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Examples of Cybercrimes

By Carlos Gamino

The phrase cybercrime really covers a lot. It can refer to any number of crimes that a person uses a computer or connected device to commit, as well as a crime that targets a computer, network or connected device. But what are some examples of cybercrimes? This guide lists three.

Examples of Cybercrimes

Some of the most common cybercrimes include password trafficking, cyberbullying and cyberextortion. Here’s a closer look at each.

Password Trafficking

Password trafficking is a crime in which a person uses a computer or computerized device to steal another person’s passwords, and it’s a form of cybercrime. Here’s an example:

A person creates a program that sends emails that look a lot like emails that come from a well-known financial institution. The emails ask users to visit a site and enter their online login information. Though the users don’t know it, they’re actually entering their online login information to a sham site – one that’s not related to their bank at all. The person who created the program then collects this information. Even if the person does not use the information they collect, they can be charged with (and convicted of) a cybercrime.

Related: Is computer hacking a crime?

Cyberbullying

Cyberbullying is bullying that occurs online rather than in-person or through other mediums. Acts of cyberbullying in Wisconsin can be charged as harassment. Here’s an example:

Two people disagree on some fundamental issues, and both are in the same Facebook group. One person decides to spread rumors about the other in the Facebook group, and several people pile on and say mean, rude and hurtful things to the victim. They write harassing comments and send her messages about the disagreement, as well as share private or embarrassing photos online. The original person who spread the rumors and everyone who “piled on” can be found guilty of cyberbullying, depending on their roles (including what they each said) in the online activity.

Related: What is the penalty for computer hacking?

Cyberextortion

Cyberextortion is the act of shaking down one or more people. That means demanding payment to prevent some type of malicious activity. Here’s an example:

You receive an email that says someone has accessed your browser history. The person who claims to have done so says that if you pay them a certain amount of money, they won’t release what they’ve discovered to everyone in your address book. This can occur whether or not the person actually has access to your browser history or your personal information; in many cases, the person has no information and is simply trying to trick a victim.

Have You Been Accused of a Cybercrime?

If you’ve been accused of committing a cybercrime, you need to know that the penalties of a conviction can be very harsh – and it may be in your best interest to get in touch with a cybercrime defense attorney right away. Call our office at 414-383-6700 to schedule your free consultation now; we may be able to help you.

Attorney Carlos Gamino

By |2021-11-23T12:19:47-06:00December 14th, 2021|Criminal Law|Comments Off on Examples of Cybercrimes

Types of Cybercrimes in Wisconsin

By Carlos Gamino

If you’re like many people, you’ve heard that computer crimes – often called cybercrimes – come with serious penalties. But what, exactly, are cybercrimes, and what are the punishments associated with them? This guide explains.

Types of Cybercrimes in Wisconsin

There are several types of cybercrimes. Generally, if you use a computer, phone, tablet or other connected device to commit a crime, it can be considered a cybercrime in Wisconsin. Additionally, if the target of a crime is a computer or another connected device, your crime may be considered a cybercrime. These are some of the most commonly charged cybercrimes in our state:

  • Email and internet fraud
  • Identity fraud
  • Theft of financial data, such as credit card and account numbers
  • Theft and sale of corporate data
  • Cyberextortion (extorting money to prevent a cyberattack)
  • Cryptojacking (mining cryptocurrency using resources you don’t own)
  • Cyberespionage (spying)

Each of these crimes is punishable under Wisconsin law – and the penalties may be harsher than you think.

Related: What’s the punishment for computer hacking?

Penalties for Various Types of Cybercrimes in Wisconsin

A wide range of penalties are available to judges who try cybercrime cases in Wisconsin. Some cybercrimes are Class A misdemeanors, which can result in up to 9 months in jail and fines of up to $10,000. However, some crimes are felonies – in fact, if:

  • A cybercrime is committed to defraud or to obtain property, it’s generally a Class I felony
  • The cybercrime results in damage valued at more than $2,500, it’s a Class F felony
  • The crime interrupts or impairs government operations, public communication, transportation, or a supply of water, gas or another public service, it’s a Class F felony
  • The cybercrime creates a substantial and unreasonable risk of death or great bodily harm to one or more people, it’s a Class F felony

Related: Computer hacking penalties and more

What if You’re Charged With a Type of Cybercrime?

