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

 

Could You Have Your Probation Revoked?

What is Probation Revocation - Carlos Gamino
Courtroom, Judge, male judge in black mirror background

By Carlos Gamino

A probation agent could revoke your probation—the process is known as probation revocation—and send you straight to jail.

So what is probation revocation, and how can you fight back if your agent wants to take your freedom?

First things first: You should talk to a probation revocation lawyer in Milwaukee or Waukesha if you think you’re in trouble.

What is Probation Revocation?

The state of Wisconsin allows probation agents to petition the court to revoke your probation and send you back to jail for violating the conditions of your supervision.

If that happens, you have the right to have an attorney defend you. However, the court doesn’t need to hold a preliminary hearing to determine whether you violated a rule or condition of your supervision if:

  • You waive your right to the hearing in writing
  • You have signed a written statement admitting a violation
  • You’re incarcerated for a separate matter
  • There has been a finding of probably cause for the same (or similar) conduct by a court in another state

Probation Revocation: Not Like a Criminal Case

In order to revoke your probation, the standard of proof required at your hearing isn’t the same as it is in an ordinary criminal matter. Your probation agent doesn’t need to prove anything “beyond a reasonable doubt,” which means that he or she only needs sufficient evidence that you probably violated the conditions of your probation. Further, the probation evidence can use hearsay—something he or she heard, out of court, to back up his or her allegation.

What if You’re Threatened With Probation Revocation?

For most people threatened with probation revocation, the best idea is to get in touch with a lawyer immediately. The consequences can be severe and immediate, so it’s probably in your best interest to talk to an attorney who can defend you and help preserve your rights by calling 414-383-6700 or 262-650-6700 for a free probation violation case evaluation as soon as possible.

Carlos Gamino

FAQ on Class E Felony Charges

Class E Felony - Carlos Gamino
Judge gavel, scales of justice and law books in court

By Carlos Gamino

When you’re charged with a Class E felony, it’s normal to have a lot of questions—including what types of penalties you’re facing if you’re convicted.

FAQ on Class E Felony Charges in Wisconsin

Several crimes classify as Class E felonies in the state of Wisconsin. In some cases, the felony classification depends on the amount of damage done or the monetary value of the alleged crime. Some crimes that can classify as Class E felonies include:

What Are the Penalties for Class E Felony Convictions in Wisconsin?

The penalties for a conviction of a Class E felony in Wisconsin can include:

  • Imprisonment for up to 15 years, with 10 years of confinement in prison and five years of extended supervision
  • A fine of up to $50,000

What to Do if You’re Accused of a Class E Felony

If you’re accused of any Class E felony in the state of Wisconsin, it may be a good idea to get in touch with a felony defense attorney as soon as possible.

Your lawyer will ask you several questions and get your version of events that led up to the alleged crime. He or she will also determine what type of evidence the prosecution has against you in order to develop the defense that gets you the best possible outcome in court.

Do You Need to Talk to a Criminal Defense Lawyer?

If you need to talk to a criminal defense lawyer in Milwaukee or Waukesha, call us right away at 414-383-6700 or 262-650-6700 for a free case review.

Carlos Gamino

Why Work With a Reckless Driving Lawyer in Milwaukee?

Reckless Driving Lawyer - Carlos GaminoBy Carlos Gamino

Reckless driving is a serious crime in Wisconsin, and it’s one the courts don’t take lightly. That’s likely because reckless driving leads to accidents that can cause another person’s death—but you don’t need to be in an accident to face reckless driving charges in Milwaukee, Waukesha, or any of the other cities in Wisconsin.

What is Reckless Driving?

Wisconsin law says that “No person may endanger the safety of any person or property by the negligent operation of a vehicle.” It goes further to say that “No person may cause bodily harm to another by the negligent operation of a vehicle,” and “No person may cause great bodily harm to another by the negligent operation of a vehicle.

What does that mean, though? What qualifies as reckless?

The fact is that a jury can find you guilty of reckless driving if you meet any of these conditions:

  • You operated a vehicle on a highway in a manner constituting criminal negligence
  • Your operation of the vehicle endangered any person or property
  • Your operation of the vehicle caused bodily harm or great bodily harm to another person

Criminal negligence means ordinary negligence to a high degree, and it refers to conduct you should realize creates a risk of death or great bodily harm to another person. If a reasonable person would know that the behavior was that risky, according to the law, you should, too.

Do You Need to Talk to an Attorney About Reckless Driving?

If you need to talk to a reckless driving lawyer in Milwaukee, Waukesha, or any of the surrounding communities, we may be able to help you.

Call us at 414-383-6700 if you’re in Milwaukee or 262-650-6700 if you’re in Waukesha. We’ll be happy to give you a free reckless driving consultation and answer your questions, and we’ll develop a defense strategy when we have the facts in your case.

Carlos Gamino

Do You Need a Disorderly Conduct Lawyer?

