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Criminal Defense

Recent Posts in Criminal Defense Category

  • What You Need to Know About Trespassing Crimes

    A trespassing conviction can result in serious penalties, like having to pay damages to the property owner or jail time. The crime of trespassing occurs when a person intentionally enters or stays on another person’s property without expressed consent or after having been told to avoid the property. The key element in trespassing cases is “intent.” In order to be charged with trespassing, it must ...
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  • Ignition Interlock Device Questions

    Question: What is an ignition interlock device? A: An ignition interlock is a device that measures the amount of alcohol in a person’s breath before allowing them to start their vehicle. These devices also require periodic retests while the vehicle is running. Test results are recorded in the device, as well as when the engine is started and what times of day the vehicle is being used. Violations, ...
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  • Common Probation Violation Questions

    Question: What is probation? A: Probation is the suspension of a person’s jail sentence, which allows them to rejoin the community under the conditions of certain court-ordered rules. Common conditions of probation include: Performing community service Meetings with a probation officer No use of illegal drugs or excessive consumption of alcohol Avoiding contact with certain people Restriction from ...
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  • What Are the Penalties for Commercial DUI in RI?

    In order to obtain a commercial driver's license (CDL) in the state of Rhode Island, a person must first pass a skills and knowledge test based on the type of commercial motor vehicle (CMV) they will be driving. Rhode Island adheres to federal guidelines that provide for 3 classifications of CMVs: Class A: Any combination of vehicles that have a gross combination weight rating (GCWR) of 26,001 or ...
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  • Legal Defenses for Domestic Violence Allegations

    Being accused of domestic violence is a very serious allegation that can have severe repercussions if you end up being convicted. Domestic violence charges are especially worse for people who have allegedly committed abuse against their spouse and other members of their family. The Attorney General’s Office will not hesitate to prosecute these types of cases, which is why it is crucial to have ...
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  • What Are My Rights?

    What Are My Rights if I’m Stopped by Police? When you are arrested by law enforcement officers, it can be a frightening and stressful experience. Being accused of a crime a is tough situation to be in, which is why we want to help you avoid doing something that will only get you into more trouble. In this blog, we explain what your rights are when you get stopped by law enforcement. If you are ...
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  • DUI Tips to Remember This Memorial Day Weekend

    Holiday weekends like Memorial Day, tend to have increased traffic due to the amount of people traveling around. Families often go to activities like barbecues and social gatherings looking to have a fun and relaxing time. Because many of these functions offer alcoholic beverages, it is important to remember the dangers of driving drunk. With Memorial Day Weekend coming up, you should expect that ...
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  • Marijuana Laws in Rhode Island Explained

    Some states on the East Coast, including Maine and Vermont had marijuana legalization measures included on ballots for the 2016 election. Other states like Massachusetts and Maine were recently successful in their efforts to legalize marijuana. This year, it is likely that cannabis legalization will be added to the ballot and the chances of it passing look better now than before. Polling now shows ...
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  • False Accusations of Child Sexual Abuse: What Should You Do?

    Public awareness about the sexual abuse of children has gained more and more attention in recent years. Although we should take the necessary steps to ensure that children are protected from sexual abuse, not all reports of abuse have merit. In some situations, false allegations are intentionally made to discredit or harm the person being accused. This tends to happen during a contentious divorce ...
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  • Legal Defenses for Shoplifting Charges

    Although shoplifting is considered a misdemeanor crime, a conviction for this can have significant consequences that can impact your reputation and livelihood. Many people assume that shoplifting is a minor crime and the consequences will be minimal, however, shoplifting poses a serious threat to your freedom and personal finances. In addition to being charged with a crime, you can also be sued by ...
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  • What to Do if You Are Arrested for Drug Possession

    Illegal possession of controlled substances is of special concern to law enforcement. Being arrested for drug possession can have a devastating impact on your reputation and livelihood. Potential consequences of drug possession include: Jail Time Expensive Fines Probation Suspension of Your Driver's License You will also have a criminal record that will impact your future employment and career ...
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  • Sexual Assault Allegations: Next Steps

    A false allegation of sexual assault can be devastating. Unfortunately, there are a wide variety of circumstances and situations which can result in this terrifying scenario—such as consensual contact that is now being misclassified as sexual assault after the fact, malicious intent on the part of the alleged victim, or even being wrongly identified by an alleged victim. If you have been falsely ...
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  • What You Need to Know About Appealing Your Case

