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Rhode Island Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Family Law and Civil Rights for Rhode Island on
Q: Is it okay for my 14 yr old to be walking around at 10pm in Cranston ri
Neville Bedford
Neville Bedford answered on Sep 16, 2019

Assuming you are the parent, and you have given your child permission to walk (to unknown destination? Friends house - ? Food Hut? Dunkin? ), then it should be OK. If you have not given your child permission and they are Walking (running away), call the police. Some parts of Cranston are more... Read more »

1 Answer | Asked in Criminal Law for Rhode Island on
Q: I have a case that was dismissed for lack of prosecution and then out if the blue it was filed again. What can I do ?

Is there a Ruke I can file under motion to stay the first dismissal as the case was charged as a felony and it should have been civil as their was no criminal intent.

Thomas Briody
Thomas Briody answered on Sep 10, 2019

Yes, in many cases you can be charged again after the original complaint was dismissed. As long as the statute of limitations has not run, the charges can be brought again. You should hire an experienced lawyer to respond and defend you. Good luck.

2 Answers | Asked in Contracts, Landlord - Tenant, Criminal Law and Domestic Violence for Rhode Island on
Q: My bf isn’t on my lease but just wants me to write in his name? Will they contact the landlord?

My bf is being charged with B&E after a dumb argument we had in my apartment. He isn’t technically on my lease, but he does pretty much live with me. He is asking me to write in his name on the lease I do have, without telling the landlord. Is this illegal? If I do do this( will they contact my... Read more »

Gary Kollin
Gary Kollin answered on Sep 4, 2019

You wrote further detail on AVVO. You could subject yourself to possible prosecution.

The phone calls from the jail may be recorded

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1 Answer | Asked in Contracts, Criminal Law, Domestic Violence and Federal Crimes for Rhode Island on
Q: Can my boyfriend be charged with B&E if he is on my lease?

I had a bad argument with my boyfriend while drunk one night, which resulted in me telling him to leave and calling the police. He has been charged with B&E, however he is on my rental lease. He can not afford a lawyer at this time, so he has decided to go with a public defender. He had court... Read more »

Thomas Briody
Thomas Briody answered on Sep 3, 2019

Cooperate with the attorney. Public defenders do a terrific job, and should follow through with their own investigation. The Rhode Island public defender has its own investigators. You can also communicate to the Attorney General that you do not wish to go forward with any complaint against your... Read more »

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 about a... Read 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... Read 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 couldn't... Read 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... Read 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...
Read more »

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... 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

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