News - Page 2 of 65 - Gamino Law Offices, LLC

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

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

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

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

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

Fines for Underage Drinking Tickets

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

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

What if You’re Accused of Underage Drinking?

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

Attorney Carlos Gamino

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

Juvenile Disorderly Conduct in Wisconsin

By Attorney Carlos Gamino

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

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

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

Juvenile Disorderly Conduct in Wisconsin: Possible Penalties

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

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

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

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

Carlos Gamino

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

What is a Public Charge?

By Attorney Carlos Gamino

In immigration, a public charge is someone who’s likely to – or who already has – used certain public benefits for 12 months out of any 36-month period. Being a so-called public charge can affect a person’s immigration application, whether he or she wants to become a lawful permanent resident or a naturalized citizen. Here’s what you need to know.

What is a Public Charge?

The U.S. government considers someone to be a public charge if that person uses one or more of the following benefits for 12 months out of any 36-month period:

Supplemental Security Income (SSI)
Temporary Assistance for Needy Families (TANF)
Any federal, state, local or tribal cash benefit programs for income maintenance
Supplemental Nutrition Assistance Program (SNAP)
Section 8 Housing Assistance under the Housing Choice Voucher Program
Section 8 Project-Based Rental Assistance (including Moderate Rehabilitation)
Public Housing
Federally funded Medicaid (with some exclusions)

That means if you’re a lawful permanent resident who has used Temporary Assistance for Needy Families for more than 12 months out of any 36-month period, you’re considered a public charge.

Who is Exempt From the Public Charge Rule?

Some people are automatically exempt from being considered public charges. These people include:

Refugees
Asylees
Afghans and Iraqis with special immigrant visas
Some nonimmigrant trafficking and crime victims
People who apply under the Violence Against Women Act
Special immigrant juveniles
Others who have received a waiver of public charge inadmissibility from the Department of Homeland Security

Do You Need to Talk to a Lawyer About Lawful Permanent Resident Status or Adjustment of Status?

If you’re considering applying for a green card, or if you’re ready to apply to become a naturalized U.S. citizen – whether or not you’ve ever used public benefits – you may want to talk to an attorney about your case. Call us at 414-383-6700 to schedule your consultation today. We can provide you with the answers and legal guidance you need.

Carlos Gamino

By Carlos Gamino|2020-03-20T08:32:34-05:00April 11th, 2020|Immigration Law|Comments Off

Public Urination Tickets

By Carlos Gamino

If you’ve gotten a municipal ticket for public urination, you may be able to fight it – and that might be in your best interest. Municipal tickets can be expensive, and people will likely be able to see them on your record. Sometimes public urination isn’t “just a ticket,” though. Sometimes it falls under the crime of disorderly conduct, and the penalties for that can be serious.

Public Urination Tickets vs. Disorderly Conduct Crimes

Municipal tickets can be pretty serious. They’re handed out for things that violate municipal ordinances, such as not urinating in public. Disorderly conduct is a little different, though, and if you’re convicted, you could end up spending time in jail.

Disorderly Conduct

If you’ve been charged with disorderly conduct, you may want to talk to a lawyer as soon as possible. The law on disorderly conduct says the state can convict you of the crime if you fall into this category:

“Whoever, in a public or private space, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance.”

Disorderly conduct is a Class B misdemeanor, which means if you’re convicted, you’re looking at up to 90 days in jail and fines of up to $1,000. (Wouldn’t you rather get a municipal ticket?)

What to Do if You’ve Received a Public Urination Ticket or if You’ve Been Charged With Disorderly Conduct

If you’ve received a municipal ticket for public urination or you’ve been charged with disorderly conduct, you may want to talk to an attorney as soon as possible. Either situation can have long-lasting and far-reaching consequences, so legal guidance can be tremendously helpful. You can call us at 414-383-6700 to ask questions about how the law applies in your situation – we’ll be happy to give you a free consultation.

