We have all heard on TV the following Miranda rights being read… You have the right to remain silent; Anything you say can and will be used against you in the court of law; You have the right to an attorney; If you can not afford one, one will be provided to you. Many of...
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In Massachusetts, a “Dangerousness Hearing” may be held to consider if a person is a danger to the community. Under Massachusetts General Laws Chapter 276, Section 58A, a person may be held without bail for a period of 120 days should one lose such a hearing. At a dangerousness hearing, the Commonwealth must prove...
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Rhode Island Criminal Lawyer Files Motion To Expunge and Seal Records For The Accused: Your case has ended, your court fees are paid and you have no other obligations or ties to the courthouse. Except, now you want your record gone so a future job, school or other establishment is unaware of your prior situation....
Read MoreRhode Island has just codified a new rule which allows for the early probation termination, assuming that certain criteria are met. This court rule was codified as part of a statewide effort to reduce the number of people currently on probation, as Rhode Island has one of the highest rates of probationers across the country....
Read MoreIn Rhode Island, after a defendant has been sentenced to serve time at the Adult Correctional Institute (“ACI”), they generally become eligible to receive a good time. Good time, as the name suggests, is credit given to an inmate for good behavior while in prison. This credit is in the form of actual days shaven...
Read MoreIn Rhode Island, when an emergency vehicle has its lights and sirens on, you must yield to that vehicle. Failure to do so can result in a traffic ticket being issued against you and a very significant fine. Rhode Island General Laws 31-17-6 provides an impertinent part that: “(a) Upon the immediate approach of an...
Read MoreAttorney Helps To Secure Bail For Clients: In Rhode Island, the setting of bail is always within the discretion of the court regardless of the offense, and cannot be prohibited by statute. The primary purpose of bail, be it of the pre-trial or the post-conviction variety, is to assure a defendant’s appearance in court at...
Read MoreIn Rhode Island, a driver must use due care when making a roadway lane change. Often times, when a police officer responds to an accident in which someone has been sideswiped by another car, the officer will issue a laned roadway violation ticket. The specific language of the law governing this offense reads as follows:...
Read MoreIn Rhode Island, if a charge is not brought against a person within a specific period of time, the right to prosecute that case is lost forever. However, there are certain exceptions, as some charges have no limit on the time that they may be brought against a person. Rhode Island General Laws 12-12-17 provides...
Read MoreIn Rhode Island, understanding what constitutes disorderly conduct can be confusing. Often times, people generally think that the behavior proscribed by statute would tend to violate ones right to free speech. The law draws a very pointed distinction, however. More specifically, Rhode Island General Laws 11-45-1, otherwise known as the disorderly conduct statute provides that: ...
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