If you’re charged with any of these types of cybercrime in Wisconsin, your best bet may be talking to an attorney about your situation. Your lawyer can give you the case-specific legal advice you need to get the best possible outcome on your case. Call our office at 414-383-6700 now to schedule your free cybercrime consultation.

Attorney Carlos Gamino

By |2021-11-23T12:10:27-06:00December 12th, 2021|Criminal Law|Comments Off on Types of Cybercrimes in Wisconsin

What is the Penalty for Trespassing in Wisconsin?

By Carlos Gamino

Trespassing is a crime in Wisconsin – and though it’s not considered a serious crime, it’s one that could put you behind bars. This guide explains the penalty for trespassing and what can happen to you if a court finds you guilty of the crime.

What is the Penalty for Trespassing in Wisconsin?

Generally, criminal trespass – that’s what it’s officially called in the state of Wisconsin – is a Class A misdemeanor. This property crime can result in you going to jail for up to 9 months and paying a fine of up to $10,000. That doesn’t mean a judge has to give you a jail sentence or a fine; it simply means that the judge can impose either or both of those penalties.

Trespassing by accident isn’t likely to get you thrown in jail. However, if you had some sort of criminal intent (or if you committed a crime while on the property, such as breach of peace), you can be charged with and convicted of criminal trespass.

Related: What is trespassing?

The Crime of Breaching the Peace

Breach of the peace is a catch-all term that the state uses to encompass any type of rowdy, unwelcome or unpleasant behavior. Virtually anything that causes a disturbance, whether it’s noisy behavior and profane language or an act of violence (or even something that causes another person to fear for their own safety), can be considered a breach of the peace.

Defenses for Criminal Trespassing Charges

Your attorney will carefully evaluate your whole situation – including the events that led up to the alleged criminal trespass offense – to figure out the best defense for you. In many cases, a person trespasses mistakenly, or they thought they were permitted to be on the property. In other cases, people have a non-criminal intent for being on private property. Your attorney will ask you plenty of questions to zero in on the best possible defense for you.

Do You Need to Talk to an Attorney About the Penalty for Trespassing in Wisconsin?

If you’ve been accused of criminal trespass, our team may be able to help you. Call and schedule your free consultation today – we’re available at 414-383-6700, and we’ll be happy to answer your questions and build a solid defense strategy for you.

Attorney Carlos Gamino

By |2021-11-23T12:44:49-06:00December 10th, 2021|Criminal Law|Comments Off on What is the Penalty for Trespassing in Wisconsin?

Is Guardianship Right for Your Elderly Family Member?

By Carlos Gamino.

If you’re like many people, you know that guardianship exists to protect people’s best interests – and it may be necessary in caring for your own elderly family member. But what is guardianship of the elderly, and could it be the right choice in your situation? This guide explains elder guardianship so you can make an informed decision.

What is Elder Guardianship?

Elder guardianship is one way to protect at-risk elders from making harmful decisions. Through guardianship, a court may give you the authority to make decisions, give consent, and advocate for your loved one’s best interests. With guardianship, you may be able to protect your loved one from abuse, neglect and financial exploitation, as well as manage their finances and make decisions about where they should live, what types of medical treatments they should receive and how they should exercise their legal rights.

Related: What is permanent guardianship?

Guardianship may be the right choice if the person is incapable of making sound decisions on their own, whether it’s due to an illness or injury, developmental disabilities or something else. If you need to protect your incapacitated loved one from a serious risk of personal or financial harm, you may want to talk to a Wisconsin elder guardianship attorney about your situation.

Elder guardianship can be temporary or permanent, and the areas of your loved one’s life that you become responsible for will depend on the legal issues in your case. For example, you may be able to take control of your loved one’s finances to protect them from financial abuse, or you may be able to make medical decisions for that person; every case is different, and when you speak to an attorney about your situation, they’ll give you the advice you need.

Related: Who looks out for a child’s best interests?

How Do You Get Guardianship of an Elderly Family Member?

The only way to get legal guardianship of an elderly family member in Wisconsin is to go through the court system. For most people, the best course of action is to work with an attorney. If you’re considering pursuing guardianship of your elderly loved one, call us at 414-383-6700 now – we may be able to help you.

Attorney Carlos Gamino

By |2021-11-23T12:08:04-06:00December 8th, 2021|Elder Law, Guadianship Law, Healthcare Law|Comments Off on Is Guardianship Right for Your Elderly Family Member?

