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Category Archives: Carlos Gamino of Waukesha

When Police Push the Envelope

23 Tuesday Jun 2015

Posted by Carlos Gamino in Attorney Carlos A. Gamino, Carlos Gamino of Waukesha

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When Police Push the Envelope - Carlos GaminoBy Carlos Gamino

It’s generally accepted wisdom that if you don’t break the law, you don’t have anything to worry about. But what happens when people get into a he-said, she-said situation with police?

Police are sworn officers of the law, so it’s not surprising that what they say carries a little more weight than what an accused criminal says. However, with organizations such as the American Civil Liberties Union and a handful of others making it easier to record police encounters, the fires of suspicion are continually being stoked. (The ACLU launched a “Mobile Justice” app for smartphones that live-streams encounters to their database; if people want to retrieve them for evidence later, they simply request them through the organization.)

It really seems like there’s a genuine distrust of police sweeping the nation. Most police don’t deserve it.

Maybe it’s due to the fact that every confrontation between police and civilians makes it on the 6 o’clock news and spreads around Facebook like wildfire.

The story of a Texas officer knocking out a woman in front of her 6-year-old daughter in April, for example, has thousands of “Likes” and comments, as does video of a police officer punching a woman who, at the time, was 9 months pregnant.

There’s no doubt that these officers may have reacted the wrong way to the situations they were in; I don’t think anyone would dispute that. However, the rate of distrust is growing.

Experts aren’t sure what we should do. We have police hosting “Coffee with a Cop” events and this incredibly amazing day that police spent one day before Christmas. While these things do a little, they’re not solving the problem – and at this point, nobody has the right answers.

How would you change public perception of police, or do you think it doesn’t need to be changed? I’d love to hear what you think, and it’s a discussion we all need to have. Share your thoughts on my Facebook page and let everyone know what you think!

Carlos Gamino

Can the Government Listen In on Your Phone Calls?

27 Monday Apr 2015

Posted by Carlos Gamino in Attorney Carlos A. Gamino, Carlos Gamino of Waukesha

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Can the Government Listen in on Your Phone Calls - by Carlos GaminoCarlos Gamino, a criminal defense lawyer in Milwaukee, is always interested in privacy laws. Here’s his take on whether the government can—or should—listen in on your phone calls.

 Your phone calls are your own private business. That is, until the government has a reason to listen in. Wiretapping and accessing call records are accepted practices that have been going on for decades. With court approval, the government and police can request cooperation from phone companies to listen in on your conversations.

In fact, a 2014 report from Vodafone, one of the world’s largest cellular companies, revealed that government snooping into phone networks happens extensively all across the globe. This may come as a surprise, but according to Vodafone, many countries even demand direct access into Vodafone’s networks without providing a warrant or prior notice. The report included all of the 29 countries across Europe, Africa and Asia in which Vodafone operates.

Recently, however, the U.S. and the United Kingdom have been accused of taking things one step farther. They’re accused of hacking Dutch SIM card manufacturer Gemalto’s private data and stealing the encryption keys that secure communications between mobile phones and cell towers. These keys allow snoopers to decode phone conversations and text messages.

With the attack, the hackers—whomever they ultimately prove to be—hit the motherlode. Gemalto operates in 85 countries and fabricates about 2 billion SIM cards each year across 40 manufacturing facilities.

To put the scale of the incident into greater perspective, the SIM card hack gives its perpetrators the ability to monitor a significant portion of the world’s voice and data cellular communications… and they can do it all secretly. That access spans across major telecom networks, including some of America’s largest like Verizon, AT&T, Sprint and T-Mobile, and approximately 450 other wireless providers around the globe—all clients of Gemalto.

The hack is likely to involve many American consumers since nearly 90 percent of U.S. households use wireless service and 39 percent of them are wireless-only, according to 2013 data reported by international non-profit wireless communications organization CTIA.

While many countries put a heavy emphasis on their citizens’ privacy, governments around the world have become increasingly vigilant against terrorism and other potential threats. In many cases, they view wiretapping as a mechanism necessary to help ensure the safety and well-being of their people.

What do you think? If the U.S. and the United Kingdom really are guilty of hacking Gemalto, were they justified in doing so in the name of national security?