Disorderly Conduct Lawyer - Carlos GaminoBy Carlos Gamino

Disorderly conduct. You’ve probably heard the term before—but what does it really mean, and do you really need to get in touch with a lawyer for disorderly conduct charges?

What is Disorderly Conduct?

Wisconsin law is pretty broad when it defines disorderly conduct. It says, “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.”

As you can see, there are plenty of things that fall under the disorderly conduct umbrella.

What Are the Consequences of a Disorderly Conduct Conviction in Wisconsin?

The state considers disorderly conduct a Class B misdemeanor. Because it’s a misdemeanor, many people don’t think they need to work with a disorderly conduct lawyer—but it’s important that you know a misdemeanor goes on your criminal record (and stays there) just like any other criminal charge does. Having a criminal record can prevent you from getting a job, finding a place to live, or even getting credit.

The penalty for a Class B misdemeanor conviction is pretty serious, too. You could be sentenced to up to 90 days in jail, and the judge could order you to pay fines of up to $1,000.

Do You Need to Talk to a Disorderly Conduct Lawyer in Milwaukee or Waukesha?

If you need to talk to an attorney about disorderly conduct charges, whether the incident occurred in Milwaukee, Waukesha, or any of the suburbs, we may be able to help you.

Call us at 414-383-6700 (Milwaukee) or 262-650-6700 (Waukesha) for your free consultation. We’ll evaluate your case and start developing a strategy for your defense as soon as you explain what’s going on.

Carlos Gamino

Drinking and Boating in Wisconsin: What You Need to Know

Drinking and Boating - What is a BUI - Carlos GaminoBy Carlos Gamino

In the state of Wisconsin, it’s illegal to drink and get behind the wheel of a boat—and you could get yourself into serious hot water with the courts if you’re caught. You could lose your money, your boat, and even your freedom.

What is a BUI in Wisconsin?

Like an OWI (operating while intoxicated) or DUI (driving under the influence), BUI is an acronym of its own; it stands for boating under the influence.

On its website, the Department of Natural Resources says, “Wisconsin law prohibits anyone from operating a motorboat or manipulating water skis or similar devices while under the influence of alcohol or drugs. Alcohol and drugs cause impaired balance, blurred vision, poor coordination, impaired judgment, and slower reaction times … It is illegal for a person to operate a motorboat or use water skis, a surfboard, or other device if he or she is under the influence of an intoxicant or a controlled substance or has a blood alcohol concentration of 0.08 percent or greater.”

In the state of Wisconsin, if you operate (or attempt to operate) any vessel, you’ve automatically given your consent to an alcohol or drug test (or both).

What Happens if You’re Convicted of BUI?

If you’re convicted of boating under the influence in Wisconsin, you can be court-ordered to take a boating safety course, pay hefty fines, and spend time behind bars. Your boating certificate will be revoked, too, which means you’ll have to start the process to obtain a new one as soon as you’re eligible.

If you’re accused of BUI, it’s in your best interest to get in touch with an OWI/DUI lawyer in Milwaukee or Waukesha who understands the laws on our waterways and who can aggressively defend you in court.

Call us at 414-383-6700 if you’re in Milwaukee or 262-650-6700 if you’re in Waukesha for your free BUI defense consultation. We’ll evaluate your situation and start developing a strategy to help you right away.

Carlos Gamino

 

What Happens if You’re Caught With Weed in Wisconsin?

What Happens When You're Caught With Weed in Wisconsin - Carlos GaminoBy Carlos Gamino

It’s a crime to possess marijuana in Wisconsin, whether you have it for medical purposes or recreational purposes.

However, in some municipalities, it’s only punishable by a fine on a first offense.

That’s not true everywhere, though. Most places always refer back to the state and federal laws that govern marijuana possession.

What Happens if You’re Caught With Weed in Wisconsin?

If you’re caught with any amount of marijuana, you’re subject to at least a misdemeanor conviction with a penalty of up to 6 months in jail and a fine of up to $1,000—and that’s if it’s your first offense. If you’re convicted more than once, you’re looking at a Class I felony. You could spend up to 3 years, 6 months in prison, and at the same time, you could have to pay up to $10,000 in fines.

The penalties are greater if you’re selling it or you intend to sell it. If you’re growing large amounts of marijuana or you have the intent to deliver more than 10,000 grams (that translates into about 22 pounds), you could end up spending 15 years in prison and paying $25,000 in fines.

Remember, too, that possession of marijuana is still a crime on the federal level (no matter where you are in the U.S., including states that have made it legal). When state and federal laws conflict, federal law wins.

What to Do After You’re Charged With Marijuana Possession in Milwaukee

If you’re charged with a marijuana possession offense, it’s probably in your best interest to get in touch with a Milwaukee drug crime lawyer who understands the state and federal laws that affect your case.

Call us at 414-383-6700 if you’re in Milwaukee or 262-650-6700 if you’re in Waukesha. We’ll ask you some questions, find out what happened during the alleged incident, and start developing a defense strategy that gets you the best possible outcome.

