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Rhode Island Criminal Law Questions & Answers

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 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 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 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 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 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 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 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 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 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 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 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 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... Read more »

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... Read 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 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 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: The police didn't allow me to call my lawyer after being arrested for several hours. Can I sue them for that?

Neville Bedford answered on Jul 5, 2018

Talk to your lawyer. They will be in the best position to advise you after they have completed discovery.

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 live in... Read more »

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 »

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Rhode Island on

Q: How do I find out if there is still a restraining order in place again someone charged with child molestation

I am the victim don't remember how long the restraining order

Neville Bedford answered on Jun 11, 2018

You may find the information you seek on the public portal. https://publicportal.courts.ri.gov/PublicPortal/

1 Answer | Asked in Criminal Law for Rhode Island on

Q: I got convicted of theft. How will this affect my child custody rights?

Neville Bedford answered on Jun 9, 2018

Depending on the nature of the theft(i.e. violence), your child's other parent may have some concerns. Retain an attorney to advocate for your parental rights should this arise in the family court.

1 Answer | Asked in Criminal Law for Rhode Island on

Q: I got caught shoplifting in 2003 and then got caught 15 years later will i go to jail?

Neville Bedford answered on Jun 9, 2018

A lot will depend on the nature of the particular charges. Speak with your attorney only and do not discuss the case on the internet or anywhere else except with your attorney.

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