorney.

FAQ on OWI in Wisconsin

Because there’s a lot of misinformation floating around about OWI – and because Wisconsin is different from many other states when it comes to drinking and driving – it’s a good idea to check out these frequently asked questions.

What is an OWI in Wisconsin?

OWI is short for operating while intoxicated, and it can mean that you were under the influence of alcohol or drugs. If the police arrest you for OWI, there’s a very good chance that you’ll spend the night in jail and lose your driving privileges. For most people, the best thing to do is get in touch with an OWI attorney as soon as possible.

Is OWI a Felony in Wisconsin?

Unlike other states, a first-offense OWI, provided that you didn’t hurt anyone and that you didn’t have a child under the age of 16 in the vehicle with you, is not a felony in Wisconsin. Instead, it’s treated as a traffic violation. You’ll lose your driver’s license for 6 to 9 months, and you’ll be fined between $150 and $300 (plus you’ll have to pay a $435 OWI surcharge), if it’s your first offense.

Second-offense OWI is a misdemeanor, and you could spend up to 6 months in jail and pay fines. You’ll also lose your driver’s license for at least 12 months.

Third-offense OWI can be a felony, and you could spend between 45 days and 2 years in jail or prison. You’ll also have to pay serious fines.

Fourth-offense and subsequent OWIs are felonies in Wisconsin.

What Are the Penalties for OWI in Wisconsin?

The penalties for OWI in Wisconsin depend on how many prior OWIs you have had, whether or not you were traveling with someone under the age of 16 in the vehicle, and whether anyone was hurt. This table shows the basics:

ConvictionFine/ForfeitureJail or PrisonLicense Revocation
First Offense$150 to $300, plus $435 OWI surchargeNo6 to 9 months
Second Offense$150 to $300, plus $435 OWI surchargeNo6 to 9 months
Second Offense with prior OWI within 10 years, or prior OWI with great bodily harm or homicide by intoxicated use offense at any time in the past$350 to $1,1005 days to 6 months12 to 18 months (plus the amount of time served in jail)
Third offense$600 to $2,00045 days to 1 year2 to 3 years (plus the amount of time served in jail)
Fourth offense$600 to $10,00060 days to 6 years2 to 3 years (plus the amount of time served in prison)
Fifth and sixth offense$600 to $25,000Up to 10 years2 to 3 years (plus the amount of time served in prison)
Seventh, eighth or ninth offenseUp to $25,0003 to 12 years and 6 months2 to 3 years (plus the amount of time served in prison)
Tenth or subsequent offenseUp to $50,0004 to 15 years2 to 3 years (plus the amount of time served in prison)
Causing injury with no prior OWI offense or chemical test refusal$300 to $2,00030 days to 1 year1 to 2 years (plus the amount of time served in jail)
Causing injury with a prior OWI or chemical test refusalUp to $10,000Up to 6 years1 to 2 years (plus the amount of time served in prison)
Causing great bodily harmUp to $25,000Up to 12 years and 6 months2 years (plus the amount of time served in prison)
HomicideUp to $100,000Up to 25 years5 years (plus the amount of time served in prison)

What’s the Difference Between DUI and OWI in Wisconsin?

DUI means driving under the influence, and OWI means operating under the influence. In Wisconsin, you don’t have to be driving for the police to arrest you for OWI; you can simply be sitting in the driver’s seat of a car that’s running and not moving. The bottom line is that with a DUI, the vehicle must be moving; with an OWI, it can be parked.

How Long Does an OWI Stay on Your Record?

An OWI will stay on your record forever in Wisconsin. That means if you had a first-offense OWI two decades ago, it’s still there – and if you’re arrested for OWI again, it will be your second offense. OWIs never “fall off” your record.

Do You Need to Talk to a Lawyer About an OWI in Wisconsin?

If you’ve been accused of OWI in Wisconsin, we may be able to help you. Call us right away at 414-383-6700 to schedule a free consultation with a drunk driving lawyer today.