Attorney Carlos Gamino

By Carlos Gamino|2020-03-20T07:44:06-05:00April 10th, 2020|Criminal Law|Comments Off

Public Intoxication in Wisconsin

By Attorney Carlos Gamino

Is it illegal to be drunk in public? Kind-of. It’s not technically a crime listed in Wisconsin’s statutes, but you can be arrested for public intoxication – and you can face criminal charges. Here’s what you need to know.

Public Intoxication in Wisconsin

While no crime exists for public intoxication, the police can pick you up and take you into custody. If that happens, the police can hold on to you until they can transfer you to a treatment facility (either for medical treatment or rehabilitation). The state an also commit you to emergency treatment if you’ve threatened harm to yourself or others, or if you’re too incapacitated to enter voluntary treatment.

Municipal Ordinances About Public Intoxication

Some municipalities have ordinances that relate to public intoxication. Every municipality is different, though, which means there will be different penalties if you’re cited. You may have to pay fines, attend mandatory alcohol education, or complete counseling.

Disorderly Conduct and Public Intoxication

Although you won’t be in trouble for being intoxicated in public, you can face criminal charges for the things you do while you’re drunk in public. You can be charged with a crime if you do something like:

Fight
Cause a disturbance
Engage in loud, boisterous conduct

Disorderly conduct is a Class B misdemeanor, which means if you’re convicted, you’re looking at up to 90 days in jail and fines of up to $1,000. A judge can sentence you to jail time, fines or a combination of the two.

Can You Defend Against Public Intoxication Charges in Wisconsin?

If you’re arrested for something related to public intoxication in Wisconsin, you may be able to say that you weren’t drunk at the time of the arrest, you weren’t in public (or the police ordered you out of a private place), or that the police violated your constitutional rights. For most people, the best course of action is to talk to a criminal defense attorney.

Call us at 414-383-6700 to talk about your case. We’ll answer your questions and start putting together a defense that gets you the best possible outcome.

Carlos Gamino

By Carlos Gamino|2020-03-20T07:38:07-05:00April 1st, 2020|Criminal Law|Comments Off

What is a Probation Review Hearing in Wisconsin?

By Carlos Gamino

If you’re on probation, you need to know that eventually, you may face a probation review hearing. In Wisconsin, these hearings are designed to ensure that a person who’s on probation deserves to stay out of jail. The most common reason for a probation review hearing in Wisconsin is simple probation violation. If you break one (or more) of the rules you’re supposed to follow while you’re on probation, the review hearing is where you’ll learn what happens next in your case.

What is a Probation Review Hearing in Wisconsin?

A probation review hearing is a formal process in which the court will hear testimony on what happened with your probation. If you were charged with a new crime, failed to go to treatment you were ordered to go to, or otherwise violated your probation, you can expect consequences. Those consequences can range from a slap on the wrist – more of a warning, really – to a reinstatement of your suspended sentence. That means if you were charged with a crime for which the punishment is up to a year in jail, but the judge put you on probation instead of sending you to jail, the court can say, “Well, you gave it a shot – but you violated your probation, so now you’re going to jail.”

What to Expect From a Probation Review Hearing

During your probation review hearing, the judge assigned to your case will listen to your side of the story and the state’s side of the story. At that time, he or she will decide whether to revoke your probation.

You need to know that the judge will rely heavily on your probation officer’s report. You may want to work with an attorney so you have someone in your corner during the hearing.

What Happens if You Violate Your Probation?

If you violate your probation, you could end up going to jail. The court will want to hear what caused you to violate your probation – and your circumstances will have a lot to do with the way it all works out. For example, if you missed an appointment with your probation officer because you were in a car accident on the way there (and if you can prove it), the judge will likely understand. However, if you failed to go to drug or alcohol counseling because you were high or drunk and forgot about it, the judge isn’t likely to feel very sorry for you. You should consult with your attorney about your circumstances before your probation review hearing.

