What is the WI Sex Offender Registry?

Wisconsin Sex Offender Registry - Carlos GaminoBy Carlos Gamino

If you’ve ever been convicted of a sex crime in Milwaukee or Waukesha, chances are good that you were ordered to put your name in the Wisconsin sex offender registry. (If you haven’t been convicted but you have been accused of a sex crime, you need to know that one of the possible outcomes of your case could be that you must register, as well.)

What is the Wisconsin Sex Offender Registry?

The Wisconsin sex offender registry is a database that contains the names of every person who has been convicted of certain types of sex crimes across the state. While not everyone is required to register as a sex offender, and some sex offenders are only required to register for a certain period of time, the sex offender registry is designed to show people where sex offenders live and provide certain identifying information to the public.

What Information is on the Sex Offender Registry?

The sex offender registry includes known information that can include the offender’s:

  • Name, gender, race and ethnicity, and age
  • Aliases
  • Height
  • Weight
  • Residence address
  • Work address
  • Incarceration or supervision status (whether he or she is in prison, jail or parole)
  • Type of offense
  • Case number
  • Conviction date

The registry also includes a map, in many cases, that shows the location of the offender’s residence, as well as when his or her registration requirement ends and whether he or she is keeping a current address on file.

Do You Need to Talk to a Milwaukee Sex Crime Defense Lawyer?

If you’ve been accused of a sex crime, you might need to talk to a Milwaukee sex crime defense attorney as soon as possible.

Call us at 414-383-6700 or 262-650-6700 for a free sex crime case evaluation right away. The sooner you call us, the sooner we can begin developing the defense that gets you the best possible outcome.

Carlos Gamino

 

How to Find a Criminal Defense Attorney in Milwaukee

How to Find a Criminal Defense Attorney in Milwaukee - Carlos GaminoBy Carlos Gamino

If you’ve been arrested or charged with a crime, it may be in your best interest to work with a criminal defense attorney in Milwaukee who can explain your rights, negotiate with the prosecutor in your case, and defend you in court.

Why You May Need a Criminal Defense Attorney in Milwaukee

Even if you’ve been charged with what seems to be a minor crime, such as a misdemeanor, you may want to work with an attorney. When you’re facing criminal charges – any charges – you’re at risk of penalties like jail time for something that goes on your permanent record.

What Your Criminal Defense Lawyer Will Do for You

Your attorney will be able to explain everything about your case, from the types of penalties you’re facing to possible outcomes. He or she will answer your questions and help you determine the best course of action, too.

When it’s time to go to court, your lawyer might be able to talk to the prosecutor and negotiate a lesser charge (although this isn’t always possible, so you can’t count on it). Your attorney will definitely defend you in court, though, and make sure the judge (and the jury, if there is one) hears your side of the story so you get the best possible outcome. Sometimes, it’s possible for a lawyer to show the court that a defendant is completely innocent or that there just isn’t enough evidence to prove him or her guilty.

What Crimes do Defense Attorneys Handle?

Criminal defense lawyers are typically able to defend clients on several types of crimes, including:

Even if you don’t see the crime you’re accused of on the list, it’s a good idea to get in touch with a criminal defense lawyer – chances are pretty good that he or she will be able to help you.

Do You Need to Find a Criminal Defense Attorney in Milwaukee?

If you’re searching for the best criminal defense attorney for your needs, we would love the opportunity to answer your questions and help you make the right decision.

Call us right now at 414-383-6700 or 262-650-6700 for a free case review. You’ll talk to an experienced lawyer who can give you the advice you need to start moving forward with your life.

Carlos Gamino

What is Sexual Assault in the Second Degree?

Sexual Assault, Second Degree - Carlos GaminoBy Carlos Gamino

Sexual assault is a serious crime in the state of Wisconsin. The law classifies it by severity using “degrees,” with first-degree being the most serious and fourth-degree being less serious.

First-, second-, and third-degree sexual assault are all considered felonies, while fourth-degree sexual assault is a Class A misdemeanor.

What is Sexual Assault, Second-Degree?

Sexual assault in the second degree is the act of having sexual contact or sexual intercourse with another person without consent and by the use or threat of force or violence. It can also refer to:

  • Sexual contact or sexual intercourse without consent that causes injury, illness, disease or impairment of a sexual or reproductive organ, or mental anguish that requires psychiatric care for the victim
  • Sexual contact or sexual intercourse with a person who suffers from a mental illness or deficiency which renders that person temporarily or permanently incapable of appraising the person’s conduct when you know that person has such a condition
  • Sexual contact or sexual intercourse with a person who is under the influence of an intoxicant, and that person is so intoxicated that he or she can’t give consent, if you know the person is incapable of giving consent and you intend to have sexual contact or sexual intercourse with the person while the person is incapable of giving consent
  • Sexual contact or sexual intercourse with a person you know is unconscious
  • Sexual contact or sexual intercourse without the victim’s consent when you’re aided or abetted by one or more other people

Penalty for Sexual Assault, Second-Degree

Because second-degree sexual assault is a Class C felony, you could go to prison for up to 25 years and be sentenced to an additional 15 years of extended supervision. You could also be fined up to $100,000, and you will have to register as a sex offender.

