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Understanding the Consequences of Criminal Charges

Posted by Ken Barrett | Jul 16, 2018 | 0 Comments

When someone is charged with a crime in the state of Rhode Island, the consequences one might face vary with the severity of the charges. Under Rhode Island Statute § 11 – 1 -2, there are four different types of charges one might face in criminal law. These include the following: Felonies, Mi...

Entrapment as a Defense

Posted by Ken Barrett | Jun 30, 2018 | 0 Comments

Entrapment is one of the most frequently misunderstood defenses to criminal charges. We break it down here in a general sense. Required Precursors to an Entrapment Charge In entrapment defense claims, the government must first show the defendant committed the crime. If the government can't prov...

The Right to be Free from Unreasonable Search and Seizure

Posted by Ken Barrett | Jun 27, 2018 | 0 Comments

The Fourth Amendment of the United States Constitution, as well as Article I, Section 6 of the Rhode Island Constitution, offers people certain privacy guarantees. While some of the words are slightly different, the intent of both amendments is the same. Rhode Island's version states: The right ...

Arson in Rhode Island

Posted by Ken Barrett | Jun 13, 2018 | 0 Comments

In the State of Rhode Island, arson is charged by degree, with first-degree arson being most serious, and seventh-degree arson being the least serious arson offense. Understanding the conduct and the charges that may arise out of such conduct may prevent someone from being charged with a crime. I...

Preparing for Court

Posted by Ken Barrett | May 31, 2018 | 0 Comments

If you're facing criminal charges, you will be making one or more court appearances. Showing up on time and on the right date is very important. Missing a court appearance can even result in a bench warrant issued for your arrest, even if you have a good reason for being late. Here are a few sugg...

Understanding Theft by False Pretenses in Rhode Island

Posted by Ken Barrett | May 25, 2018 | 0 Comments

Rhode Island has a particularly confusing statute governing theft by false pretenses. It states: Every person who shall obtain from another designedly, by any false pretense or pretenses, any money, goods, wares, or other property, with intent to cheat or defraud, and every person who shall pers...

Understanding Criminal Trials

Posted by Ken Barrett | May 21, 2018 | 0 Comments

A criminal trial is a mystery to most people. Criminal cases, like civil cases, settle more than 90 percent of the time, so even people who have had one or more criminal charges may never have seen a criminal trial. Criminal trials proceed in a certain order, as discussed below. Selecting a Jury...

Felony Murder

Posted by Ken Barrett | May 17, 2018 | 0 Comments

When someone causes the death of another human being, there are several different types of crimes one may be charged with. Different circumstances surrounding a death can dictate charges as serious as first-degree murder or something less serious, such as second-degree murder or manslaughter. One...

Why You Should Consider Fighting a Traffic Ticket

Posted by Ken Barrett | May 16, 2018 | 0 Comments

If you receive a traffic ticket in Rhode Island, you may think just paying the ticket is the easiest thing to do. While paying the ticket may take the least amount of time, this does not necessarily mean paying the ticket is in your best interests. Paying the Ticket Constitutes a Guilty Plea Ma...

Constitutional Challenges to Criminal Charges

Posted by Ken Barrett | May 01, 2018 | 0 Comments

You dont have to watch too many courtroom dramas to hear about a case being dismissed “on a technicality.” But what does that really mean? Typically, the “technicality” being referred to is the United States Constitution, as well as the states Constitution. The Constitution guarantees certain r...

DUI and Physical Control in the State of Rhode Island

Posted by Ken Barrett | Apr 30, 2018 | 0 Comments

In Rhode Island, state law defines driving under the influence (DUI) as driving a motor vehicle with a BAC of 0.08% or higher. If the driver is under the age of 21, the driver can be charged with a DUI with a BAC 0.02% or greater. A commercial driver can be charged with a DUI with a BAC 0.04% or ...

Penalties for Robbery in Rhode Island

Posted by Ken Barrett | Apr 19, 2018 | 0 Comments

The penalty for robbery depends on the facts of the case. The more serious robbery punishment is for robberies where one of the following has occurred: The robbery was accomplished by use of a dangerous weapon; The victim of the robbery was injured; The victim of the robbery was severely imp...

Frequently Asked Questions about Probation in Rhode Island

Posted by Ken Barrett | Apr 14, 2018 | 0 Comments

Are there certain rules everyone has to follow while on probation in Rhode Island? Yes. If you are placed on probation in Rhode Island, the judge will order you to follow the general conditions of probation. Failure to follow the judges orders may result in a probation violation. Parole rules m...

Diversion in Rhode Island

Posted by Ken Barrett | Mar 30, 2018 | 0 Comments

Often times people who find themselves in the criminal justice system have just made a mistake they wish they could undo. The fear of consequences--including jail time and lengthy probation--can be paralyzing. In certain cases, diversion may be an option. Quite literally, Rhode Islands diversion...

Understanding Assault Charges

Posted by Ken Barrett | Mar 29, 2018 | 0 Comments

In Rhode Island, felony assault is a crime under Rhode Island Statute § 11 – 5 – 2. The statute reads, in part, “Every person who shall make an assault or battery, or both, with a dangerous weapon, or with acid or other dangerous substance, or by fire, or an assault or battery that results in ser...

Understanding Statutory Rape in Rhode Island

Posted by Ken Barrett | Mar 28, 2018 | 0 Comments

“Statutory rape” is a term that refers to sexual criminal conduct involving what on the surface appears to be consensual sex. In other words, while the word “rape” suggests a lack of consent, in statutory rape there is a presumption the sex, on its face, may have been accompanied by an agreement ...

Rhode Island Larceny Attorney

Posted by Ken Barrett | Mar 26, 2018 | 0 Comments

In Rhode Island, “larceny” is a blanket term that covers a number of different types of theft crimes. Stealing, embezzlement, and theft by false pretenses are all crimes that fall under the umbrella term “larceny.” However, each of these crimes involve different conduct. Theft as Larceny Theft ...

Know Your Rights! Understanding Your Right to Remain Silent

Posted by Ken Barrett | Feb 23, 2018 | 0 Comments

Understanding your rights is essential to building a strong foundation for your defense, should you be charged with a crime. One of the most fundamental rights we have as citizens of the United States is the right to remain silent. While most people can recite the Miranda warning off the top of t...

An Introduction to Rhode Island Drug Laws

Posted by Ken Barrett | Feb 21, 2018 | 0 Comments

In Rhode Island, there are several drug laws that may impact the citizens of the state. Understanding possession, constructive possession, and possession with intent to sell drugs is perhaps more complicated than the average person thinks. Possession of Drugs Possession of drugs is probably the...

Understanding Rhode Island DUI Laws

Posted by Ken Barrett | Feb 07, 2018 | 0 Comments

In Rhode Island, it is illegal to drive while under the influence of drugs or liquor, pursuant to Rhode Island Statute §31 – 27 – 2. There are several ways one might be guilty of DUI. Understanding the three ways one can commit the crime of driving under the influence may make the offense less li...

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Kensley Barrett

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