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Rhode Island Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Rhode Island on
Q: Can a 48a dismissal be re opened? is it legal?

I had a case simple assault/domestic case that was dismissed (48a) at trial. somehow it was later reopened months later and I was arrested again on the same exact charge. I took it to trial and was found not guilty. I also tried to remove it from my record and it still shows.

Neville Bedford
Neville Bedford
answered on Mar 31, 2021

Talk to your attorney in private to explore your options. Your attorney will know all of the appropriate steps to ensure the expungement/seal process is completed properly.

1 Answer | Asked in Criminal Law, Personal Injury, Products Liability and Legal Malpractice for Rhode Island on
Q: I have a GPS monitor on. It has caused permanent damage to my ankle. Can I sue for damages?

I'm on Interstate Parole. I had a violation and had to go back and serve 90 days. Upon release and arrival back to Rhode Island, a GPS monitor was attached. The first time I had a monitor, it was for 90 days. I did not get any marks then.

However, it has been six months since I... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 23, 2021

I'm not hearing you had medical treatement. Until you get it there is no record showing you have anything caused by the monitor. Once you have that you can ask to have it switched to the other ankle or made so that you can work a sock in between the brace and your ankle.

You should...
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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... View 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... View 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... View More

1 Answer | Asked in Criminal Law for Rhode Island on
Q: My husband contact police due to being assulted on home confinement and that was considered as having police involvement

What is going to happen with him and will he stay in jail for this situation that isn't his fault what so ever. Help me please I don't know what to do about it in my own.

Neville Bedford
Neville Bedford
answered on Aug 13, 2020

It is very nice that you obviously love and care about your husband. You should avoid speaking about this matter and encourage him to consult privately and confidentially with his attorney so they may present their best defenses to the court, where the judge will decide the gravitas of this... View More

1 Answer | Asked in Criminal Law, Divorce and Family Law for Rhode Island on
Q: Is it ok for someone to dye your 6 yr old child’s hair

My wife and her family decided to dye my child’s hair....My wife is not telling the truth and has my child lying also....This is in R.I.....BTW my wife has DCYF on her case because she drinks and urine(s) came back dirty..

Neville Bedford
Neville Bedford
answered on Jul 6, 2020

Meet with your attorney and prepare to present this to the court. Bring all of the impeaching evidence you have to help your attorney expose these lies along with copies of the prior court orders, if any, that prohibit hair dying. DCYF will also likely be interviewing you if they are following up... View More

1 Answer | Asked in Family Law, Criminal Law and DUI / DWI for Rhode Island on
Q: If there was any way I wanted to find an arrest record on my father how would I go about doing that?

I know he kidnapped me, and I would like the record of that, but I also know he was arrested for something regarding a machete and I would like to either be able to read it or something.... possibly to get another restraining order but not sure yet. He contacted me after a while because I sent him... View More

Neville Bedford
Neville Bedford
answered on May 15, 2020

Contact a lawyer to assist you. They have access to court documents. It sounds like you could benefit from some advocacy and professional assistance.

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Gov & Administrative Law for Rhode Island on
Q: I'm a resident of r.i. with out of state plates on my vehicle...how can I keep my plates in r.i.

Summons: 20001504065

Neville Bedford
Neville Bedford
answered on Apr 15, 2020

It's difficult to discern what you are asking exactly. As a RI resident, you should be able to register your vehicle in RI(and are generally required to do so). If you are going to court, bring proof of your RI registration and residence. see... View 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.

John  Larochelle
PREMIUM
John Larochelle
answered on Mar 10, 2020

You should follow through with your plan to hire an attorney. It’s important that you present a strong defense with an effective presentation of the evidence that demonstrates you were not the aggressor.

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1 Answer | Asked in Criminal Law, Car Accidents and Juvenile Law for Rhode Island on
Q: I am a 17 year old with a provisional license that is being convicted of a hit and run of an unattended vehicle.

I want to know what would happen because I was never aware of hitting that vehicle. I do remember driving that street that was very loud, narrow and full of wrongly parked cars everywhere

Neville Bedford
Neville Bedford
answered on Feb 17, 2020

Talk to your lawyer about making restitution and negotiating a more palatable resolution. Not remembering is likely not your best defense, especially if there is a credible witness who does. Hitting parked cars is not generally excused, even when they are "wrongly parked"

1 Answer | Asked in Civil Rights, Landlord - Tenant and Criminal Law for Rhode Island on
Q: Can I put my boyfriend on the lease for low income housing if we have a NCO? Will the landlord for low income find out?

So the police put a NCO on him because he hit me and now he has a felony. Now we are getting along and he is helping out with my kids. I got accepted into housing and want to add him on my lease so I don’t get in trouble when he’s there all the time. The landlord for low income housing needs... View More

Neville Bedford
Neville Bedford
answered on Jan 22, 2020

You may want to go to the court to explain to the judge that you wish to have the NCO dropped to enable you to enjoy cohabitation and co-parent. If you just really need help with the kids and you are, in fact still in fear of imminent harm that supports a NCO, then you should probably seek the... View More

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... View 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: If a victim in a Domestic violence does not follow up with the complaint. Can the State presume with the charges.

The victim in this case does not want to proceed with the charges filed in this complaint. It is a third offense Domestic. She just wants the case to end and resolve her issues with her husband. She does not want anything done to her husband. They are charging him with 3rd offense Domestic. He has... View More

Neville Bedford
Neville Bedford
answered on Dec 12, 2019

tHEy should 1) Retain legal counsel, 2) Stop whatever behavior has caused law enforcement to charge (and convict) tHEm of domestic violence. 3) Hire a lawyer, 4) speak only to that lawyer(Not on any open internet question board) to protect his 5th amendment rights. The victim may also want to... View More

1 Answer | Asked in Criminal Law and Small Claims for Rhode Island on
Q: My now ex girlfriend is refusing to give me my paychecks that were set up to be direct deposited into her account.

She is saying because I owe her money, which I admit I do. However we made an aggreement of $300/month towards what I owe her. Now she wont give me any of my checks. What can I do?

Neville Bedford
Neville Bedford
answered on Oct 23, 2019

Locate the signed copy of the agreement you wrote for the $300 a month repayment of the loan.

File it with your case in the small claims court, IF the total amount is less than $2500

see:...
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1 Answer | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Rhode Island on
Q: I have a friend who was 16 years old when he got a 14 year old pregnant. Can he get in trouble now that he’s an adult?

No statue of limitations and it’s been 4 years 5 months

Gary Kollin
Gary Kollin
answered on Oct 9, 2019

Depends on the statute of limitations and how much time has passed

1 Answer | Asked in Criminal Law, Family Law and Civil Rights for Rhode Island on
Q: Is it okay for my 14 yr old to be walking around at 10pm in Cranston ri
Neville Bedford
Neville Bedford
answered on Sep 16, 2019

Assuming you are the parent, and you have given your child permission to walk (to unknown destination? Friends house - ? Food Hut? Dunkin? ), then it should be OK. If you have not given your child permission and they are Walking (running away), call the police. Some parts of Cranston are more... View More

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.

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... View More

Gary Kollin
Gary Kollin
answered on Sep 4, 2019

You wrote further detail on AVVO. You could subject yourself to possible prosecution.

The phone calls from the jail may be recorded

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