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Questions Answered by Thomas Briody
1 Answer | Asked in Criminal Law and Federal Crimes for Rhode Island on
Q: Can I get charged for a felony by helping a detective retrieve a stolen firearm
Thomas Briody
Thomas Briody
answered on May 18, 2022

Depends on the circumstances in which you “helped.” It’s not automatic, but gun offenses are treated harshly in Rhode Island. You need to speak directly and privately with an attorney.

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Rhode Island on
Q: i was wondering if a non violent felon can own a non-lethal weapon in the state of rhode island? the felony charges were

15 years ago.

Thomas Briody
Thomas Briody
answered on Mar 2, 2022

Felons cannot possess a firearm. I am not sure what you mean by ‘non lethal.’ A baseball bat can be lethal, but there is no law against possessing one. Knives are also lethal, but you can possess one in most circumstances. Maybe you should consult a lawyer in private, and be more specific... Read more »

2 Answers | Asked in Criminal Law for Rhode Island on
Q: If I haven’t been formally charged I believe I am innocent and Can prove it can I file for a review and how
Thomas Briody
Thomas Briody
answered on Feb 23, 2022

If you have not been charged, there is nothing to prove. The burden is always on the state to prove guilt. But that is not the end of the inquiry. If you think police are considering charging you, but believe you have evidence that will help convince them that charges are not warranted, you need... Read more »

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1 Answer | Asked in Civil Rights for Rhode Island on
Q: During a traffic stop, is the passenger in a car legally COMPELLED to give their ID to an officer if asked?

I'm under the impression that the only time one is required to give ID during a traffic stop is if you're the driver, OR if the police officer has a reasonable, articulable suspicion that you've committed a crime, or are in the process of committing a crime.

Thomas Briody
Thomas Briody
answered on Feb 19, 2022

In general you are correct. But an officer doesn’t have to furnish you with a reason when he/she/they ask for your ID. Whether the officer has an articulable suspicion is usually evaluated after the fact by a judge or jury. Nothing prevents you from asking why the officer wants ID. But use... Read more »

2 Answers | Asked in Civil Rights and Criminal Law for Rhode Island on
Q: Is it excessive force if the police cause me to get stitches
Thomas Briody
Thomas Briody
answered on Oct 27, 2020

It might be. But it’s the details that matter. You need to speak to a lawyer. Call one.

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2 Answers | Asked in Criminal Law and Domestic Violence for Rhode Island on
Q: How does my boyfriend get the charges dropped?

Long story short my boyfriends grandmother was harassing and yelling at him to pick up two small stones of concrete. He told her to stop giving an attitude or he was not going to do so. She continued to follow him around the yard, as he opened my car door she then pulled my door back, pushed him... Read more »

Thomas Briody
Thomas Briody
answered on Sep 30, 2020

Domestic charges are serious and potentially a felony depending on the grandmother’s age. Your boyfriend needs a lawyer. It may be possible to get the charges dropped, but there is no ‘one size fits all’ answer. Please contact and retain an attorney. Don’t try to do this alone. I hope... Read more »

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1 Answer | Asked in Criminal Law, Federal Crimes and Real Estate Law for Rhode Island on
Q: If a person has been nominated to be executor of will, steals estate from beneficiary is it criminal.

A prior will has been submitted with different executor. The other nominee has already stolen all property and is trying to sell a house under beneficiary's nose and keep everything. Is this a crime or it it a civil issue?

Thomas Briody
Thomas Briody
answered on Sep 28, 2020

This is a trusts and estates issue. It may be civil in nature, but if you are alleging theft, there may be a criminal element to it. You should find a civil litigator who has experience or knowledge about contesting a will or challenging the distribution of assets from an estate. From the way... Read more »

1 Answer | Asked in Domestic Violence for Rhode Island on
Q: How do authorities know of no contact order voilations? Is it only if I share the evidence or do they search their phone
Thomas Briody
Thomas Briody
answered on Sep 6, 2020

They know because of a complaint, or a text message, or an email, or because of a witness.... or many other reasons. There is no one answer. If you say there is a violation, that may be enough. If there is a voicemail, the police will want to listen to it. If you have a restraining order... Read more »

1 Answer | Asked in Civil Rights for Rhode Island on
Q: I have been denied a gun purchase in the state of Rhode Island

I have nothing on my record that I know of that would prevent me from getting a handgun. Only thing I can think of is I have my medical marijuana card issued to me by the state.

**sorry I don’t know how to reply to your message. I haven’t been able to get a hold of Pawtucket BCI yet but... Read more »

Thomas Briody
Thomas Briody
answered on Mar 28, 2020

Well, there must be a reason for the denial. Did you ask? Have you had a BCI check run with the Department of Attorney General or a police department? I believe the governor has extended the waiting period for gun purchases. I suggest that you directly inquire why your request was denied. If... Read more »

1 Answer | Asked in Criminal Law for Rhode Island on
Q: Do out of state officers email people for questioning

Delete

Thomas Briody
Thomas Briody
answered on Mar 12, 2020

You should call and meet with a lawyer. This is not something you should blindly inquire about online. You will want an experienced criminal lawyer.

2 Answers | Asked in Criminal Law and Domestic Violence for Rhode Island on
Q: I got in an argument with my ex. He strangled me and upon trying to get him off I scratched him. I got arrested.

I would like to hire an attorney but I am looking at being fired because I have had to miss so much time at work to go to court. I have not one thing on my record and have had 2 restraining orders on him in the past. I dont understand how they cannot see that I was not the aggressor.

