Rhode Island has a law prohibiting “unreasonable noise levels.” Rhode Island's law prohibits “unreasonable, excessive and annoying noise levels.” What sounds are “annoying” may arguably be in the ears of the beholder. However, the law provides some guidance as to what qualifies as illegal noise. ...
In the state of Rhode Island, there are several different types of conduct that constitute first-degree murder. One of these, felony murder, has been previously discussed in our blog. Another type of first-degree murder is known as "premeditated murder." The Elements of First Degree Premeditated...
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...
It's summertime. From little league to horse racing to amateur boxing, there are plenty of opportunities to hang out and enjoy the summer weather while taking in a sporting event. Depending on one's allegiance to the players or the sport in general, it may be natural to hope one side wins over th...
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 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 ...
In Rhode Island, the Domestic Violence Prevention Act details the consequences people face when convicted of a crime of domestic violence. These are consequences over and above the consequences one might face for any criminal conviction, which typically include a fine and jail or prison time. Be...
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...
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...
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...
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...
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...
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...
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...
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 ...
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...
Breaking and Entering a Dwelling House, Defined Breaking and entering a dwelling house requires the following elements: Breaking the plane (this could be opening a door or window, regardless of whether or not the door or window was locked); Entering the dwelling (this could be walking throug...
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...
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...
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...
“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 ...
Often times in criminal trials, defendants want to testify on their own behalf. However, there are many reasons why testifying on your own behalf is a bad idea. In the right case, your testimony may be critical to your defense. However, more often, your testimony could actually damage your case. ...
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 ...
The right to be free from self-incrimination (also referred to as the right to remain silent rather than admit to criminal wrongdoing) is a bedrock principle of American jurisprudence, found in the Fifth Amendment to the United States Constitution. The fact law enforcement has to tell you about y...
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...
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