Lawyers, Answer Questions  & Get Points Log In
Rhode Island Criminal Law Questions & Answers
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 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
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
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: The police didn't allow me to call my lawyer after being arrested for several hours. Can I sue them for that?
Neville Bedford
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... 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 »

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
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
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
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.

1 Answer | Asked in Criminal Law for Rhode Island on
Q: Is the decriminalization of minor marijuana possession in Rhode Island retroactive if the conviction happened before the

law was in effect?

Neville Bedford
Neville Bedford answered on May 27, 2018

Probably not - unless the law itself specifies a retroactive date. It does not appear to.

See:

TITLE 21

Food And Drugs

CHAPTER 21-28

Uniform Controlled Substances Act

ARTICLE 21-28-4.01

http://webserver.rilin.state.ri.us/Statutes/TITLE21/21-28/21-28-4.01.HTM

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 »

View More Answers

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 Criminal Law for Rhode Island on
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

this is also my first offense no prior's other than a speeding ticket

Allison Abilheira
Allison Abilheira answered on Mar 28, 2018

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... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Rhode Island on
Q: If someone charges a person with first degree robbery but drops charges and doesn’t show to court what happens?
Allison Abilheira
Allison Abilheira answered on Mar 21, 2018

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.

1 Answer | Asked in Criminal Law for Rhode Island on
Q: In Ri is it illegal to ride with one headlight out but have both fog lights on meaning I have three lights on

I was pulled over in East Providence because apparently I had one head light out but I had both of my dog lights on so I had three working lights was that a reason to pull me over and give me a ticket or can I legally ride around like that?

Neville Bedford
Neville Bedford answered on Feb 17, 2018

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...
Read more »

2 Answers | Asked in Criminal Law for Rhode Island on
Q: If im charged with a misdemeanor but the plaintiff is pushing for a felony. What would happen if i pleaded nolo?

What would happen if i pleaded nolo before the misdemeanor becomes a felony but is still at the misdemeanor status?

Neville Bedford
Neville Bedford answered on Jan 29, 2018

Great question for the attorney representing you, who shall have all the details at their fingertips.

View More Answers

1 Answer | Asked in Criminal Law for Rhode Island on
Q: How to get a lawyer for my friend who was arrested and prisoner. He is sex offender II and wrote a black Mail.

How to get a lawyer when he has not family and lost house, job ..

Neville Bedford
Neville Bedford answered on Jan 29, 2018

Your friend will likely be assigned an Attorney from the Public Defender's office.

1 Answer | Asked in Criminal Law and Family Law for Rhode Island on
Q: Where can I find official documentation on UGTMA accounts in RI and rules around use of the money?

And consequences for not using the money for the benefit of the child.

Neville Bedford
Neville Bedford answered on Jan 29, 2018

http://webserver.rilin.state.ri.us/Statutes/TITLE18/18-7/INDEX.HTM

1 Answer | Asked in Criminal Law for Rhode Island on
Q: How you can help a child in danger by her own dad

Her dad in jail but coming out next month. for in danger in another child I found out his own daughter is in danger also for the past 10 yrs

Neville Bedford
Neville Bedford answered on Jan 15, 2018

Consult with an attorney familiar with domestic violence cases and explore your options.

1 Answer | Asked in Juvenile Law and Criminal Law for Rhode Island on
Q: Can a 25 year old talk to/date a 15 year old
Neville Bedford
Neville Bedford answered on Jan 11, 2018

Talking is OK. Dating is a different matter.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.