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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...

Understanding No Contact Orders in Domestic Violence Cases

Posted by Ken Barrett | Feb 02, 2018 | 0 Comments

In Rhode Island, domestic violence charges come with short-term consequences, and domestic violence convictions come with long-term consequences. One immediate consequence of domestic violence crimes in Rhode Island is the issuance of a No Contact Order. Understanding domestic violence charges an...

Understanding Rhode Island Law Regarding Search Warrants

Posted by Ken Barrett | Jan 24, 2018 | 0 Comments

Back in Colonial times, the British would sometime exercise “general warrants” where they searched houses in the U.S. These intrusive searches were viewed as unlawful and were one factor that contributed to the Revolutionary War efforts. In the U.S. Constitution, this protection was addressed in ...

Rhode Island Is Adding New Gun Provisions

Posted by Ken Barrett | Jan 22, 2018 | 0 Comments

The Rhode Island legislature is again looking to tighten the already restrictive state laws regarding firearms. This involves using “bump stocks,” which attach to semi-automatic firearms that can increase the firing rate close to that of fully automatic weapons. The rifles standard stock is repl...

Felony Driving Under the Influence in Rhode Island

Posted by Ken Barrett | Dec 28, 2017 | 0 Comments

Drivers operating a motor vehicle with a blood alcohol concentration (BAC) of .08% are guilty of DUI. Although, the state does not permit “sobriety checkpoints”, law enforcement is preparing for aggressive enforcement in 2018. The National Highway Traffic Safety Administration estimates show 30% ...

What is “White Collar” Crime?

Posted by Ken Barrett | Dec 22, 2017 | 0 Comments

Certain categories of criminal activity are referred to as “white collar” crimes. They tend to use technology, deceit, or false documentation as tools rather than fear or violence in committing offenses such as financially-related crimes, acts of corruption, or bribery. The widespread adoption of...

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Kensley Barrett

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