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...
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...
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...
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...
Drivers license suspensions are a tool for penalizing, enforcing and deterring criminal behavior and traffic violations. In many instances, an initial license suspension, such as one for a six-month period, can lead to a series of events that will result in an individual not having a license for...
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 ...
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...
While Rhode Islands neighbor to the north prepares for recreational sales, our state has been unable to gain traction to do the same. Until -- maybe -- now. Voters in Massachusetts, our northern neighbor, passed their measure on the issue in November 2017. On October 25, 2017, just before Massa...
As a former assistant public defender with the Rhode Island Public Defenders Office, I can state unequivocally that the Office goes above and beyond for its clients and the public at large with limited resources at their disposal. But theres only so much you can do when the Public Defenders Of...
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% ...
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...
The National Institute of Drug Abuse explains opioids are a class composed of both legal and illegal drugs. Common legal prescription pain relief opioids include oxycodone (OxyContin), hydrocodone (Vicodin), morphine and others. In the last 30 years, a synthetic opioid named fentanyl, used in ane...
A jury in a criminal action in Providence has found 49-year-old Jon Casella guilty of multiple counts involved with the distribution of methamphetamines, as well as a charge of illegal possession of a firearm. The Rhode Island man faces a prison sentence of at least five years after he sold drugs...
As of October 30, 2017, in Rhode Island, if you are convicted of domestic violence, you stand to lose more than time in jail, you could lose your Second Amendment right. The Protect Rhode Island Families Act was recently passed by the General Assembly and was signed into law by Governor Raimondo....
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