What to Do if You Get an OWI This Holiday Season

By Carlos Gamino.

Getting pulled over for operating a vehicle while intoxicated (commonly called OWI) is scary – you’re on the spot, a police officer is likely shining a light in your face and asking you questions, and you don’t know what’s going to happen next. For many people, the best possible thing to do in this situation is to be quiet and request a phone call to an attorney. Here’s what you need to know.

What to Do if You Get an OWI This Holiday Season

First things first: An OWI usually starts with a person being pulled over and asked to take a Breathalyzer (or similar) test, or to complete field sobriety tests (such as walking in a straight line or following an officer’s pen light with your eyes).

Related: OWI vs. DUI in Wisconsin

If the police officer who pulled you over believes that you were driving under the influence, they’ll arrest you on the spot. You’ll go to jail, where you may be subjected to chemical testing to determine how much alcohol is in your bloodstream. Whether you remain in jail or bail yourself out, you’ll likely get an appearance before the judge. At your first appearance, you’ll be formally charged with the crime of OWI.

You can – and should – bring an attorney with you to your first court appearance. Your attorney can begin developing the best possible defense strategy for you right away, as well as help you decide whether you’ll plead guilty, not guilty or no contest to the charges. At your first hearing, your lawyer will be there to look out for you, protect your rights and enter your plea. Then, your attorney will continue developing a defense strategy until your next court appearance. Your lawyer will use a strategy that gets you the best possible outcome – that’s an attorney’s job.

Related: OWI first offense in Wisconsin

Do You Need to Talk to an Attorney About a Holiday OWI?

Whether you were charged with OWI during the holidays or any other time, we may be able to help you. Call 414-383-6700 to get answers to all your questions during a free case review. Our team can give you the guidance you need and help ensure that you get the best possible outcome in your case.

Attorney Carlos Gamino

By |2021-11-23T11:28:13-06:00December 4th, 2021|Criminal Law, Traffic Offenses|Comments Off on What to Do if You Get an OWI This Holiday Season

Can You Get Into Trouble for Calling in a Bomb Threat in Milwaukee?

By Carlos Gamino

If you attended high school in the United States, there’s a good chance that someone called in a bomb threat while you were there – it’s something that happens all over the country. But what you may not know is that calling in a bomb threat is a serious crime in Wisconsin, whether it’s committed by a juvenile or an adult. This guide explains.

What Happens if You Call in a Bomb Threat in Wisconsin?

Calling in a bomb threat is a felony offense. In fact, Wisconsin law calls it a bomb scare and says “Whoever intentionally conveys or causes to be conveyed any threat or false information, knowing such to be false, concerning an attempt or alleged attempt being made or to be made to destroy any property by the means of explosives is guilty of a Class I felony.”

The key there is the phrase knowing such to be false. If you reasonably suspect that there’s a bomb somewhere, call the police! This law is designed to prevent people from pulling pranks and causing panic.

Related: What’s the difference between probation and parole?

What if You’re Found Guilty of a Bomb Scare?

Because a bomb scare is a Class I felony, it comes with serious criminal penalties. The judge in your case can sentence you to up to 1 year, 6 months in prison with 2 years of extended supervision. The judge can also order you to pay fines of up to $10,000.

Related: 3 reasons you should have a lawyer present during questioning

What to Do if You’re Accused of Calling in a Bomb Threat

If you’re accused of calling in a bomb threat, the best course of action may be to call a Wisconsin criminal defense attorney. Your attorney will ask you what happened, find out what type of evidence the police and prosecution may have against you, and figure out what to do in order to get you the best possible outcome.

Call us at 414-383-6700 to schedule your free consultation. Our team will get the information we need to help protect your rights.

Attorney Carlos Gamino

By |2021-09-19T14:35:32-05:00November 29th, 2021|Criminal Law|Comments Off on Can You Get Into Trouble for Calling in a Bomb Threat in Milwaukee?

When Can You Be Charged With Attempting a Crime?

By Carlos Gamino. Click here for the audio version.

Wisconsin police can arrest you and take you to jail for only attempting to commit a crime – even if you don’t succeed at committing it. Here’s what you need to know about attempted crime and the penalties associated with various attempted offenses.

When Can You Be Charged With Attempting a Crime?

