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Rhode Island Criminal Law Questions & Answers
3 Answers | Asked in Contracts, Criminal Law, Products Liability and Small Claims for Rhode Island on
Q: hello i have lost an $2200 camera that i rented whats going to happen to me ?
Thomas Briody
Thomas Briody
answered on Feb 13, 2019

If you truly lost the item, then you have most likely not committed a crime. However, you are responsible for the loss, and you will have to reimburse the person who loaned you the camera. That means you are most likely going to have to pay the value of the camera back.

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1 Answer | Asked in Criminal Law for Rhode Island on
Q: What is the penalty for conspiracy to theft
Neville Bedford
Neville Bedford
answered on Jan 29, 2019

TO theft. . . so many ways to theft. . . here is a link to the general laws to assist in your exploration of same:

http://webserver.rilin.state.ri.us/Statutes/TITLE11/11-41/INDEX.HTM

1 Answer | Asked in Criminal Law for Rhode Island on
Q: Hi. 11- 5- 16 Assault on a health care provider.still a felony? Also a person over 60 with b/I a felony assault also.
Thomas Briody
Thomas Briody
answered on Dec 30, 2018

Yes and yes. Both felonies, but there are intent requirements ( knowing and willful, for health care providers, for example).

1 Answer | Asked in Criminal Law, Constitutional Law and Legal Malpractice for Rhode Island on
Q: What are the specific elements that must be proven? Can the principal be convicted by aiding and abetting?

Defendant was arrested as the principal, (the one who assaulted the victim with the weapon:shod foot). No conspiracy charge or codefendants. Can the judge issue an aiding and abetting jury instruction at trial?

Thomas Briody
Thomas Briody
answered on Dec 24, 2018

Depends on the facts. In some circumstances, am aiding and abetting charge would be appropriate. You need to consult with an experienced criminal lawyer.

1 Answer | Asked in Criminal Law for Rhode Island on
Q: is it illegal to spit on someone or throw an item at them
Thomas Briody
Thomas Briody
answered on Nov 26, 2018

Yes. It could be considered an assault. Depending on several factors, either one could be a misdemeanor or a felony.

1 Answer | Asked in Criminal Law for Rhode Island on
Q: My 17 year old autistic Son was falsely arrested for carrying a gun. There was no gun

Person that called has done so before to us/ others falsly. We have a restraining order against the family so they had that 25 yr old son do it.They arrested him anyway Police wrote that he fought with police, resisted arrest. We have videos and many witnesses. He never spoke a word.Made formal... Read more »

Gary Kollin
Gary Kollin
answered on Oct 23, 2018

How do you define good attorney?

Are you a good attorney? Legally, you cannot represent him.

1 Answer | Asked in Criminal Law for Rhode Island on
Q: so if you was unaware what was going to happen and couldn't stop it what can be done.

she was there but didn't know that was going to happen what can be done. she recently got locked up.

Gary Kollin
Gary Kollin
answered on Oct 15, 2018

This makes no sense

1 Answer | Asked in Criminal Law for Rhode Island on
Q: In a first degree robbery if they got no weopon is it still a first degree in trail

Trial

Thomas Briody
Thomas Briody
answered on Sep 14, 2018

The prosecution does not have to introduce a weapon into evidence to obtain a first degree robbery conviction. If there is testimony or some other evidence that a weapon was used, that should be enough, as long as guilt is established beyond a reasonable doubt.

1 Answer | Asked in Criminal Law and Elder Law for Rhode Island on
Q: My attorney has ignored my emails,phone calls, even 2 certified letters for 2 yrs now. 6+ yr case, what do I do?

I expressed if he did not want to handle this case to surrender with no pay so I can hire another attorney in 2 certified letters sent to both his locations and he never responded. I gave him no money and he quoted when I hired him “ if I don’t win this case, you pay me nothing” he passed on... Read more »

T. J. Jesky
T. J. Jesky
answered on Sep 8, 2018

My gosh, do you need to be hit by lightning first? Do you think if you wait another year, this attorney will wake-up and call you? It does not sound that you signed an engagement letter with this attorney. To determine if you have a malpractice case against this attorney, would depend on the... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Rhode Island on
Q: Can someone have 2 NCO’s against the same person in the same state? This is in RI.

Can one individual have 2 NCO’s against the same individual in Rhode Island??