Carlos Gamino

By |2020-05-16T18:03:02-05:00July 4th, 2020|Criminal Law, Traffic Offenses|Comments Off on OWI in Wisconsin

What Happens When You’re on Probation?

By Carlos Gamino

What Happens When You’re on Probation - Carlos Gamino

In some cases, judges sentence people to probation. Probation is a sentence that allows you to be released into the community instead of keeping you in jail, but you’re only released on the condition that you stay out of trouble. If you get into trouble with the law, the judge can revoke your probation and send you to jail to serve the rest of your sentence.

But what happens when you’re on probation? Here’s what you need to know.

What Happens When You’re On Probation?

When you’re on probation, which is considered “community supervision,” you have to follow certain rules. For example, the judge in your case might require you to participate in drug or alcohol counseling, go through a school program or perform community service.

You’ll also have to meet with a probation officer on a regular basis. Your probation agent will let you know how often you’re supposed to meet, as well as where you’ll meet. You can’t miss those meetings – if you do, you’re violating the conditions of your probation and could end up back in jail.

Related: Wisconsin probation rules

You’ll remain on probation until your sentence is completed. Sometimes people get discharged from probation early, provided they’ve satisfied all the conditions (like going to school or participating in counseling) and fulfilled all their financial obligations.

Probation FAQ

Probation can be confusing, so use this guide to help you determine what happens when you’re on probation. If you don’t see your question answered here and you need help with your own case, please call us at 414-383-6700 to schedule a free consultation with a probation violation attorney.

Can Police See if You’re on Probation?

Police can see that you’re on probation when they run your name through a law enforcement database. If a police officer doesn’t check up on you in this way, the only way he or she will know that you’re on probation is if you say so.  

What Happens When You Get Pulled Over While on Probation?

When a police officer pulls you over while you’re on probation, he or she will be able to see that you’re on probation after running your name through a law enforcement database. You can’t be arrested simply for being on probation, but you can be arrested if you’re violating the conditions of your probation. Remember, too, that committing a new crime is off-limits – you’ll get into trouble for the new crime and for violating your probation.

Do You Automatically Go to Jail for Violating Probation?

If you violate your probation, there’s a good chance that the judge in your case will revoke your probation and send you to jail to serve the rest of your sentence. However, not all probation violations result in going back to jail.

Related: What is a probation review hearing in Wisconsin?

Do You Need to Talk to an Attorney About a Probation Violation?

If you’ve been accused of violating your probation, we may be able to help you. Call us at 414-383-6700. We’ll be happy to talk to you about what happens when you’re on probation and you violate the terms of your agreement – and what you can do to stay out of jail.

Carlos Gamino

By |2020-05-16T18:44:26-05:00June 29th, 2020|Criminal Law|Comments Off on What Happens When You’re on Probation?

Examples of Disorderly Conduct in Wisconsin

Examples of Disorderly Conduct in Wisconsin - Carlos Gamino

By Carlos Gamino

Under Wisconsin law, disorderly conduct is a very broad term – and the consequences of a conviction can be pretty serious (and they’ll stay on your record forever unless you petition the court to remove them). It covers any behavior in public or in private that’s likely to provoke a disturbance, such as behaviors that are:

  • Violent
  • Abusive
  • Indecent
  • Profane
  • Boisterous
  • Unreasonably loud
  • Otherwise disorderly conduct

Just from that list, you can see that the police can arrest you for disorderly conduct when you’re doing just about anything but walking quietly down the street. If you’re convicted, you’re looking at a Class B misdemeanor – and that’s punishable by up to 90 days in jail and a fine of up to $1,000.

3 Examples of Disorderly Conduct in Wisconsin

Still not sure what constitutes this type of crime? Check out these three examples of disorderly conduct.

