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Questions Answered by Thomas Briody
1 Answer | Asked in Civil Rights for Rhode Island on
Q: I allowed my sister to stay with me. But now she wont leave. And she isnt paying her share of the house expenses.

She has lived here for a year and 8 months.

Thomas Briody
Thomas Briody
answered on Sep 1, 2019

This really is not a civil rights question. But if the house is yours, and she has no ownership interest such as a lease has paid rent, you can probably get a trespass order from the police. Be careful about what you’re doing here. Your sister is still going to be your sister.

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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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 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.

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: 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 Domestic Violence for Rhode Island on
Q: How do I get my fiancé out of something that shouldn’t have happened and got arrested for domestic
Thomas Briody
Thomas Briody
answered on Dec 23, 2018

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... View More

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... 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

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... View 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... View 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... View 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... View 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... View 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,... View 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.

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