What to Do if You’re Accused of Sexual Assault in the Second Degree

If you’re accused of second-degree sexual assault, your best bet may be to talk to a sex crime defense attorney in Milwaukee who can help.

Call us at 414-383-6700 or 262-650-6700 for a free case review. We’ll ask you about your case and start building a defense strategy that gets you the best possible outcome right away.

Carlos Gamino

 

Charged With DUI During the Holidays

Charged With DUI During the Holidays - Carlos Gamino

By Carlos Gamino

If you’re one of the many people charged with a DUI during the holidays, you may need to talk to a Milwaukee DUI/OWI defense attorney right away.

Charged With DUI During the Holidays: What You Need to Know

Milwaukee police can charge you with operating under the influence of intoxicants or a controlled substance, or having a prohibited alcohol concentration if you drove or operated a motor vehicle on a public highway when you were under the influence.

The legal limit for blood-alcohol concentration is 0.08 or higher if you have two or fewer prior DUIs. However, the limit is much more strict if you have three or more prior drunk driving offenses or if you’re required to have an ignition interlock device on your car – it’s 0.02.

What Happens if You’re Convicted of DUI During the Holidays?

The holidays aren’t much different from the rest of the year in the court system, but the court does go on recess over Thanksgiving and Christmas – and that can result in you waiting longer for a court date. Additionally, there are more DUI and OWI arrests during the holidays, and the courts may be busier than usual.

Your best bet may be to get in touch with a DUI/OWI attorney in Milwaukee who’s familiar with these types of cases. Your lawyer will ask you questions about the incident, find out what type of evidence the prosecution has against you (such as Breathalyzer test results or blood samples), and begin developing a strategy to get you the best possible outcome.

If you’re convicted of drunk driving, you’ll lose your driver’s license. (The amount of time you lose it for depends on how many prior convictions you have.) You could also be sent to jail, depending on your prior offenses and your record, and you could end up paying hefty fines. The fines increase for subsequent convictions; that means if you have more DUI convictions in your past, you could end up paying higher fines than someone who is convicted of his or her first DUI.

What to Do if You’re Arrested for DUI

Call our team of experienced and knowledgeable DUI attorneys at 414-383-6700 or 262-650-6700. You can also contact us online to set up a free DUI/OWI case review. One of our attorneys will talk to you about your situation and give you case-specific legal advice you can use – and we’ll be prepared to defend your rights and represent you in court so the judge hears your side of the story.

Carlos Gamino

What is Statutory Rape in Wisconsin?

Wisconsin Law on Statutory Rape - Carlos GaminoBy Carlos Gamino

If you’re like most people, you’ve heard the term statutory rape before – but what does it mean, and what happens if you’re accused of it?

First things first: You’re probably going to want to talk to a Milwaukee statutory rape defense attorney who can give you case-specific legal advice, because this is a very serious charge that will stay on your record forever.

What is Statutory Rape in Wisconsin?

Wisconsin law defines statutory rape as the sexual assault of a child. A child under this statute is a person under the age of 18 (although other charges may apply, as well).

You can be convicted of statutory rape or sexual assault of a child if you’ve had sexual contact (up to and including intercourse) with someone who isn’t old enough to legally give his or her consent. Statutory rape is a felony in the state of Wisconsin, and if you’re convicted, you’re required to register as a sex offender.

Class B Felony Statutory Rape

Statutory rape is a Class B felony if:

  • The victim is a person under the age of 12 and you allegedly had sexual intercourse with him or her
  • The victim is a person under the age of 13 and you allegedly had sexual contact with him or her
  • The person is under the age of 16 and you allegedly used force or violence, or the threat of force or violence
  • The person is under the age of 16 and you allegedly used force or violence, or the threat of force or violence, to initiate sexual contact and you were at least 18 years old when it occurred

Class A Felony Statutory Rape

Statutory rape is a Class A felony if you have sexual contact or sexual intercourse with a person who is under the age of 13 and you allegedly caused great bodily harm to the person.

Do You Need to Talk to a Lawyer About Statutory Rape Accusations?