#1. Participating in a disruptive protest

The state can charge you with disorderly conduct if you’re part of a disruptive protest. For example, if the protest you’re participating in devolves from a peaceable assembly into one that involves fighting, profane verbal altercations (with the police or with others), or destruction of property, you can be arrested, charged with disorderly conduct, and possibly convicted.

#2. Public intoxication

It’s not uncommon for people to drink at a bar in downtown Milwaukee, walk to another bar, drink more, and hit the streets again. However, when public intoxication is obvious (such as when other people see you staggering, being loud or obnoxious, or urinating in public), the police can arrest you and charge you with disorderly conduct.

#3. Yelling, screaming or verbally assaulting others

In a recent Michigan protest, a man was alleged to have screamed in a police officer’s face. In some instances, that’s enough to get someone arrested for disorderly conduct (the police did not arrest that man).

Do You Need to Talk to a Lawyer About These Examples of Disorderly Conduct or Your Own Charges?

If you’ve been accused of disorderly conduct, we may be able to help you. Call us at 414-383-6700 to schedule your free consultation with a Milwaukee disorderly conduct attorney today.

Carlos Gamino

By |2020-05-16T17:36:26-05:00June 23rd, 2020|Criminal Law|Comments Off on Examples of Disorderly Conduct in Wisconsin

Arrested for Meth: Will You Go to Prison?

By Attorney Carlos Gamino

Will You Go to Prison if You’re Arrested for Meth - Carlos Gamino

If you’re arrested for meth possession, there’s a good chance that you’ll end up being formally charged with drug possession – and you could even spend time in jail because of it.

The state of Wisconsin can convict you of possession of a controlled substance if the prosecution can prove that:

  • You possessed a controlled substance or controlled substance analog
  • You knew or believed that the substance was a controlled substance or controlled substance analog

Will You Go to Prison if You’re Arrested for Meth in Wisconsin?

You can go to prison if you’re arrested for meth possession. Methamphetamine is a Schedule II drug, so it’s in the same category as cocaine, PCP and morphine. If you’re caught with it, you’re looking at a Class I felony. That means you should probably get in touch with a drug crime defense attorney as soon as you can, because the consequences are serious. The maximum penalties for a Class I felony conviction in Wisconsin are:

  • Imprisonment for up to 3 years and 6 months, with 1 year and 6 months of initial confinement and 2 years of extended supervision
  • Fines of up to $10,000
  • Loss of your driver’s license for a minimum of 6 months and a maximum of 5 years (on top of your initial confinement)

Related: Possession of a controlled substance defense

Is Possession of Meth a Felony in Wisconsin?

Possession of meth is a Class I felony in Wisconsin, which means you could spend up to 1 year and 6 months in prison and get 2 years of extended supervision. Even having methamphetamine paraphernalia, such as a pipe, tin foil, needles or a small spoon, can lead to a Class H felony charge. If you’re caught with paraphernalia and convicted of a Class H felony, you could spend up to 3 years in prison with 3 years of extended supervision.

Related: Facing a methamphetamine charge

How Much Time Do You Get for Selling Meth in Wisconsin?

If you’re caught trafficking drugs, which means you’re moving them with the intent to sell them, you could be facing a Class G, Class F, Class E, Class D or Class C felony – and each involves prison time as follows:

  • Class G felony: Up to 5 years in prison with 5 years of extended supervision
  • Class F felony: Up to 7 years and 6 months in prison with 5 years of extended supervision
  • Class E felony: Up to 10 years in prison with 5 years of extended supervision
  • Class D felony: Up to 15 years in prison with 10 years of extended supervision
  • Class C felony: Up to 25 years in prison with 15 years of extended supervision

Do You Need to Talk to an Attorney Because You Were Arrested for Meth Possession or Trafficking?

If you’ve been arrested on any drug charge, we may be able to help you. Call us at 414-383-6700 to schedule a free consultation with a drug crime defense lawyer now.