Carlos Gamino

 

Homicide Charges in Milwaukee: What You Need to Know

First-Degree Intentional Homicide in Milwaukee - Carlos GaminoBy Carlos Gamino

First-degree intentional homicide is among the most serious charges the state of Wisconsin can levy against someone. Second-degree intentional homicide is extremely serious, as well, and a conviction could put you behind bars for the rest of your life. If you have been charged with homicide, it’s essential that you get in touch with a Milwaukee homicide defense lawyer as soon as possible.

What is First-Degree Intentional Homicide?

Under Wisconsin law, first-degree intentional homicide is an act committed to cause the death of another person with the intent to kill that person or someone else. It’s important to know that the state can charge you with this type of homicide even if you intended to kill someone else.

First-degree intentional homicide is a Class A felony in Wisconsin, and a conviction carries a mandatory penalty of life in prison.

What is Second-Degree Intentional Homicide?

Second-degree intentional homicide, under Wisconsin law, is an act that causes the death of another person with the intent to kill that person or someone else.

It sounds exactly like first-degree intentional homicide, doesn’t it?

It’s essentially the same, except that second-degree homicide means one of four statutory defenses apply to a first-degree intentional homicide. The four statutory defenses are:

  • Adequate provocation. This can be the case when an incident happens that caused the accused to lose his or her self-control (and it would cause an ordinary person to do the same). When you hear about “heat of passion” manslaughter, this is what they’re talking about.
  • Unnecessary defensive force. If the accused person believed he or another person was in imminent danger of serious injury or death and acted with force he or she thought was necessary, a homicide charge can be dropped to second-degree. (This is considered an “imperfect” self-defense claim.)
  • Prevention of a felony. If the victim’s death was caused because the accused believed that the force he or she used was necessary to prevent a felony, a first-degree intentional homicide charge can be dropped down to a second-degree charge.
  • Coercion or necessity. If the victim’s death was caused by coercion or necessity, which means that the accused was threatened by someone else and forced to kill someone or that the accused felt it was necessary to kill someone to prevent disaster, death, or serious physical harm, a first-degree charge may be dropped to a second-degree charge.

Have You Been Accused of Homicide in Milwaukee or Waukesha?

If you or someone you care about has been accused of homicide in Milwaukee or Waukesha, it’s in your best interest to get in touch with a skilled, knowledgeable homicide defense lawyer as soon as possible.

Call us at 414-383-6700 or 262-650-6700 immediately. If it’s easier, you can also contact us online to discuss your case with an attorney.

Carlos Gamino

What is the Penalty for Rape in Waukesha?

Criminal Penalties for Rape in Waukesha and Milwaukee - Carlos Gamino

By Carlos Gamino

Any sexual assault in Wisconsin is a crime, whether the alleged victim is a man, a woman, a child, or someone the defendant is in an intimate relationship with. The penalties vary based on the type of crime, whether weapons were used, and even how much force of violence was used.

In the state of Wisconsin, you won’t find the term rape on the books. Rape is classified as sexual assault, and it’s divided into four separate categories: First-degree, second-degree, third-degree, and fourth-degree. They’re each very serious, so if you’re facing these types of charges, your best bet is to reach out to a Waukesha rape defense attorney as soon as possible.

Degrees of Rape and Sexual Assault in Wisconsin

First-degree sexual assault involves sexual contact or intercourse with a person who hasn’t given his or her consent. In order to be categorized as first-degree sexual assault, the incident must have caused pregnancy or serious physical injury, involved a dangerous weapon, or was helped by another person and the activity was accomplished by the use or threat of violence.

Second-degree sexual assault refers to sexual contact or sex when:

  • There’s a use or threat of force or violence
  • Injury, disease, reproductive impairment, or mental anguish results
  • The victim is mentally ill, intoxicated, or unconscious
  • Another person aids in the act
  • The defendant is an employee of an adult family home, community-based residential facility, inpatient healthcare facility, or state treatment facility and the victim is a patient or resident
  • The defendant is an employee of a child welfare agency, foster home, or shelter or a direct care or treatment services hospital or home health agency and the victim is a client at the facility
  • The defendant is a correctional officer or volunteer who has sexual contact or sex with an inmate
  • The defendant is a parole or probation officer and the victim is the person on parole or probation and is under the defendant’s supervision (direct or indirect)

Third-degree sexual assault is intercourse or sexual contact involving intentional ejaculation, urine, or feces of the defendant or victim for the purposes of sexual humiliation or gratification.

Fourth-degree sexual assault is non-consensual sexual contact with a person that involves the intentional touching with the intent to cause the sexual humiliation of the victim or sexual gratification to the defendant.

What to Do if You’re Accused of Rape in Waukesha

For most people accused of this type of sexual assault, the best choice to make is to get in touch with a Milwaukee or Waukesha rape defense lawyer as soon as possible.

Call us at 414-383-6700 or 262-650-6700 immediately. We’ll evaluate your case and begin developing a strategy that gets you the best possible outcome.

Carlos Gamino