Category Archives: Milwaukee Criminal Lawyer

Is Your Data Safe?

16 Monday Mar 2015

Posted by in Attorney Carlos A. Gamino, Milwaukee Criminal Lawyer, Uncategorized

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Is Your Data Safe– By Carlos Gamino, Milwaukee Attorney

There have been a lot of reports of stolen data all over the world, and the latest attack involved hackers pirating millions of dollars from well-known banks. In fact, the web security experts at Kaspersky called the most recent theft “the most successful criminal cyber campaign we have ever seen.”

The hackers used phishing scams on bank employees, installing malicious software right on bank computers through email. Hundreds of machines were infected with the malware, which allowed the hackers to record keystrokes and a system administrator’s screen. From there, they transferred huge amounts of money from banks all over the globe. They also sent signals to ATM machines to start dispensing money at specific times, sending couriers out to collect the cash.

So what does this mean to you?

You don’t have to rush to change all of your passwords, but you do have to take the appropriate precautions. (Changing your passwords won’t hurt, either.) What’s more important is protecting yourself from this moment forward—because hackers don’t just take from the “big guys.”

Most banks now offer temporary credit card numbers that you can use when you shop online. The numbers are good for a limited amount of time, and they’re only valid for one transaction. This system lets you continue to shop online without giving your credit card number to anyone else, including stores you trust.

Target was hacked in October 2014, and Amazon was hit in December. Neiman Marcus, Home Depot and even Xbox Live accounts weren’t immune. That means anywhere you’ve used a credit card is potentially an unsafe place for your data, which hackers can use for identity theft or to rack up massive debt that you’ll eventually have to deal with.

What do you do to keep your data safe? Do you avoid shopping online, or do you have an easy trick that you can share with the rest of us? Add your comment below or head over to my Facebook page to join the discussion!

– Carlos Gamino

Hate Crime – It Might Not Be What You Think

12 Thursday Jun 2014

Posted by in Attorney Carlos A. Gamino, Milwaukee Criminal Lawyer

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Hate Crime - It Might Not Be What You Think

When you hear “hate crime,” what comes to mind? Maybe you think of a racially motivated assault and battery, or graffiti on a wall that slurs an entire group of people based on ethnicity or sexual orientation. Hate crimes can be more broad than that, though; in fact, some people aren’t even aware that what they’re doing could be considered a hate crime in Wisconsin. I can’t stress it enough: if you’re being charged with a hate crime, you probably need a Milwaukee criminal defense attorney on your side.

Here’s why.

Penalties Increase for Hate Crimes in Wisconsin

If you commit a crime – let’s use battery as an example – and it seems on the surface that you’ve chosen the victim based on race, sexual orientation, religion, disability or ancestry, or because of their gender, color or national origin, the penalties for the crime are more severe. Lengthier jail sentences and heftier fines are often the result for people convicted of hate crimes.

Violence, like battery, is what most of us associate with hate crimes. Six months ago, a Wisconsin man demanded that two men, who were conversing in Hebrew, speak English before punching them repeatedly. While he could’ve been charged with a hate crime, a Dane County judge said he “caught a break.”

This type of crime does not have to be a violent crime against an individual or group, though. Last fall, a Racine teen was arrested and jailed for shattering local gay couple’s window after heckling them with slurs for a week. Arson, breaking the window of a car or spray-painting messages based on a particular prejudice can also count as hate crimes.

The best thing you can do if you’re charged with a hate crime is to keep your cool – and be quiet. Don’t answer any questions without getting advice from a Milwaukee criminal defense lawyer. It’s upsetting to be charged with a crime, but proclaiming your innocence to investigators may not be helpful (in fact, the things you say could be misunderstood and turned around on you later).

Attorney Carlos Gamiño

Criminal Property Damage in Milwaukee

07 Wednesday May 2014

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

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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 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.