Attorney Carlos Gamino

By |2020-05-16T18:42:34-05:00June 22nd, 2020|Criminal Law|Comments Off on Arrested for Meth: Will You Go to Prison?

Can You Get in Trouble for Going to Illinois to Buy Weed?

By Attorney Carlos Gamino

Can You Get in Trouble for Going to Illinois to Buy Weed - Carlos Gamino

In our neighboring state of Illinois, buying and using marijuana – in certain amounts – is perfect legal. And now Wisconsin police are on the lookout for “weed tourism,” which occurs when people from Wisconsin travel south to Illinois to buy or use marijuana.

But can you get in trouble for going to Illinois to buy weed? Here’s what you need to know.

Can You Get in Trouble for Going to Illinois to Buy Weed?

In Wisconsin, it’s illegal to possess marijuana – and it doesn’t matter where you got it or whether you purchased it legally. Even if it’s okay for you to walk into a dispensary in Chicago and buy marijuana, it’s not okay to for you to bring it into the state of Wisconsin.

Related: Drug trafficking crimes

If you use marijuana in Illinois and drive home when you’re high, you’re subject to arrest and an OWI charge. That can happen if police have a reasonable suspicion (or they can see) that you’re violating the law, such as speeding, not wearing a seatbelt or driving with one burned-out headlight. Once police pull you over, they can put you through a field sobriety test – and if you appear to be under the influence of drugs or alcohol, you’ll most likely find yourself in the back of a police car.

And for the record, it’s a crime to drive with any detectable amount of a restricted controlled substance in your system, such as THC. If you have THC in your system, that can be used against you in court.

The bottom line: You can get in trouble for going to Illinois to buy weed, even if it’s in an indirect way.

Related: Drug possession offenses

Do You Need to Talk to a Lawyer About Criminal Charges You Picked Up After Going to Illinois to Buy Weed?

When you’re accused of any drug crime, you can benefit from talking to a criminal defense attorney. Call us at 414-383-6700 now to schedule your free case review – we’ll listen to your side of the story and help you get the best possible outcome.

Attorney Carlos Gamino

By |2020-05-16T18:37:47-05:00June 15th, 2020|Criminal Law|Comments Off on Can You Get in Trouble for Going to Illinois to Buy Weed?

Green Card FAQ

Green Card FAQ - Carlos Gamino

By Carlos Gamino

If you’re like many people, you’d like to get a green card and become a lawful permanent resident, or LPR, of the United States. Whether you’re in the U.S. on a visa right now or you’re just beginning the process, this green card FAQ will answer all your questions – and if you don’t see the answers you need here, call us at 414-383-6700 to schedule a consultation with a Wisconsin immigration lawyer.

Related: Immigrant visa information

Green Card FAQ

Check out the questions and answers below to get the information you need about becoming a lawful permanent resident of the U.S. and getting a green card.

What is a Green Card?

A green card, which is officially known as a Permanent Resident Card, allows you to live and work permanently in the United States. This immigration document shows that you’re authorized to travel anywhere in the U.S. for any lawful purpose, that you can work for any employer you wish to work for, and that you can live in any city in any state without restriction.

How Many Green Cards Are Issued Per Year?

During Fiscal Year 2019, U.S. Customs and Immigration Services issued just under 577,000 green cards. The number varies each year, but USCIS is working through its backlog of applications to reduce wait times for applicants.

How Long Does it Take to Get a Green Card?

Typically, it takes between 7 and 36 months for USCIS to process a green card application. It depends on several factors, including where your application is processed. Some types of green cards take even longer – for example, it can take between 1 year and 10 years for USCIS to approve a family preference green card.

You can check your case status online here.

Can I Travel While Waiting for a Green Card?

You can travel inside the U.S. without restriction while you’re waiting for your green card. If you want to leave the United States, you’ll have to fill out and file a Form I-131, Application for Travel Document. Typically, if you’re waiting for your green card and you leave the U.S. without an advance parole document, the U.S. government can conclude that you’ve abandoned your application.

