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Rhode Island Criminal Law Questions & Answers
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... View More

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2 Answers | Asked in Criminal Law for Rhode Island on
Q: Can a officer place me under arrest because my friend is recording them?
Thomas Briody
Thomas Briody
answered on Jul 31, 2019

An officer can place you under arrest if he/she/they has probable cause to believe that you committed a crime, or if there is a warrant for your arrest. Whether that arrest is legally supportable depends on the specific facts of the case. What you have described does not sound like a basis for... View More

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2 Answers | Asked in Criminal Law and Family Law for Rhode Island on
Q: My ex was emotionally abusive. I am being treated for PTSD, Depression and Anxiety. Can I sue for emotional damage?

It is 12 years later, he threatened me into selling my own house to get the equity, he broke into my house and yelled at me to sell it. He has alienated my three children from me, I sold the house, he didn't like the amount I was getting, he filed a restraining order against the sale. I... View More

Gary Kollin
Gary Kollin
answered on Jul 24, 2019

I doubt any attorney would take this case on a contingency fee basis.

Also what is the likelihood of recovering money should you get a judgment?

Those are my observations

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1 Answer | Asked in Criminal Law for Rhode Island on
Q: In RI, what are the possible punishments being faced for domestic felony assault and domestic disorderly conduct?
Thomas Briody
Thomas Briody
answered on Jul 3, 2019

Domestic felony assault is punishable by up to 20 years if there is serious bodily injury. For assault that doesn’t qualify for serious bodily injury, the penalty is up to six years. Disorderly conduct is a misdemeanor, typically punishable by no more than one year in jail. There are many... View More

1 Answer | Asked in Criminal Law for Rhode Island on
Q: Someone recorded without my knowledge a conversation we were having showing it to my manager can I pursue legal action?

The man recorded through secret video me and his conversation about another employee failing to perform his duties in which i used profane language and then sent it to my boss unprompted simply to hurt my chances of raise or promotion.

Thomas Briody
Thomas Briody
answered on Jun 1, 2019

Rhode Island is a one party consent state. That means if one party consents to a recording, it’s legal. So the person who recorded you has not violated your rights. There may be some other behavior on his/her part that may give rise to a claim, but more information is needed.

You have...
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1 Answer | Asked in Criminal Law for Rhode Island on
Q: What can I do if a search & seizure warrant was returned 22 days after it was executed? In RI should be returned in 14.
Neville Bedford
Neville Bedford
answered on May 14, 2019

Your attorney should be able to explain the impact of this http://webserver.rilin.state.ri.us/Statutes/TITLE12/12-5/12-5-3.HTM

1 Answer | Asked in Criminal Law and Traffic Tickets for Rhode Island on
Q: On a residential road can a police officer give you a ticket for Reasonable and prudent speed?
Thomas Briody
Thomas Briody
answered on Apr 15, 2019

Yes. The law requires you to keep reasonable and prudent speed all the time. Of course, whether you ultimately kept a reasonable speed is up to a judge. So while the officer can issue the citation, you can contest it.

1 Answer | Asked in Criminal Law and Domestic Violence for Rhode Island on
Q: What are my rights for getting help to relocate die to my son's father attacking me in my home and as result I have been

Put on a DV safe house with my son how can I get help to get another apartment since the attack happens at old one

Neville Bedford
Neville Bedford
answered on Mar 27, 2019

Work with you advocates at the DV safe house to continue your safety plan. Work with your attorney to establish sole custody to enable you to relocate.

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... View 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... View 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... View 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... View 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... View More

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