What do you do to protect your own privacy? I’d love to hear your opinions, so please, drop by my Facebook page and let me know.

Carlos Gamino

 

Is it Legal for Companies to Require Vaccinations?

30 Monday Mar 2015

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Is it Legal for Companies to Require Vaccinations?By Carlos Gamino, Wisconsin attorney

With this country’s recent measles outbreak, which has been traced back to Disneyland in California, there’s plenty of talk about what to do to prevent something like this from ever happening again. Naturally, vaccinations are the simple choice: get yourself and your children vaccinated and you have an extremely slim chance of contracting the measles.

In many cases, however, vaccinations are optional. Homeschooled children can fly under the radar when it comes to vaccines, and so can kids whose parents have an exemption. In the state of Wisconsin, parents are allowed to cite religious and philosophical reasons for not vaccinating (medical exemptions have always been allowed, because some people are too at-risk to receive vaccinations that healthy people have no problem receiving). The student immunization law clearly outlines which shots children need to attend school in Wisconsin, but what about adults?

Nobody is keeping up with the adults.

Among the known cases of measles that stemmed from the Disneyland outbreak, five people had received two or more measles vaccinations. At least 32 of the people who were infected were older than 20, as well, so that means nearly 25 percent of the people were adults who should be immune, according to the CDC.

With all that said, some companies are requiring their employees to prove their immunity or get an MMR booster shot. Hospitals are among the places that do the most to ensure employee vaccination, but still, not all of their employees participate. Workers and staff at a Washington hospital filed a federal lawsuit over a mandatory H1N1 vaccine in 2009, and New York dropped their mandatory vaccination rules in fear of lawsuits (and in the face of vaccine shortages).

For the most part, it is legal for employers to require you to get your immunizations. That’s because most employment is “at-will,” so you can quit or be fired at any time. There are a few exceptions, such as those who have employment contracts, those with collective bargaining agreements and those with employers that infringe on religious liberties by forcing vaccinations.

What do you think? Should more employers mandate vaccines, or is that asking too much from society? I’d love to hear your opinion here or on my Facebook page.

Carlos Gamino

Wisconsin’s Purge Hoax Revisited

24 Friday Oct 2014

Posted by Carlos Gamino in Attorney Carlos A. Gamino, Carlos Gamino of Waukesha

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Wisconsin's Purge Hoax Revisited - Attorney Carlos A. GaminoAttorney Carlos A. Gamiño is a movie buff, and as such, finds it incredibly interesting when movies inspire real-life events. Good events, that is, like people being inspired by Pay it Forward… Not so with The Purge, which scared the daylights out of moviegoers and inspired hoaxes all over the country. Here’s a lawyer’s perspective.

The Purge. A scary movie with so-so acting… and one that inspired real-life terror in many communities across the country.

If you haven’t seen The Purge yet, read some of the 2013 horror’s reviews before you part with your hard-earned money. Here’s a synopsis:

Everything illegal, including robbery and murder, is legal for a 12-hour period in this futuristic flick. It follows one family through a terrifying night where neighbors become enemies until dawn – and then, suddenly, everyone forgives and forgets.

What one high schooler started in Louisville, Kentucky started in August had some Wisconsin residents locking up and battening down the hatches a few weeks later, though. An internet hoax claiming that people would be having their own citizen-style purge—without the consent of local law enforcement, of course—on a particular night and starting at a particular time.

The rumor made its way to Milwaukee by the end of August, and Appleton, Fond du Lac, Green Bay and Madison were supposed to be in on it, too.

While starting a hoax like this isn’t illegal, and nothing actually happened in Wisconsin, similar hoaxes did cause a 20 percent rise in calls to police in Louisville. Police there said that people who posted threatening messages on social media sites such as Twitter and Facebook could face criminal charges.

What do you think of hoaxes that really instill fear in peaceful communities? Are you concerned that some people will take them seriously, or do you brush them off as childish pranks that don’t deserve any attention… and what are we going to do about the hoaxes that will almost certainly circle the sequel, which is headed for video now? I’m interested in your take, so please leave comments below.

Attorney Carlos A. Gamiño

Lawyer Bills Client for… Sex

26 Thursday Jun 2014

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At8. Lawyer Bills Client for... Sex - Thomas P. Lowetorney Carlos A. Gamiño practices criminal defense law and divorce law in Milwaukee, Waukesha and the surrounding areas.

