answered on Dec 30, 2018
Yes and yes. Both felonies, but there are intent requirements ( knowing and willful, for health care providers, for example).
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?
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.
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.
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 »
answered on Oct 23, 2018
How do you define good attorney?
Are you a good attorney? Legally, you cannot represent him.
she was there but didn't know that was going to happen what can be done. she recently got locked up.
Trial
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.
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 »
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 »
Can one individual have 2 NCO’s against the same individual in Rhode Island??
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 »
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 »
answered on Jul 5, 2018
Talk to your lawyer. They will be in the best position to advise you after they have completed discovery.
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 »
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 »
I am the victim don't remember how long the restraining order
answered on Jun 11, 2018
You may find the information you seek on the public portal. https://publicportal.courts.ri.gov/PublicPortal/
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.
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.
law was in effect?
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
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 »
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.
this is also my first offense no prior's other than a speeding ticket
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 »
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.
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?
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 »
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.