Do You Need to Talk to an Attorney Before a Probation Review Hearing?

If you need to talk to a lawyer about your case before you attend a probation review hearing, we may be able to help you. Call us at 414-383-6700 for a free consultation now.

Attorney Carlos Gamino

By Carlos Gamino|2020-03-20T10:02:38-05:00March 31st, 2020|Criminal Law|Comments Off

What to Do if a Capias is Issued for You

What if You Have a Capias Issued - Carlos Gamino

By Carlos Gamino

If you have a capias issued against you, it’s a serious matter – and you may need to talk to an attorney as soon as possible. A capias is essentially the same thing as a warrant; it’s a court order that allows police to arrest you so that you’ll show up for a scheduled court appearance.

What to Do if a Capias is Issued in Your Case

When a judge issues a capias, which commonly happens when you’ve failed to show up for a court date, it’s serious. That’s because police will come arrest you and put you in jail so that the court knows where you are when your court date rolls around – and you won’t miss court, because the police will take you there.

A judge can issue a capias warrant after any type of charge (even a speeding ticket) if you fail to show up in court. It’s commonly called a “bench warrant,” both in Wisconsin and in other states. A judge can issue one of these warrants at any point during a case. That means even if you’ve made it to every other court appearance, if you miss one, the court can issue this type of warrant.

Any officer who finds you is required to arrest you and take you to jail. You’ll be held in jail until you can meet with the judge.

Should You Turn Yourself in Over a Capias Warrant?

Many people will tell you that you should turn yourself in if a capias has been issued against you. That’s because if police find you on their own, it doesn’t matter where you are or what you’re doing; they’ll haul you into jail. It’s not unheard of for police to arrest someone from a child’s birthday party, a romantic dinner with someone special, or from work or school.

Do You Need to Talk to a Lawyer About a Capias Issued for You?

You may want to talk to an attorney before you do anything related to a capias a judge has issued for you. Call us at 414-383-6700 now, or contact us online, to find out what the best course of action is for your case. We may be able to help.

Carlos Gamino

By Carlos Gamino|2020-02-16T12:46:35-06:00March 25th, 2020|Criminal Law|Comments Off

New Public Charge Rule

By Attorney Carlos Gamino

The Department of Homeland Security’s new Public Charge Rule may have an impact on your green card eligibility or your citizenship application. It’s most likely going to decrease the number of people who are eligible for green cards – so here’s what you need to know.

2020 Changes to the Public Charge Rule

The Public Charge Rule is officially being implemented after several lengthy court battles. (The U.S. Supreme Court stayed the final injunction on it in March 2020.)

A “public charge” is a person who receives certain types of public benefits. If USCIS feels that a person is likely to become a public charge, which means that person would (or did) use certain benefits for more than 12 months out of any 36-month period, it can reject a green card application or a citizenship application.

Under the previous rule, USCIS would look at an applicant’s Affidavit of Support and make a determination – but now, it can use other factors to weigh its decision. These are the factors an individual USCIS officer can look at to make an independent decision (and all officers may have different criteria):

Age
Health
Family status
Education and skills
Assets, resources and financial status
Expected period of admission

What Public Benefits Count Against the Public Charge Rule?

The benefits that count against the rule include:

Supplemental Security Income (SSI)
Temporary Assistance for Needy Families (TANF)
Any federal, state, local or tribal cash benefit programs for income maintenance
Supplemental Nutrition Assistance Program (SNAP)
Section 8 Housing Assistance under the Housing Choice Voucher Program
Section 8 Project-Based Rental Assistance (including Moderate Rehabilitation)
Public Housing
Federally funded Medicaid (with some exclusions)

Benefits that won’t count include Medicaid benefits received for emergency treatment or in connection with the Individuals with Disabilities in Education Act.

Will the 2020 Changes to the Public Charge Rule Affect You?