It’s not too often that we see attorneys in trouble for breaking the law – after all, it’s our jobs to know precisely what the laws are and how they affect everyday citizens. However, there have been more than a few recent cases of lawyers having to answer for their actions in front of a disciplinary board.

As a criminal defense lawyer in Milwaukee, there’s very little that surprises me. When I stumbled on a story about an attorney in Minnesota having sex with his client, though, the details left me shaking my head.

Thomas P. Lowe, a 58-year-old divorce lawyer from Eagan, Minnesota, began an affair with a client he was representing. According to court documents, the affair lasted for six months – and then Lowe broke things off because he wanted to save his own marriage. The woman involved then made a suicide attempt, and while she was in the hospital, she disclosed their affair.

The real kicker, though?

Lowe was billing the woman for the times they spent being intimate. He was logging those hours as “meetings” and “preparing forms.”

It’s one thing for a lawyer to have sex with a client, which isn’t allowed in the first place. It’s another when he’s married… and it’s another scenario entirely when the lawyer is billing the client for having sex with her in the backseat of a car (yes, really).

Lowe was suspended indefinitely for his conduct, and it probably wasn’t beneficial to him that he had prior disciplinary action; a little more than a decade ago, he purchased cocaine from a client and was caught.

Did his client deserve that kind of treatment? Certainly not. He billed her $900 for the time that she was emotionally and physically involved with him – not to mention the hourly rates he was charging her to work on her case. Every aspect of what happened is unfortunate, from start to finish.

Life isn’t about taking advantage of other people. It’s about making other people’s lives better, and that unfailingly makes our own lives better.

Take care,

Carlos A. Gamiño, Milwaukee Criminal Defense Attorney

Growing Marijuana in Milwaukee

15 Thursday May 2014

Posted by Carlos Gamino in Attorney Carlos A. Gamino, Carlos Gamino of Waukesha

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Attorney Carlos A. Gamino, Attorney Carlos Gamino, Growing Marijuana, marijuana, Milwaukee Criminal Defense Attorney, Milwaukee Drug Crime, Wisconsin Drug Crime

Everyone hGrowing Marijuana in Milwaukee - Attorney Carlos A Gaminoas something to say about the war on drugs, but the fact remains that no matter which side you’re on, it’s illegal to grow and sell marijuana in Wisconsin… at least for the time being. If you’ve been charged with growing marijuana, you’re going to need to talk to a Milwaukee drug crime lawyer who knows how to help.

Growing Pot is a Felony in Milwaukee

You may have done well in chemistry and biology, but growing marijuana will get you a big, fat F (as in felony). While individual convictions vary based on the amount, it’s considered manufacturing a controlled substance.

Every person convicted of a drug offense has to have their driver’s license suspended for at least six months but not more than five years; from there, things go downhill. You could spend time in prison for growing marijuana, and there are penalty enhancers that come into play if you intended to distribute it or if the offense occurs in a public housing project or near a park, a school or a handful of other places.

Is Marijuana Ever Going to Become Legal in Wisconsin?

There’s no way to tell whether pot will become legal for recreational use in Wisconsin. Governor Scott Walker passed a limited medical cannabis bill, but recent studies out of the University of Wisconsin-Milwaukee and Northwestern University Feinberg School of Medicine suggest that brain alterations take place in casual marijuana smokers… and those studies may affect future legislation.

So what does that mean for you?

If you’ve been caught growing marijuana in Milwaukee, you’re going to need a lawyer who understands the most current laws. Whether you had a tiny plant on your windowsill or you were running a large farm, you can’t afford not to have a talented Milwaukee drug crime lawyer in your corner like Attorney Carlos A. Gamiño. Call (414) 383-6700 as soon as you can; you deserve to have your rights protected and to have someone looking out for you.

