Questions Answered by Thomas Briody

Q: hello i have lost an $2200 camera that i rented whats going to happen to me ?

2 Answers | Asked in Contracts, Criminal Law, Products Liability and Small Claims for Rhode Island on
Answered on Feb 13, 2019
Thomas Briody's answer
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.

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.

1 Answer | Asked in Criminal Law for Rhode Island on
Answered on Dec 30, 2018
Thomas Briody's answer
Yes and yes. Both felonies, but there are intent requirements ( knowing and willful, for health care providers, for example).

Q: What are the specific elements that must be proven? Can the principal be convicted by aiding and abetting?

1 Answer | Asked in Criminal Law, Constitutional Law and Legal Malpractice for Rhode Island on
Answered on Dec 24, 2018
Thomas Briody's answer
Depends on the facts. In some circumstances, am aiding and abetting charge would be appropriate. You need to consult with an experienced criminal lawyer.

Q: How do I get my fiancé out of something that shouldn’t have happened and got arrested for domestic

1 Answer | Asked in Domestic Violence for Rhode Island on
Answered on Dec 23, 2018
Thomas Briody's answer
You (or he) needs an aggressive attorney. If you are the complaining witness, you can cooperate with that attorney and let the prosecutor know that you do not wish to go forward with any charges. Sorry I cannot be more specific, but this question requires more details about the facts. Good luck to you.

Q: is it illegal to spit on someone or throw an item at them

1 Answer | Asked in Criminal Law for Rhode Island on
Answered on Nov 26, 2018
Thomas Briody's answer
Yes. It could be considered an assault. Depending on several factors, either one could be a misdemeanor or a felony.

Q: In a first degree robbery if they got no weopon is it still a first degree in trail

1 Answer | Asked in Criminal Law for Rhode Island on
Answered on Sep 14, 2018
Thomas Briody's answer
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.

Q: Can someone have 2 NCO’s against the same person in the same state? This is in RI.

1 Answer | Asked in Criminal Law and Domestic Violence for Rhode Island on
Answered on Aug 22, 2018
Thomas Briody's answer
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 information or obtain an indictment after the complaint is dismissed. That's the reality. The only limit on bringing back the charges would be the statute of limitations, which is typically several...

Q: What are and aren't undercover drug cops allowed to do/say?

1 Answer | Asked in Criminal Law for Rhode Island on
Answered on Jul 30, 2018
Thomas Briody's answer
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 someone to buy these drugs, my source is going to kill me because I owe him money.” That’s not okay. The key is in the details. Police officers are not permitted to induce someone to commit a...

Q: I was assaulted in the dark outside my apartment and did not see the attacker and accused my boyfriend after he found me

1 Answer | Asked in Criminal Law for Rhode Island on
Answered on Jun 18, 2018
Thomas Briody's answer
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 there is a risk that you could be charged with making a false statement, but there is more to this. An attorney can help the both of you. Get in to see someone as soon as possible.

Q: never been in any legal problems but now the police press charges for a small. Stab wound am i going to a felonyforthis?

2 Answers | Asked in Domestic Violence for Rhode Island on
Answered on Jun 1, 2018
Thomas Briody's answer
It could be a felony. The fact you have ‘never been in trouble’ before is relevant at sentencing, but not in the decision to charge you. You need to have a private discussion with a lawyer who you retain to defend you and explore ways to defeat the charge or mitigate any punishment. I hope my answer helps. Good luck.

Q: Hello my father my grand farther We’re just involved in a domestic violence incident

2 Answers | Asked in Domestic Violence for Rhode Island on
Answered on May 12, 2018
Thomas Briody's answer
You cannot ‘drop’ charges once the police file them. You can help your father by getting him a lawyer who can work with the prosecutor and make sure that he or she knows you were not injured and you don’t want to go forward. An experienced lawyer will make a big difference here, but you need to act NOW. Don’t wait and try to fix it yourself. Good luck.

Q: Should you turn yourself in for wanted in questioning to the police station that you are wanted at or courthouse ?

2 Answers | Asked in Criminal Law for Rhode Island on
Answered on May 4, 2018
Thomas Briody's answer
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, you should say nothing to the police other than "I want to speak to a lawyer before any questioning." In other words, you have a right to remain silent, and you should use that right until you get appropriate...

Q: If I hurt my attacker as a measure of self-defense, is the DA still allowed to file criminal charges against me?

1 Answer | Asked in Criminal Law for Rhode Island on
Answered on Apr 23, 2018
Thomas Briody's answer
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.

Q: I was found not guilty om domestic charges. However i was the victim. Can i press charges on her on that same crime?

1 Answer | Asked in Domestic Violence for Rhode Island on
Answered on Apr 9, 2018
Thomas Briody's answer
You can try. Without the facts, it’s hard to say if you will be succeed. If you were found not guilty, it doesn’t mean you you didn’t do it. It means the prosecutor couldn’t prove it. That’s the same burden the prosecutor faces in a new case. You might want to have a private consultation with a lawyer. Don’t try to explain it here. Good luck.

Q: What is the max sentence you can get on a domestic simple assault and domestic disorderly conduct misdemeanor charges.

1 Answer | Asked in Domestic Violence for Rhode Island on
Answered on Apr 7, 2018
Thomas Briody's answer
The penalty is up to a year in jail and counseling if you have no prior domestic convictions. You really need to engage a lawyer in private to discuss defenses or alternatives. Good luck to you.

Q: I was involved in a domestic relationship when I was pregnant he put his hands on me and was controlling I never report

1 Answer | Asked in Domestic Violence and Family Law for Rhode Island on
Answered on Apr 2, 2018
Thomas Briody's answer
It’s not too late. But you need to consult with a family law attorney. If he is the father of your child, you stills have the right to mak the court aware of his behavior and to ask for limits or restrictions on visitation with your child. You should contact a lawyer ASAP. Good luck.

Q: What's the quickest way to drop a DUI charge in RI?

2 Answers | Asked in DUI / DWI for Rhode Island on
Answered on Apr 2, 2018
Thomas Briody's answer
You need an attorney. Without specific details, there is no simple solution. DUI can be very difficult. Get into the office of an experienced attorney. Good luck to you.

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