If you’ve been accused of statutory rape, it may be in your best interest to talk to a criminal defense attorney in Milwaukee as soon as possible.

Call us at 414-383-6700 or 262-650-6700 right away for a free case review. We’ll evaluate your situation and give you the legal advice you need to begin moving forward.

Carlos Gamino

 

Credit Card Fraud: Misdemeanor or Felony?

Is Credit Card Fraud a Misdemeanor or Felony in Wisconsin - Carlos GaminoBy Carlos Gamino

Credit card fraud is a serious crime in Wisconsin, and it comes with serious penalties – and if you’re convicted, you could end up spending time in prison.

What is Credit Card Fraud?

Credit card fraud is the act of participating in a financial transaction with a credit card that isn’t yours and that you don’t have the authority to use. It could involve the theft of a credit card, or the use or possession of a lost credit card. You could also be charged with credit card fraud if you’re found in possession of a forged, altered, or counterfeit card, or if you use one fraudulently.

Is Credit Card Fraud a Misdemeanor or Felony?

Credit card fraud can be a misdemeanor or a felony, depending on the total amount of the transactions you conduct with the card.

Misdemeanor Credit Card Fraud

If the value of the property you obtain is less than $2,500, it’s a Class A misdemeanor.

Felony Credit Card Fraud

If the value of the property is between $2,500 but less than $5,000. it’s a Class I felony.

If the value of the property is between $5,000 and $10,000, it’s a Class H felony.

Finally, if the value of the property is over $10,000, it’s a Class G felony.

Have You Been Accused of Credit Card Fraud?

If you’ve been accused of credit card fraud for any amount of money, it may be in your best interest to talk to a criminal defense lawyer in Milwaukee as soon as possible. Call our Milwaukee credit card fraud defense attorneys at 414-383-6700 or 262-650-6700 today for a free consultation. We may be able to help you.

Carlos Gamino

Sexual Assault in the First Degree: What You Need to Know

What You Need to Know About Sexual Assault in the First Degree - Carlos GaminoBy Carlos Gamino

Sexual assault in the first degree is a serious crime in Wisconsin, and the penalties are very harsh. In addition to jail time and hefty fines, a first-degree sexual assault conviction stays on your criminal record for the rest of your life.

Degrees of Sexual Assault

Wisconsin law puts sexual assault into four categories, based on severity of the offense. The higher the degree, the more severe the penalties.

First-Degree Sexual Assault Crimes

First-degree sexual assault is a Class B felony.

The law says that in order to be convicted of first-degree sexual assault, the perpetrator:

(a) Has sexual contact or sexual intercourse with another person without consent of that person and causes pregnancy or great bodily harm to that person.

(b) Has sexual contact or sexual intercourse with another person without consent of that person by use or threat of use of a dangerous weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a dangerous weapon.

(c) Is aided or abetted by one or more other persons and has sexual contact or sexual intercourse with another person without consent of that person by use or threat of force or violence.

The penalty for a Class B felony includes a maximum term of imprisonment of up to 60 years. Forty of those years are initial confinement; the remaining 20 are for extended supervision. If you’re convicted of first-degree sexual assault, you’ll have to register as a sex offender.

Do You Need to Talk to a Lawyer About First-Degree Sexual Assault Charges?

If you’ve been accused of first-degree sexual assault in Milwaukee or Waukesha, call Gamino Law Offices immediately at 414-383-6700 or 262-650-6700 for a free case review. We’ll listen to your side of the story and begin developing a defense that gets you the best possible outcome.

Carlos Gamino

 

 

Sexual Assault in the Second Degree in Wisconsin

What is Sexual Assault in the Second Degree - Carlos Gamino

By Carlos Gamino

Sexual assault in the second degree is a serious crime that carries extremely harsh penalties, and if you’ve been accused of it, it probably makes sense to get in touch with a lawyer right away.

What is Sexual Assault in the Second Degree?

Second-degree sexual assault, according to Wisconsin law, is a Class C felony.

In order for a conviction to take place, the alleged perpetrator is guilty of this crime if he or she must have sexual contact or intercourse:

(a) without consent by use or threat of force or violence

(b) without consent and causes injury, illness, disease or impairment of a sexual or reproductive organ, or mental anguish requiring psychiatric care for the victim

(c)  with someone who’s mentally ill or deficient, who is also incapable of “appraising” the perpetrator’s conduct, and the defendant knows the condition exists

(cm) with someone under the influence of an intoxicant (so much so that the person is incapable of giving consent) and the alleged perpetrator knows it, with the purpose of doing so while the person is incapable of giving consent.