Attempting a crime means a person tried to commit a crime but didn’t necessarily succeed in pulling it off. For example, if a person walks into a bank, waves a gun and tells the teller to give them all the cash, but the teller doesn’t do so, the person didn’t actually rob the bank; however, they did attempt the robbery.

Related: Do the police have to read you your rights?

That person can be charged with and convicted of attempted robbery. Under Wisconsin law, there a specific penalties for attempted crimes. In many cases, you can be sent to prison for up to half the time that you would be sentenced to if you had completed the crime. For example, if you had committed the crime and the judge could have sentenced you to 20 years in prison, an attempted offense could get you 10 years behind bars. However, there are plenty of exceptions to that, such as when you’re subject to penalty enhancers that increase the sentence. You can also be sentenced to extended supervision and fines, just as you would if you had successfully completed the crime.

In other cases, you can be charged with and convicted of the complete crime – even if you don’t succeed. Every case (and every criminal offense) is different.

Related: Why you should have an attorney present during questioning

What to Do if You’re Accused of Attempting a Crime

If the state of Wisconsin has charged you with an attempted crime, you may want to talk to a Wisconsin criminal defense lawyer. Our team may be able to help you – just call us at 414-383-6700 to schedule your free consultation now. We’ll ask you some questions about the situation and evaluate your case, and then we’ll give you the legal advice you need to move forward.

Attorney Carlos Gamino

By |2021-11-23T11:29:30-06:00November 22nd, 2021|Criminal Law|Comments Off on When Can You Be Charged With Attempting a Crime?

What Happens if You Get a DUI Around the Holidays?

By Carlos Gamino. Click here for audio version.

The holidays are right around the corner, and for many people in Wisconsin, that means DUI charges are coming. But what happens if you get a DUI during the holidays – will you go to court sometime next year, or will you spend Thanksgiving or Christmas locked in a cell? This guide explains.

What Happens if You Get a DUI Around the Holidays?

Getting a DUI during the holidays is the same as it is any other time of year; you’ll be facing harsh criminal penalties and could end up spending time behind bars. That can really throw a wrench in your holiday plans, so here’s what you need to know.

Going to Court During the Holidays

In Wisconsin, the courts are typically open and hearing cases Monday through Friday during normal business hours – and that means if you’re caught driving under the influence on a Friday night, you’ll likely have to wait until Monday morning (or later) to see a judge. You could spend the entire weekend in jail.

Holiday hours vary quite a bit for Wisconsin courts, though (the circuit courts’ schedules are listed here). Many are closed on Veterans Day, which falls on a Thursday, and all of them are closed on Thanksgiving Day; many are also closed the next day (Friday, November 27), as well. Courts are closed on December 24 (a Friday) as well as Thursday, December 31 and Friday, January 1. That means if you’re arrested for drunk driving and kept in jail, you won’t see a judge until the next business day. For example, if you’re arrested for DUI on Wednesday, December 30, you won’t see a judge until after the court opens on Monday, January 3.

What if You’re Caught at a DUI Checkpoint in Wisconsin?

The police in Wisconsin can’t set up DUI checkpoints at specific locations, but they can – and do – put out patrols at times they believe a significant number of drunk drivers will be on the roads. The Milwaukee County Sheriff’s Office has “Operation Drive Sober,” for example, which puts extra officers on the roads from Friday afternoon through Sunday morning to look for signs of impaired driving. Often, police departments all over the state do the same on holidays, sending out extra patrols to find and arrest drunk drivers.

What Should You Do if You’re Arrested for DUI on a Holiday?

The first thing you should do if you’re arrested for DUI on a holiday is get in touch with a Wisconsin drunk driving attorney. Your attorney can help determine whether you have to remain in jail until you see a judge – and then your lawyer can represent you when it’s your turn in court.

Do You Need to Talk to a DUI Lawyer in Wisconsin?

If you or someone you care about has been arrested for DUI in Wisconsin, we may be able to help you. Call us at 414-383-6700 for a free consultation now; we’ll ask you some questions and make a plan of action that gets you the best possible outcome.Attorney Carlos Gamino

By |2021-11-23T11:34:34-06:00November 16th, 2021|Criminal Law, Traffic Offenses|Comments Off on What Happens if You Get a DUI Around the Holidays?

What’s the Penalty for Hiring a Hit Man in Wisconsin?

By Carlos Gamino. Click here for audio version.

