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Rhode Island Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Rhode Island on
Q: Rhode Island is often referred to as a 'must identify' state. 12-7-1

But the statue reads very much like Terry vs Ohio, except that it says 'suspicion' rather than 'articulable suspicion'.

The statue still appears to be a conditional requirement, suspicion + criminal activity. With this in mind, would a detained person who may be... View More

Neville Bedford
Neville Bedford
answered on Feb 1, 2016

This question will be most likely answered by the judges who hear it if/when the issue comes before them. Until that time, it is the law. http://webserver.rilin.state.ri.us/Statutes/TITLE12/12-7/12-7-1.HTM "has reason to suspect" <snip> "... is about to commit a crime," is pretty broad language.

1 Answer | Asked in Criminal Law for Rhode Island on
Q: What happens if you have a warrant that is years old and you just find out about it.
Neville Bedford
Neville Bedford
answered on Dec 10, 2015

Meet with a competent criminal attorney to enlist their assistance in resolving the situation professionally, and in confidence.

1 Answer | Asked in Criminal Law for Rhode Island on
Q: I am charged with larceny and receiving stolen goods of the same item. Is that legal
Neville Bedford
Neville Bedford
answered on Dec 1, 2015

Speak to your lawyer. They will have the most precise insights on what you are being charged with. Employ your right to remain silent in a pubic fora.

1 Answer | Asked in Criminal Law for Rhode Island on
Q: Can a 21 year old have sex with a 16 legally?
Robert Jason De Groot
Robert Jason De Groot
answered on Nov 1, 2015

I did a simple internet search on age of consent in RI. In Rhode Island a person is guilty of statutory rape if he or she is over the age of eighteen (18) and the victim is between fourteen (14) years old and under the age of consent which is sixteen (16).

1 Answer | Asked in Criminal Law for Rhode Island on
Q: Can a 23 year old date a 16 year old if there is consent
Robert Jason De Groot
Robert Jason De Groot
answered on Sep 6, 2015

http://www.ageofconsent.us/state-laws/rhode-island-age-of-consent-laws/

1 Answer | Asked in Criminal Law for Rhode Island on
Q: I am looking for information about the Interstate Compact Laws

Is there any relief regarding the Jurisdictional Release of Supervision from Sending State to Receiving State.

Neville Bedford
Neville Bedford
answered on Aug 24, 2015

try here: http://www.interstatecompact.org/About/NavigatingTheCompact/CommonQuestions.aspx

1 Answer | Asked in Criminal Law for Rhode Island on
Q: Do I require a lawyer to seal a record if the case was dismissed?
Neville Bedford
Neville Bedford
answered on Aug 24, 2015

No, but they sure do make it easy.

1 Answer | Asked in Criminal Law for Rhode Island on
Q: can i be violated on probation for using marijuana? It's not part of my stipulations.

so im on probation for a sex offense. can i be violated for smoking weed as it's decriminalized? it's not part of the stipulations nor did my P.O. say i cant.

Neville Bedford
Neville Bedford
answered on Aug 24, 2015

Great question for your attorney ... who may likely ask you ... Do you have a prescription? and other relevant questions. There is NO WAY your PO told you ALL of the things you can't do. . . that would take a long long time.

1 Answer | Asked in Criminal Law for Rhode Island on
Q: If i wanted to drop all charges or get it dropped down to a simple assult instead of a domestic how can I go about that
Neville Bedford
Neville Bedford
answered on Aug 24, 2015

It depends, Who are you ? The prosecutor? Victim? Defendant?

If you are the defendant, your best resource to negotiate a disposition is ... an attorney.

1 Answer | Asked in Criminal Law for Rhode Island on
Q: My fiance was arrested for a domestic on me that never happen the states pressing charges i want them dropped immediatel

Hes the father of my kids me him an some friends were drinking cops got called. I was throwing uo in my bathroom when my face hit the toilet an my tooth started to bleed pretty bad i was drunk an i got blood everywhere but there was never any marks on me any where else an the police kept saying... View More

Neville Bedford
Neville Bedford
answered on Aug 24, 2015

You should retain an attorney to assist you in your plight.

1 Answer | Asked in Criminal Law for Rhode Island on
Q: Do I need a lawyer if charge with posession of alcohol

I received a citation for posession of alcohol by a minor

Neville Bedford
Neville Bedford
answered on Aug 24, 2015

A lawyer is an invaluable investment in defending your liberty and advocating to ensure you receive the most favorable outcome. In short, yes, a very good idea.

1 Answer | Asked in Criminal Law for Rhode Island on
Q: What does "cause to be contacted" in RI general cyberstalking/harassment law mean?