(d) with a person who the defendant knows is unconscious

You can also be convicted of this crime if you are aided by someone else or you’re an employee of a residential treatment facility, or if you’re a correctional staff member and you have sex with an inmate, or if you’re working for the Department of Corrections and you have sexual contact with someone who is on probation, parole, or extended supervision, as well.

If you’re convicted of this Class C felony, you could spend up to 25 years in prison, up to 15 years under extended supervision, and be fined up to $100,000. You’ll also have to register as a sex offender.

Do You Need to Talk to a Lawyer About Second-Degree Sexual Assault Charges?

If you’ve been accused of sexual assault – any degree, not just second-degree – we may be able to help you. Call us at 414-383-6700 or 262-650-6700 for a free case review today.

Carlos Gamino

 

DUI Causing Injury or Death: What Next?

: DUI Causing Injury or Death - Carlos Gamino
drinking and driving ** Note: Shallow depth of field

By Carlos Gamino

Driving under the influence of alcohol or drugs is serious—so serious that in the state of Wisconsin, you could face time in prison if the court convicts you.

But the penalties become even tougher when someone is injured or killed.

The prosecution must prove that your driving caused the victim’s death and that you were actually under the influence. For most people, it makes sense to work with a Milwaukee DUI attorney with experience in these types of cases.

DUI Causing Injury or Death: The Definition

Under Wisconsin law, in order for a jury to convict you of DUI causing injury or death, you must have either caused great bodily harm to another person (or an unborn child) by operating a vehicle while you were under the influence of an intoxicant or a controlled substance, or you had a blood alcohol concentration higher than 0.04 percent.

The law also says that the jury can convict you of homicide by intoxicated use of a vehicle if you operated a vehicle and your operation of that vehicle caused the victim’s death, provided that you were under the influence of a controlled substance or alcohol at the time of the incident.

What Happens Next?

If you were driving under the influence of alcohol or intoxicants and the prosecutor proves that to the court, the penalties will depend on whether you injured or killed the victim.

A DUI causing injury is a Class F felony, which means you can spend up to 7 years, 6 months in prison and an additional 5 years under supervision.

A DUI causing death is a Class D or Class C felony; it depends on whether you have prior DUI offenses. A Class D felony carries a penalty of up to 25 years in prison, while a Class C felony can put you behind bars for up to 40 years.

Do You Need to Talk to a Wisconsin DUI Lawyer About an Accident?

If you’re facing either of these charges, we may be able to help you. Call our Milwaukee DUI defense attorneys at 414-383-6700 or 262-650-6700, or get in touch with us online for a free case review right away.

Carlos Gamino

What Happens if You’re Caught With Cocaine in Milwaukee?

What Happens if You’re Caught With Cocaine in Milwaukee – Carlos Gamino
Cocaine drug addiction. Lines of cocaine and one dollars banknote on black background closeup

By Carlos Gamino

Cocaine is a Schedule II narcotic in the state of Wisconsin, and it’s illegal to use, manufacture, or sell here—and the penalties of a conviction can be extremely harsh. It falls into the same category as some opiates (such as opium itself and synthetic opiates, such as tramadol), morphine, amphetamines, and methamphetamine.

If you’re caught with cocaine in Milwaukee, Waukesha, or anywhere else in Wisconsin, the judge is required to suspend your driver’s license for at least 6 months. In some cases, the judge can suspend your license for up to 5 years. If you have an occupational driver’s license, the judge will evaluate your eligibility to keep it based on the number of controlled substance offenses you’ve committed in the past.

What Happens if You’re Caught With Cocaine in Milwaukee?

When the police catch you with cocaine in Milwaukee or one of the surrounding communities, they’ll most likely arrest you and book you into jail. At this point, it may be a good idea for you to get in touch with a Milwaukee drug crime defense lawyer, who can visit you in the jail and get your side of the story. The sooner you call an attorney, the more time he or she will have to prepare your defense; additionally, your attorney may be able to show the judge that you deserve to be freed from jail and that you’ll return to court when it’s time to go to trial.

What Are the Penalties for Being Caught With Coke?

The penalties of a conviction—aside from the automatic driver’s license suspension—can vary based on what you were doing with cocaine (whether you intended to use it yourself or sell it) and how much you had in your possession when police arrested you. Your sentence can also vary based on whether you have prior drug convictions.

For most people, it makes sense to get in touch with a drug crime attorney in Milwaukee who can provide case-specific legal advice and work hard to get the best possible outcome.

Do You Need to Talk to a Lawyer About Cocaine Charges in Milwaukee or Waukesha?

If you’ve been caught with any controlled substance or narcotic, call us right away at 414-383-6700 or 262-650-6700. If it’s easier, get in touch with us online for a free case review. We may be able to help you.

Carlos Gamino