Related: Permanent residency in the U.S.

How Long Can You Stay Out of the Country With a Green Card?

If you have a green card, you can generally stay outside the U.S. for up to 6 months at a time. If you stay outside the U.S. for more than 6 months but less than a year, you’ll most likely face additional questioning when you return. If you stay outside the U.S. for a year or more, you’ll need a reentry permit – but you can’t apply for it when you’re outside the U.S. You must apply for it when you fill out and file Form I-131 before you leave the country.

How Long is the Green Card (I-485) Interview?

Your green card interview, which USCIS uses to determine whether to permit you to change your status and become a lawful permanent resident of the U.S., should take less than 30 minutes to complete. Some interviews are very short, and others are a bit longer. Either way, the immigration officer assigned to your case will ask you a series of questions and let you know whether your petition is approved on the spot – unless he or she needs more information. In that case, you’ll be given time to provide additional evidence. You’ll receive USCIS’s decision by mail.

What Happens After the Interview for a Green Card?

In many cases, the USCIS officer who conducts the green card interview will approve the application on the spot. If that happens to you, the officer may put an I-551 stamp inside your passport and USCIS will mail you a green card. However, sometimes USCIS needs more information to make a decision. If that happens to you, you’ll have time to provide evidence; then, you’ll wait for USCIS’s decision to arrive in the mail.

Do You Need to Talk to a Lawyer About Immigration or These Green Card FAQ?

If you have questions about immigration that we haven’t answered here, please feel free to schedule a consultation with an immigration attorney by calling 414-383-6700.

Carlos Gamino

By |2020-05-16T17:32:07-05:00June 15th, 2020|Immigration Law|Comments Off on Green Card FAQ

I-485 Interviews

I-485 Interviews - Carlos Gamino

By Carlos Gamino

An I-485 interview is probably the last step you’ll need to take in the green card application process – and for many people, the interview results in a decision from U.S. Customs and Immigration Services. Here’s what you need to know about the I-485 Adjustment of Status interview.

What Happens During a Green Card Interview?

During your I-485 interview, the officer in charge of interviewing you will ask you questions about your application. If he or she needs clarification on something, you’ll be given a chance to explain. If you’re adjusting your status based on a marriage, your interviewer may ask you questions about the history of your relationship, what you do together as a married couple, and your future plans together. All these questions are USCIS’s way of determining whether you have a bona fide marriage.

Related: Adjustment of status

What Should I Bring to My I-485 Interview?

You should bring a complete copy of your adjustment of status application, including your Form I-485 and other forms you’ve submitted, to your green card interview. You should also bring:

  • Government-issued ID
  • Your appointment notice
  • Originals of any supporting documents you submitted to USCIS
  • Your passport and any travel documents you have (such as an advance parole document)
  • A letter from your employer if you’re applying based on employment
  • Your marriage certificate and evidence of your bona fide marriage (such as a lease or mortgage, joint bank account information, kids’ birth certificates and other types of evidence) if you’re applying based on marriage

Related: Family-sponsored visas

How Long Does an I-485 Interview Take?

Usually, an I-485 interview takes less than 30 minutes to complete.

What Questions Do They Ask in a Green Card Interview?

Many of the questions your interviewer will ask will be about your I-485 application, such as whether you’ve had any major changes since you filled it out. If you’re applying based on marriage, the interviewer will ask questions to establish that you have a bona fide relationship with your spouse. He or she might ask things like:

  • How, when and where did you meet?
  • Where did your spouse work when you met?
  • How much money does your spouse make?
  • When did you decide to marry, and how did you or your spouse propose?
  • Did you go on a honeymoon? Where?
  • How many bedrooms are in your home, and who sleeps in each?
  • What size bed do you and your spouse have
  • Who pays for your housing, and how?

