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Questions Answered by Thomas Briody
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: 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 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: 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 »

2 Answers | Asked in Domestic Violence for Rhode Island on
Q: never been in any legal problems but now the police press charges for a small. Stab wound am i going to a felonyforthis?
Thomas Briody
Thomas Briody answered on Jun 1, 2018

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... Read more »

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2 Answers | Asked in Domestic Violence for Rhode Island on
Q: Hello my father my grand farther We’re just involved in a domestic violence incident

My father my grandfather were just involved in a domestic violence incident where my dad restrained him because he came after My Dad and I got out a hand my dad is on probation He is on probation but he’s been doing so good the last three years his fines almost paid off he’s on unsupervised... Read more »

Thomas Briody
Thomas Briody answered on May 12, 2018

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... Read more »

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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 Domestic Violence for Rhode Island on
Q: I was found not guilty om domestic charges. However i was the victim. Can i press charges on her on that same crime?
Thomas Briody
Thomas Briody answered on Apr 9, 2018

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... Read more »

1 Answer | Asked in Domestic Violence for Rhode Island on
Q: What is the max sentence you can get on a domestic simple assault and domestic disorderly conduct misdemeanor charges.

I leant my daughter money to pay her rent for a few months a couple years ago. She promised to pay it back with this income tax return, when she txd me the day before to come in the morning, we got into a tif about the amount. So I got to her house around 10 am she asked only I come up and not... Read more »

Thomas Briody
Thomas Briody answered on Apr 7, 2018

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.

1 Answer | Asked in Domestic Violence and Family Law for Rhode Island on
Q: I was involved in a domestic relationship when I was pregnant he put his hands on me and was controlling I never report

That was about 1 1/2 years ago and now he's. Sending me to court to see my daughter is it to late to report it I don't feel safe with him seeing my daughter

Thomas Briody
Thomas Briody answered on Apr 2, 2018

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.

2 Answers | Asked in DUI / DWI for Rhode Island on
Q: What's the quickest way to drop a DUI charge in RI?
Thomas Briody
Thomas Briody answered on Apr 2, 2018

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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