In the state of Wisconsin, when you attempt or contribute to a crime, you can be charged with the actual offense – and the courts can convict and sentence you appropriately. But what about hiring a hit man? This guide explains the possible penalties and what you should do if police have accused you of committing this crime.

What’s the Penalty for Hiring a Hit Man in Wisconsin?

Hiring a hit man can lead to specific criminal charges; Wisconsin law calls it conspiracy to commit first-degree intentional homicide. In this context, the law defines a person as committing conspiracy as “whoever, with intent that a crime be committed, agrees or combines with another for the purpose of committing that crime may, if one or more of the parties to the conspiracy does an act to effect its object, be fined or imprisoned or both not to exceed the maximum provided for the completed crime; except that for a conspiracy to commit a crime for which the penalty is life imprisonment, the actor is guilty of a Class B felony.”

In plain English, that means that if you hire a hit man, you’re guilty of committing conspiracy to murder and the state can charge you with (and convict you of) the murder as if you’d done it yourself. You can also be charged and convicted of a crime if you hire a hit man and the murder was never committed (such as when you speak with an undercover police officer rather than a hit man, or when the person you hire does not complete the crime).

In the case of murder, the charge is likely to be first-degree intentional homicide, which carries a penalty of life in prison.

Related: Violent crimes in Wisconsin

What to Do if You’re Accused of Hiring a Hit Man in Wisconsin

If you’ve been accused of hiring a hit man in Wisconsin, you may need to talk to a criminal defense lawyer immediately. Murder is a serious charge, and it’s one that could put you in prison for the rest of your life – and you could benefit from legal guidance. Call our office at 414-383-6700 right now to schedule your free consultation; we may be able to help you.

Attorney Carlos Gamino

By |2021-11-23T11:36:03-06:00November 15th, 2021|Criminal Law|Comments Off on What’s the Penalty for Hiring a Hit Man in Wisconsin?

COVID-19 Vaccine Now Required for Entry

By Carlos Gamino. Click here for audio version.

If you’re applying to immigrate to the United States, you’ll have to prove that you’ve been vaccinated against COVID-19 during your required medical exam – and if you’re not vaccinated, you’ll have to become vaccinated or show a reason that you’re unable to do so. Here’s what you need to know.

Immigration: COVID-19 Vaccine is Mandatory

U.S. Citizenship and Immigration Services requires immigrants to prove several vaccinations. In fact, you must have been vaccinated against hepatitis A, polio and chickenpox, as well as several others when you apply to immigrate to the U.S.

USCIS recently added the COVID-19 vaccine to that list. The agency says “If the applicant has not received any of the listed vaccinations and the vaccinations are age appropriate and medically appropriate, the applicant has a Class A condition and is inadmissible.” That means unless you have a medical exemption or you’re not old enough to receive the COVID-19 vaccine (such as kids under the age of 12, as of the time of this writing), you must have valid proof of a COVID shot or USCIS will deny your petition.

Related: Can you immigrate to the U.S. with a criminal record?

Does the COVID-19 Vaccine Rule Apply to All Immigrants?

All immigrants are required to comply with the vaccine requirement. That includes people who wish to become permanent residents, citizens, workers and those who fall into a number of other categories. If you must take a medical exam for your immigration action, you’re required to be vaccinated or prove that you have a valid exemption.

Are There Waivers Available to Immigrants With Religious Objections to the COVID-19 Vaccine?

There are waivers available to immigrants who have genuine religious or moral objections to the COVID-19 vaccine – but you can’t simply say you object to the COVID-19 vaccine. You must demonstrate that you have an objection to all vaccines. USCIS evaluates waiver petitions on a case-by-case basis, but there’s no guarantee that yours will be accepted.

Related: Can you be deported for committing a crime?

Do You Need to Talk to an Immigration Lawyer About Coming to the U.S. or Adjusting Your Status?

If you’re looking at immigration proceedings, whether you’re coming to the U.S. in the near future or you’re here and ready to adjust your status, we may be able to help – with or without your COVID-19 vaccine. Call us at 414-383-6700 to schedule an immigration consultation now; we’ll answer your questions and determine the best path forward for you.

By Attorney Carlos Gamino

By |2021-11-23T11:37:47-06:00November 9th, 2021|Immigration Law|Comments Off on COVID-19 Vaccine Now Required for Entry