Thomas Briody
Thomas Briody
answered on Mar 10, 2020

You are right-- you need an attorney. I understand why you feel the way that you do. But the fact is you have been charged. The police are often trained to look at the people involved in a domestic dispute. When there is visible evidence of injury, the police are required to charge someone.... Read more »

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1 Answer | Asked in Domestic Violence for Rhode Island on
Q: How can the victim dismiss a domestic violence charge?

If I regret my decision to call the cops and believe I have no evidence against the defendant who wants to take it to trial what is the smoothest way for me to have the case dismissed? I just want it to be over and not backfire on me.

Thomas Briody
Thomas Briody
answered on Feb 16, 2020

The victim cannot dismiss a charge. The victim can communicate, however, that he/she does not wish to go forward. That may lead to a dismissal, depending on the facts. You should discuss this matter with a lawyer before you do anything in order to avoid any issues.

1 Answer | Asked in Domestic Violence and Criminal Law for Rhode Island on
Q: Domestic violence

So I was 8 months pregnant when my boyfriend hit me because we had just broke up. He made me so emotional because I was at the end of my pregnancy and he left me for someone else. But after he hit me I called the cops and they arrived 5 minutes later. But he was not at the scene. The police decided... Read more »

Thomas Briody
Thomas Briody
answered on Jan 21, 2020

Don’t lie for him. The felony on his record is not your fault. It’s not your job to ‘get it off his record.’ You could benefit from some private legal consultation. Even if you are now on good terms, there is no real excuse for striking a woman, much less one who is 8 months pregnant.

1 Answer | Asked in Criminal Law for Rhode Island on
Q: I have a case that was dismissed for lack of prosecution and then out if the blue it was filed again. What can I do ?

Is there a Ruke I can file under motion to stay the first dismissal as the case was charged as a felony and it should have been civil as their was no criminal intent.

Thomas Briody
Thomas Briody
answered on Sep 10, 2019

Yes, in many cases you can be charged again after the original complaint was dismissed. As long as the statute of limitations has not run, the charges can be brought again. You should hire an experienced lawyer to respond and defend you. Good luck.

1 Answer | Asked in Domestic Violence for Rhode Island on
Q: My roommate and I both got charged with domestic assault. What is the best way to plead in court so I dont loose my job?

I have a clean record and need this expunged

Thomas Briody
Thomas Briody
answered on Sep 8, 2019

I am sorry for your situation. Domestic crimes are viewed very cautiously by judges and prosecutors. The penalties are more severe, usually requiring batterers intervention classes for six months. Domestic cases are also harder to seal or expunge, and the wait before expungement is longer. It... Read more »

2 Answers | Asked in Contracts, Landlord - Tenant, Criminal Law and Domestic Violence for Rhode Island on
Q: My bf isn’t on my lease but just wants me to write in his name? Will they contact the landlord?

My bf is being charged with B&E after a dumb argument we had in my apartment. He isn’t technically on my lease, but he does pretty much live with me. He is asking me to write in his name on the lease I do have, without telling the landlord. Is this illegal? If I do do this( will they contact... Read more »

Thomas Briody
Thomas Briody
answered on Sep 4, 2019

You are smart to ask this question, and your boyfriend's attempt to "fix" the lease is, to be charitable, very foolish. Don't do it. If this case was charged as a domestic B and E, you should not even be in contact with your boyfriend unless and until the no contact order is... Read more »

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1 Answer | Asked in Contracts, Criminal Law, Domestic Violence and Federal Crimes for Rhode Island on
Q: Can my boyfriend be charged with B&E if he is on my lease?

I had a bad argument with my boyfriend while drunk one night, which resulted in me telling him to leave and calling the police. He has been charged with B&E, however he is on my rental lease. He can not afford a lawyer at this time, so he has decided to go with a public defender. He had court... Read more »

Thomas Briody
Thomas Briody
answered on Sep 3, 2019

Cooperate with the attorney. Public defenders do a terrific job, and should follow through with their own investigation. The Rhode Island public defender has its own investigators. You can also communicate to the Attorney General that you do not wish to go forward with any complaint against your... Read more »

1 Answer | Asked in Civil Rights for Rhode Island on
Q: I allowed my sister to stay with me. But now she wont leave. And she isnt paying her share of the house expenses.

She has lived here for a year and 8 months.

Thomas Briody
Thomas Briody
answered on Sep 1, 2019

This really is not a civil rights question. But if the house is yours, and she has no ownership interest such as a lease has paid rent, you can probably get a trespass order from the police. Be careful about what you’re doing here. Your sister is still going to be your sister.

2 Answers | Asked in Criminal Law for Rhode Island on
Q: In RI what does 48a dismissal filed mean?
Thomas Briody
Thomas Briody
answered on Aug 6, 2019

It means that the charge lodged against the defendant has been dismissed. "48a" is a reference to the Rule of Criminal Procedure that deals with dismissal of charges. Hope this answer is helpful to you.

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2 Answers | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Juvenile Law for Rhode Island on
Q: The court placed a restraining order against my boyfriend and I because we're 17 and 34 but he has committed no crime
Thomas Briody
Thomas Briody
answered on Aug 5, 2019

I don't see a question here. However, you are a minor, and if you are living at home, your parents are going to have a say as to who can come to their house. And while I understand that affairs of the heart can cause people to do and say many things, a judge is going to be very skeptical... Read more »

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