The USCIS officer in charge of your case can ask a wide variety of questions to see if you and your spouse have a genuine relationship.

Do You Need to Talk to an Immigration Attorney About an I-485 Interview?

Many people choose to work with an immigration attorney during the entire green card application process. If you’re applying for a green card, we may be able to help you – whether you’re only considering filing or you’ve already started the process. Call us at 414-383-6700 to schedule a consultation with a Milwaukee immigration attorney today.

Carlos Gamino

By |2020-05-16T18:17:49-05:00June 8th, 2020|Immigration Law|Comments Off on I-485 Interviews

What is an Annulment?

What is an Annulment - Carlos Gamino

By Carlos Gamino

If you’re considering an annulment, there are a few things you need to know first – including how to get one, what it means if your marriage was annulled, and how annulment is different from divorce.

What is an Annulment?

An annulment is a legal declaration that makes a marriage invalid. In simpler terms, an annulment makes it like you were never even married. Under Wisconsin law, a court can annul a marriage if:

  • One party lacked the capacity to consent to the marriage for any reason
  • One party doesn’t have the physical capacity to consummate the marriage (have sex)
  • One party was 16 or 17 at the time of the marriage and married without parental consent or judicial approval, or one party was under the age of 16
  • The marriage is prohibited by state law (such as when one party is already married to someone else)

According to the law, these are the only reasons a person can seek an annulment – and if they don’t fit your situation, you’re going to need to think about divorce instead.

What is an Annulment Compared to Divorce?

Annulment is different from divorce because it invalidates your whole marriage – it’s like it never even happened. Divorce, on the other hand, still acknowledges that you were married; it’s just a dissolution of your marriage contract.

Related: Can I get an annulment in Wisconsin?

How Long Do You Have to Annul a Marriage in Wisconsin?

Usually, you only have a year to annul a marriage in Wisconsin. For example, if one party lacked the capacity to consent to the marriage or lacks the physical capacity to consummate the marriage, you must annul it no later than one year after you obtain knowledge of the incapacity.

If you’re dealing with an underaged couple, you have until the underaged party reaches the age of 18 – but a parent or guardian must bring suit within a year of learning of the marriage.

If the marriage is prohibited by Wisconsin law, you have to bring suit within 10 years of the marriage – except in the case of bigamy, and then the 10-year limitation doesn’t apply.

What is an Annulment Petition in Wisconsin?

In order to get your marriage annulled in Wisconsin, you’ll have to file a Petition for Annulment, which your attorney can do for you. The form needs to be filed in the circuit court where either party lives (and you must have lived in Wisconsin for at least 30 days before you file). For many people, the best course of action is to work with a divorce attorney who’s familiar with annulment.

Do You Need to Talk to an Attorney About Annulment?

If you’re considering annulment, or if you’d like to see what other options you have, we’ll be more than happy to help you. Call us at 414-383-6700 to schedule your free consultation with a Milwaukee divorce attorney now.

Carlos Gamino

By |2020-05-16T17:25:54-05:00June 8th, 2020|Family Law|Comments Off on What is an Annulment?

What is Juvenile Delinquency in Wisconsin?

By Carlos Gamino

What is Juvenile Delinquency in Wisconsin - Carlos Gamino

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.

Related: Juvenile delinquency in Wisconsin

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 |2020-05-16T17:19:20-05:00May 29th, 2020|Juvenile Law|Comments Off on What is Juvenile Delinquency in Wisconsin?

Can I Send My Child to Juvenile Detention?

By Carlos Gamino

Can I Send My Child to Juvenile Detention - 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.

Related: When can minors be tried as adults in Wisconsin?

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.

Related: Wisconsin CHIPS, JIPS and juvenile delinquency attorneys

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 |2020-03-20T09:24:42-05:00May 25th, 2020|Juvenile Law|Comments Off on Can I Send My Child to Juvenile Detention?