 

Criminal Property Damage in Milwaukee

07 Wednesday May 2014

Posted by Carlos Gamino in Attorney Carlos A. Gamino, Carlos Gamino of Waukesha, Milwaukee Criminal Lawyer, Wisconsin Criminal Law

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Attorney Carlos A. Gamino, Attorney Carlos Gamino, Carlos A. Gamino, Criminal damage, Criminal Damage to Property, criminal property damage, misdemeanor

 

Criminal Property Damage in Milwaukee - Attorney Carlos A Gamino at Gamino Law Offices.jpgWe all make mistakes, and sometimes those mistakes have a price. Criminal damage to property is one of those mistakes – and it could cost you dearly. Many people are under the mistaken impression that criminal damage to property is always a misdemeanor, but that’s not always the case. In fact, this crime is one of the most clearly outlined on Wisconsin’s law books.

If someone threatens to press charges against you or if you’re already being charged with criminal property damage, call Milwaukee lawyer Carlos A. Gamiño immediately, because the consequences might be more severe than you think.

Being Charged with Criminal Property Damage in Milwaukee

In many cases, criminal damage to property is a misdemeanor. It doesn’t take much to convict someone, either; all that has to be proven is that someone intentionally damaged property that wasn’t theirs without the consent of the owner. That’s it – so even something that seems small, such as breaking a window or ruining photos could constitute criminal property damage.

The maximum sentence you can receive for a misdemeanor criminal property damage conviction is 9 months in jail and a fine of up to $10,000. But it’s not always “just” a misdemeanor.

Sometimes criminal property damage is a felony. That’s usually reserved for more serious offenses that involve vehicles, public property or high-value items. If you’re convicted of this type of felony, you could face several years in prison and extremely substantial fines.

Often, the difference between a few months in jail and a few years lies in the value of the property. You need to work with a lawyer who understands how the system works and won’t let someone get away with inflating the value of a specific piece of property; you need someone who will fight aggressively in your defense. Call Carlos Gamiño at (414)383-6700 if you’re dealing with criminal property damage in Milwaukee or Waukesha – don’t gamble with your future over someone else’s property.

 

Criminal Justice Myths Busted

24 Thursday Apr 2014

Posted by Carlos Gamino in Carlos Gamino of Waukesha, Milwaukee Criminal Lawyer, Wisconsin Criminal Law

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Experienced Wisconsin Criminal Defense Attorney

While it’s fun to watch Law & Order, CSI and other “true crime” shows, they don’t really give us an accurate picture of the criminal justice system. In fact, some of those shows spread misinformation that people start to believe – so as an experienced Milwaukee criminal lawyer, Attorney Carlos Gamino of Waukesha wants to set the record straight.

3 Criminal Justice Myths Busted

There are several criminal justice myths we could bust, but there are three big ones that can really hurt your future.

Criminal Justice Myth #1: Police Have to Tell You They’re Police

Many people believe that if you ask a cop if he’s a cop, he has to tell you the truth. That’s not at all true, but the myth often causes a real problem for people, including many who are eventually charged with possession of a narcotic drug or paraphernalia in Milwaukee. You can ask an undercover police officer a dozen times, and he or she is never required to tell you the truth.

Criminal Justice Myth #2: You Have to Answer a Police Officer’s Questions

When police start asking you questions, the only thing you need to say is “I’d like to talk to a lawyer.” You don’t have to say a word until you’ve talked things over with your attorney, and in most cases, your attorney will be by your side during questioning. That is your right, no matter what you’ve been accused of doing, and the police cannot take it from you.

Whether or not you are guilty of a crime, police can tell you anything to get you to confess. They can tell you that you’ll be better off or promise you that a judge will go easier on you. However, police are in no position to make these kinds of promises; you should never confess to anything without being under an experienced criminal defense lawyer’s guidance.

Criminal Justice Myth #3: Your Case Will Be Dismissed if You’re Not Read Your Rights

Only rarely are cases dismissed because the accused weren’t read their rights. The police are supposed to make you aware of your Miranda rights (“You have the right to remain silent…”) when they have you in custody and are asking you questions. However, a police officer’s failure to Mirandize you isn’t always grounds for dismissing your case.

There are dozens of other criminal justice myths (no, police don’t have to show you their radar detectors or write error-free tickets; you can be charged with a crime even if you don’t get out of the car; and you can still be charged with possession after you toss drugs out the window), but these are potentially the most damaging. Don’t waste time handling tough situations alone – call an experienced Milwaukee criminal lawyer who’s ready to fight for you.

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