If you think the changes to the Public Charge Rule will affect your case, you may want to talk to a Milwaukee immigration attorney. Call us at 414-383-6700 now to schedule a consultation about your case.

Carlos Gamino

By Carlos Gamino|2020-03-20T09:06:18-05:00March 25th, 2020|Immigration Law|Comments Off

Road Rage Charges: A Type of Disorderly Conduct in Wisconsin

Disorderly Conduct and Road Rage Charges in Wisconsin - Carlos Gamino

By Carlos Gamino

A road rage incident can lead to disorderly conduct charges in Wisconsin – and it happens every day on our roadways, from Milwaukee and Waukesha to Madison, Green Bay and La Crosse. Typically, road rage is defined as a type of extreme, aggressive anger between drivers that leads to an incident.

So what happens if you get road rage charges? Here’s what you need to know.

Road Rage Charges: A Type of Disorderly Conduct in Wisconsin

Disorderly conduct is a crime in Wisconsin, and many people call it a “catch-all.” That’s because virtually anything a person does that disturbs the peace can count as disorderly conduct.

The law defines it this way: “Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor.”

That means you don’t even have to get into a fight, cause any damage or harm, or get into a car accident to be charged with disorderly conduct as it relates to a road rage incident. Essentially, you can get road rage charges in Wisconsin for things like:

Yelling
Verbally insulting someone
Making rude or insulting gestures
Threatening violence
Trying to intimidate another driver
Having a physical confrontation with another driver
Performing aggressive driving maneuvers (like tailgating, swerving in and out of traffic, and blocking other drivers)

Keep in mind that if you get into a physical confrontation with another driver, you can be charged with a battery offense on top of disorderly conduct. Each comes with its own penalties

Do You Need to Talk to a Lawyer About Road Rage Charges?

Road rage charges can be serious, so it may be a good idea for you to call an attorney. We’re available at 414-383-6700 – just call now for your free consultation.

Carlos Gamino

By Carlos Gamino|2020-02-16T13:05:41-06:00March 22nd, 2020|Criminal Law, Traffic Offenses|Comments Off

What if You Violate a Restraining Order?

By Carlos Gamino

What happens if you violate a restraining order in Wisconsin? It’s a serious crime – and you could end up going to jail and facing other consequences. Here’s what you need to know.

What if You Violate a Restraining Order in Wisconsin?

When the court issues a restraining order against you, it can be one of three types:

A 72-hour no-contact order
A temporary restraining order
An injunction

Here’s a closer look at each.

The 72-Hour No-Contact Order

Usually, courts issue 72-hour no-contact orders after domestic violence incidents. It’s typically automatic – nobody has to request one in order for the court to order it.

A Temporary Restraining Order

A judicial officer can issue a temporary restraining order that gives an alleged crime victim some time to gather evidence to present to court. The terms of this type of restraining order dictate what you can – and can’t – do during the three days for which it’s valid.

An Injunction

Courts issue injunctions, which are more permanent restraining orders, when a judge finds that the person requesting protection through a restraining order has a valid need for protection.

What Are the Penalties if You Violate a Restraining Order?

If you violate a restraining order, the court can sentence you to up to 9 months in jail. The judge in your case can also order you to pay up to $1,000 in fines. Typically, the penalty the judge issues depends on how you violated the order. For example, if the order says you can’t come within 1,000 feet of a person but you’re arrested on his or her front porch, it looks like you blatantly ignored the court’s order – and the judge may hand down a harsher punishment than he or she would if you were arrested 999 feet away from that person’s front porch in someone else’s house.

Do You Need Advice After Violating a Restraining Order?

If you need an attorney’s advice after being accused of violating a restraining order, call us at 414-383-6700 or contact us online. We may be able to help you, so call us today.

Carlos Gamino

By Carlos Gamino|2020-02-16T12:38:01-06:00March 22nd, 2020|Criminal Law|Comments Off