Thomas Briody
Thomas Briody
answered on Aug 22, 2018

If you have not been charged by information or indictment in the superior court within six months of your first appearance in district court, your attorney can move to have the district court complaint dismissed. But that does not mean your case is over. The Attorney General can still file an... Read more »

1 Answer | Asked in Criminal Law for Rhode Island on
Q: What are and aren't undercover drug cops allowed to do/say?
Thomas Briody
Thomas Briody
answered on Jul 30, 2018

There is no simple answer. The law on entrapment is complex. In general, an officer cannot improperly induce someone to commit a crime. But it’s not illegal to offer the opportunity or chance to commit a crime. Example: “Wanna buy these drugs?” That’s okay.” “If I don’t get... Read more »

1 Answer | Asked in Criminal Law for Rhode Island on
Q: The police didn't allow me to call my lawyer after being arrested for several hours. Can I sue them for that?
Neville Bedford
Neville Bedford
answered on Jul 5, 2018

Talk to your lawyer. They will be in the best position to advise you after they have completed discovery.

1 Answer | Asked in Criminal Law for Rhode Island on
Q: I was assaulted in the dark outside my apartment and did not see the attacker and accused my boyfriend after he found me

I made attempts to clear his name but no one returned my calls. Over a year later he was arrested because of a warrant we weren't aware of over this matter and a no contact order is now in place. What is the likelihood that I could be in trouble for giving a false statement to the police? I... Read more »

Thomas Briody
Thomas Briody
answered on Jun 18, 2018

You need a meeting in private with an attorney. So does your boyfriend. Domestic violence cases have a high frequency of victims who recant their original statement to the police, and a prosecutor is not going to just dismiss the charge without some additional investigation. You are correct that... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Rhode Island on
Q: How do I find out if there is still a restraining order in place again someone charged with child molestation

I am the victim don't remember how long the restraining order

Neville Bedford
Neville Bedford
answered on Jun 11, 2018

You may find the information you seek on the public portal. https://publicportal.courts.ri.gov/PublicPortal/

1 Answer | Asked in Criminal Law for Rhode Island on
Q: I got convicted of theft. How will this affect my child custody rights?
Neville Bedford
Neville Bedford
answered on Jun 9, 2018

Depending on the nature of the theft(i.e. violence), your child's other parent may have some concerns. Retain an attorney to advocate for your parental rights should this arise in the family court.

1 Answer | Asked in Criminal Law for Rhode Island on
Q: I got caught shoplifting in 2003 and then got caught 15 years later will i go to jail?
Neville Bedford
Neville Bedford
answered on Jun 9, 2018

A lot will depend on the nature of the particular charges. Speak with your attorney only and do not discuss the case on the internet or anywhere else except with your attorney.

1 Answer | Asked in Criminal Law for Rhode Island on
Q: Is the decriminalization of minor marijuana possession in Rhode Island retroactive if the conviction happened before the

law was in effect?

Neville Bedford
Neville Bedford
answered on May 27, 2018

Probably not - unless the law itself specifies a retroactive date. It does not appear to.

See:

TITLE 21

Food And Drugs

CHAPTER 21-28

Uniform Controlled Substances Act

ARTICLE 21-28-4.01

http://webserver.rilin.state.ri.us/Statutes/TITLE21/21-28/21-28-4.01.HTM

2 Answers | Asked in Criminal Law for Rhode Island on
Q: Should you turn yourself in for wanted in questioning to the police station that you are wanted at or courthouse ?
Thomas Briody
Thomas Briody
answered on May 4, 2018

Not without an attorney! If the police are looking for you in order to "question" you, the best thing you can do is to contact a lawyer. If there is a warrant, the attorney can accompany you to surrender, and make sure that the police do not question you. If you cannot afford a lawyer,... Read more »

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1 Answer | Asked in Criminal Law for Rhode Island on
Q: If I hurt my attacker as a measure of self-defense, is the DA still allowed to file criminal charges against me?
Thomas Briody
Thomas Briody
answered on Apr 23, 2018

It depends on the specific facts. Self defense works only when one us reasonable force in response to a threat. It’s a fact intensive inquiry. You should speak directly and in private with a lawyer.

1 Answer | Asked in Criminal Law for Rhode Island on
Q: I was charged with position of alcohol as a minor at 17 I am now 18 what am I looking at in terms of trouble

this is also my first offense no prior's other than a speeding ticket

Allison Abilheira
Allison Abilheira
answered on Mar 28, 2018

The answer to this question depends upon where you are being required to go to court. If you are required to go to District Court- you have been charged with a misdemeanor. You will face a fine of one hundred fifty dollars ($150) to seven hundred fifty dollars ($750), community service, and a... Read more »

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