If a person was contacting friends of friends and using my name and posting defaming things on work website targeting me is that causinf me to be contacted

Neville Bedford
Neville Bedford
answered on Aug 24, 2015

That's 3rd party contact, Having someone else contact someone else for you is a violation of a NO CONTACT Order. Doing it fraudulently is identity theft. This will be difficult to prove without some serious experts and an attorney. I'd suggest starting with and retaining a good attorney... View More

1 Answer | Asked in Criminal Law for Rhode Island on
Q: RI I was charged with a domestic and it was filed and a 1 year no contact order is in effect. my guns were seized.

They are being held for 1 year by police. the police said I can file for a restoration which will allow another party to hold the guns for a sale. How do I go about this and is this true.

Neville Bedford
Neville Bedford
answered on Aug 24, 2015

Trust the police, they always tell the truth.. .except when they don't. The gun licensed dealer where you purchased these weapons may have some good advice in this arena, as will the attorney who helped negotiate the one year order for you. I'd suggest consulting with both of them.

2 Answers | Asked in Criminal Law for Rhode Island on
Q: I had a case on December 12, 2014 and they've had three continuances my next case is July 29 is it failure to prosecute?

This was a felony embezzlement over 100 which I haven't spoken to anybody yet about but there's been three continuances February 16 May 7 and now July 29 I'm wondering if this is failure to prosecute if I could get the charge drop

Paul J. Ferns
Paul J. Ferns
answered on Aug 12, 2015

You can absolutely file a Motion to Dismiss for failure to prosecute. However, it's ultimately up to the Judge hearing the motion as to whether or not to grant or deny your motion. Depending upon why your case is being continued will ultimately be the deciding factor. If the State is merely... View More

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1 Answer | Asked in Criminal Law for Rhode Island on
Q: Is it legal to be nude in my own back yard? What if the back yard is visible to the neighbors?
Neville Bedford
Neville Bedford
answered on May 20, 2015

It depends...

TITLE 11

Criminal Offenses

CHAPTER 11-45

Disorderly Conduct

SECTION 11-45-2

§ 11-45-2 Indecent exposure – Disorderly conduct. – (a) A person commits indecent exposure/disorderly conduct when for the purpose of sexual arousal,...
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1 Answer | Asked in Criminal Law for Rhode Island on
Q: Help to lift a no contact order after the judge denied my motion at arrangement because my children were witnesses

An argument got heated one night and my boyfriend lost his temper in front of 3 kids. I asked him to leave and only when i called the police he fled the residence. now he was arrested and a no contact order was issued. i asked the judge to vacate the no contact order at his arranement but it was... View More

Neville Bedford
Neville Bedford
answered on May 12, 2015

You would do well to enlist the services of an attorney to assist you with the case. It is possible he may end up with no record, but this is best sought with the assistance of a professional.

1 Answer | Asked in Criminal Law for Rhode Island on
Q: Is it still illegal to legally own a firearm, while being a medical marijuana patient in Rhode Island?

I've seen seen so many contradicting things so I am unsure.

And also Ted Cruz, and Rand Paul made movements to allow Medical Marijuana patients to use their second ammendment rights, but I am unsure how that all played after researching.

S Joshua Macktaz
S Joshua Macktaz
answered on May 2, 2015

You can absolutely own a firearm while being involved in the Medical Marijuana Program. However, you cannot get a concealed weapons permit if you are involved in the Program. But you can own as many firearms as you desire...just keep them at home!

2 Answers | Asked in Criminal Law for Rhode Island on
Q: If I post explicit images of my ex online. What can they do legally to me?

If I choose to upload to some website online explicit pictures of an ex that was sent to me. What can they do? Legally? Neither the state I live in or the state they live in has passed the revenge porn law as of yet

S Joshua Macktaz
S Joshua Macktaz
answered on May 2, 2015

You can now be prosecuted for a felony for posting those pictures under a new RI law. I would strongly advise you NOT to do this. However, if you get arrested please call my office for a free consultation at 401.861.1155.

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1 Answer | Asked in Criminal Law for Rhode Island on
Q: If you were charged with assault with a deadly weapon, and had it knocked down to Simple assault are there other options

I was followed into and out of a store, by the girl i was speaking to at the times x-husband, he put on a show for everyone and pretended he didnt know me when he clearly did, and I made it very clear, after some time arguing in the parking lot he charged at my car and the result was me hitting... View More

S Joshua Macktaz
S Joshua Macktaz
answered on May 2, 2015

Sounds like it was a difficult case. However, given that the charges were reduced to a misdemeanor you should get it expunged which is the legal equivalent of "it never happened". Feel free to contact my office (401.861.1155) to discuss your options. Thanks.

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