Tag Archives: Attorney Carlos Gamino

Wisconsin’s Purge Hoax Revisited

24 Friday Oct 2014

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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

Hate Crime – It Might Not Be What You Think

12 Thursday Jun 2014

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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

Growing Marijuana in Milwaukee

15 Thursday May 2014

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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

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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.

 

Importance of an Attorney if Facing Hit and Run Charges

01 Thursday May 2014

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– Attorney Carlos A. Gamino

hit and run

According to the Wisconsin department of transportation, 625 fatalities were recorded in 2012 with most resulting from hit-and-run accidents . While finding yourself in any sort of accident is quite distressing, falling prey to a hit and run charge is even more distressing as the penalties can be substantial.

If you are charged with a simple hit and run criminal offense in Wisconsin (property damage only) you may face penalties of up to 6 months in jail and a fine of up to $1000. However, if anyone was injured in the accident the penalties are increased to up to 9 months in jail and a fine of up to $10,000. If the person injured in a hit and run accident suffered great bodily harm, it becomes a class E felony in Wisconsin. And, when a Wisconsin hit and run involves a death it is a class D felony.

Hit and run offenses typically occur when there is an accident and the driver of the motor vehicle fails to stop. However, it can also be considered “hit and run” if the drivers stops, but then leaves or fails to provide required information.

In some hit and run cases, the police are able to trace the vehicle or driver through CCTV footage. Other times they use witnesses, vehicle damage and restoration services, and other times suspects simply turn themselves in to the police. What should you do if you are involved in a hit and run? The answer is simple. Call an experienced lawyer like Attorney Carlos Gamino.   If you have been involved, or are even a suspect, in a hit and run in Wisconsin, a Milwaukee criminal defense lawyer should be your first point of contact.

Criminal Justice Myths Busted

24 Thursday Apr 2014

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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.

Wisconsin Unsolved Crime: The Mystery of the Disappearing Prescription Meds

07 Monday Apr 2014

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There are times when certain crimes do not present enough evidence to prosecute a particular individual for the offense. Whether because there aren’t any fingerprints at the scene or DNA left behind by the suspect, or because there are no witnesses to identify any suspects, not all crimes are as clear cut as some might imagine. And recently in Wisconsin, one particular unsolved crime has left police searching high and low for answers.

Attorney Carlos Gamino notes that police are asking locals for help to search for a suspect or suspects who may have stolen prescription medications after breaking into a parked vehicle. The incident dates back to March 15, when a Wisconsin police officer responded to a call for help at an assisted living residence in Wisconsin Rapids. The caller reported that someone had smashed the window of a vehicle in the parking lot and had taken prescription medications. The owners of the vehicle explained the medications were not visible, which could mean the suspect was aware that the owners were in possession of the meds.

There doesn’t seem to be any evidence to pin the crime on any one particular person, but if a suspect does emerge, they would be wise to consult with an experienced Wisconsin criminal defense lawyer. Not only would they be charged with breaking into the vehicle and causing damage to property, but they may also be charged with drug possession, depending on the type of prescription meds that were stolen.