    An individual who has been convicted of a criminal offense has a number of options for seeking additional relief from the criminal justice system—which includes filing an appeal to have the conviction overturned or the sentenced reduced. In an appeal, the defendant (now known as the “appellant”) argues that the case should be dismissed or the appellant should be retried or resentenced—based on ...
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  • 5 Questions You Should Be Asking Your DUI Defense Lawyer

    So you’ve been arrested for drunk driving. Whether or not you are innocent, you will fare better throughout the administrative and criminal process with an experienced DUI lawyer on your side. So how do you find a qualified attorney? While you can ask for a referral from someone who has experienced the DUI process before, you can also obtain a referral from your local Bar Association. Many ...
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  • Why You Need an Attorney for Trespassing Charges

    According to Rhode Island state law, trespassing is defined as entering onto public or private property without authorization or permission to do so. This crime is considered a misdemeanor offense, which is punishable by a maximum jail sentence of one year and a fine of up to $1,000. A simple trespass conviction can result in a permanent criminal record. This can have lasting effects outside of ...
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  • What Happens if I Refuse to Take a Breathalyzer Test?

    Being pulled over for suspicion of drunk driving can be a challenging experience, especially when you do not know what the best method is to get out of legal trouble and are not sure of the laws. First and foremost, we encourage you to contact an experienced criminal defense lawyer to get the best possible help during your time of need. Understanding Implied Consent Law By mere possession of a ...
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  • Do I Need a DUI Lawyer if I Was Barely Over the Legal Limit?

    In Rhode Island, and every other state in the U.S., it is illegal to drive while intoxicated with a blood alcohol content (BAC) of .08% or higher. For drivers under 21, the law is even stricter; it is prohibited to drive with a BAC of over .02%. But what happens when you’re barely over the legal limit? Your breathalyzer machine may have been improperly calibrated or your blood test may have been ...
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  • How Long Will a Juvenile Crime Stay on My Child's Record?

    As a parent, an arrest is one of the worst things you can see happen to your child. A criminal record is not only embarrassing for a child, it can potentially affect their future employment and education, which can be devastating. However, unlike adult criminal records, juvenile records are much more protected from the public eye, especially in Rhode Island. Juvenile Criminal Records in Rhode ...
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  • Electronic Solicitation of a Minor: What You Need to Know

    Electronic solicitation (also known as online solicitation) of a minor involves a person over the age of 18 asking for, or participating in, a conversation with a minor with the intent of engaging in sexual conduct. This can happen through computer messages or other online mediums, such as text messages (sexting) or video chats. As you can imagine, sex crimes like electronic solicitation of a ...
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  • Can I Be Charged with a Crime for Accidently Starting a Fire?

    Arson can carry some pretty harsh penalties. Any person convicted of second degree arson in Rhode Island, in which significant destruction of property occurs, faces 2 to 20 years in prison. A conviction of first degree arson, in which a person is harmed or killed during the fire, carries a sentence of 5 years to life imprisonment. With that being said, not all fires are set on purpose. Accidents ...
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  • Falsely Accused of Domestic Violence: What Do I Do?

    On average, nearly 20 people are physically abused by an intimate partner every minute in the United States. Unfortunately, since it is so common, there are people who take advantage of this horrible statistic by falsely accusing others of domestic violence . Jealousy, anger and sadness can make people do stupid things, but a false accusation of domestic violence is so much more than that. A false ...
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  • When Does Domestic Violence Become a Felony in RI?

    Incarceration periods lasting longer than 1 year in a state prison Mandatory rehabilitation classes Probation Additionally, beyond the legal penalties of such a conviction, you will likely feel the effects of it in various other aspects of your life such as: The loss of gun ownership privileges (applicable to those who have a restraining order issued against them) The loss of custody or visitation ...
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  • Understanding Your Miranda Rights

    You have likely heard them on a television show or in movies and are aware that police officers must read you your Miranda rights when placing you under arrest, but not many of us understand exactly what they mean, or when these rights apply. It is crucial for every United States citizen to know their Miranda rights. A lack of understanding can make it easy for law enforcement officers to trample ...
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  • What Are the Penalties for Violating a No Contact Order?

    A no contact order prohibits contact between an individual against whom an allegation of domestic violence has been made and the person who made the allegation. If a no contact order were to be filed against you, you would be prohibited from contacting the complainant directly or indirectly, including social media like Facebook or Twitter. It is important to be in compliance with the no contact ...
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  • Can Police Search My House Without a Warrant?

    While many might not know all the intricacies and details of the Fourth Amendment, most are aware that it protects private citizens from unreasonable searches and seizures. If a police officer wants to search your home, he or she will need a warrant to do so. Otherwise, any of the evidence obtained during the illegal search will be thrown out and cannot be used against you in a court of law. ...
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