Rhode Island Criminal Law Questions & Answers

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: 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: My 17 year old autistic Son was falsely arrested for carrying a gun. There was no gun

1 Answer | Asked in Criminal Law for Rhode Island on
Answered on Oct 23, 2018
Gary Kollin's answer
How do you define good attorney?

Are you a good attorney? Legally, you cannot represent him.

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: My attorney has ignored my emails,phone calls, even 2 certified letters for 2 yrs now. 6+ yr case, what do I do?

1 Answer | Asked in Criminal Law and Elder Law for Rhode Island on
Answered on Sep 8, 2018
T. J. Jesky's answer
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 damages you suffered, i.e., the statute limitations would prevent you to move forward with this case.

Go engage another attorney, if you believe you have a valid case!

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

1 Answer | Asked in Criminal Law for Rhode Island on
Answered on Jul 5, 2018
Neville Bedford's answer
Talk to your lawyer. They will be in the best position to advise you after they have completed discovery.

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

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Rhode Island on
Answered on Jun 11, 2018
Neville Bedford's answer
You may find the information you seek on the public portal. https://publicportal.courts.ri.gov/PublicPortal/

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

1 Answer | Asked in Criminal Law for Rhode Island on
Answered on Jun 9, 2018
Neville Bedford's answer
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.

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

1 Answer | Asked in Criminal Law for Rhode Island on
Answered on Jun 9, 2018
Neville Bedford's answer
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.

Q: Is the decriminalization of minor marijuana possession in Rhode Island retroactive if the conviction happened before the

1 Answer | Asked in Criminal Law for Rhode Island on
Answered on May 27, 2018
Neville Bedford's answer
Probably not - unless the law itself specifies a retroactive date. It does not appear to.



Food And Drugs


Uniform Controlled Substances Act

ARTICLE 21-28-4.01


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 charged with position of alcohol as a minor at 17 I am now 18 what am I looking at in terms of trouble

1 Answer | Asked in Criminal Law for Rhode Island on
Answered on Mar 28, 2018
Allison Abilheira's answer
The answer to this question depends upon where you are being required to go to court. If you are required to go to District Court- you have been charged with a misdemeanor. You will face a fine of one hundred fifty dollars ($150) to seven hundred fifty dollars ($750), community service, and a license suspension of up to sixty (60) days. However, if you are required to go to Municipal Court- you have been charged with a civil violation of a City or Town ordinance. Normally this punishment...

Q: If someone charges a person with first degree robbery but drops charges and doesn’t show to court what happens?

1 Answer | Asked in Criminal Law and Federal Crimes for Rhode Island on
Answered on Mar 21, 2018
Allison Abilheira's answer
A person can’t charge you with first degree robbery, it would be the state or federal government to pursue these criminal charges. Therefore, the actual person who alleged the theft occurred is likely not required to go to court unless the case is scheduled for trial and they need to testify.

Q: In Ri is it illegal to ride with one headlight out but have both fog lights on meaning I have three lights on

1 Answer | Asked in Criminal Law for Rhode Island on
Answered on Feb 17, 2018
Neville Bedford's answer
RI Gen L § 31-24-4 (2012)

§ 31-24-4 Head lamps on vehicles other than cycles. – Every motor vehicle other than a motorcycle or motor-driven cycle shall be equipped with at least two (2) head lamps with at least one on each side of the front of the motor vehicle, and the head lamps shall comply with the requirements and limitations of this chapter. Violations of this section are subject to fines enumerated in § 31-41.1-4.

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