Rhode Island Bail Lawyer Helps Client Get Bail
Client is arrested in Pawtucket, Rhode Island and changed with possession with intent to distribute a half a kilogram of cocaine and possession of a gun. If convicted of the drug offense, client could face up to 50 years in jail and a $500,000 fine. If also convicted of the gun charge, client could face an additional 10 years. Moreover, because he is charged with possession with intent to deliver, in Rhode Island, there is a presumption against bail for such offenses. After client is arrested he quickly hires Rhode Island Criminal Lawyer Noah Kilroy.
Rhode Island General Laws 11-47-3 provides in pertinent part that:
“No person shall commit or attempt to commit a crime of violence when armed with or having available any firearm, explosive substance, noxious liquid, gas or substance, or acid. Every person violating the provisions of this section shall be punished: (1) for the first conviction by imprisonment for not less than three (3) nor more than ten (10) years; (2) for a second conviction under this section by imprisonment for not less than ten (10) nor more than twenty (20) years; and (3) for a third or subsequent conviction the person convicted shall be sentenced to not less than fifteen (15) years to life imprisonment. For the penalties provided in this section he or she shall not be afforded the provisions of suspension or deferment of sentence, nor of probation.”
In Rhode Island, possession with intent to deliver is considered to be a crime of violence. The reason the above statute is significant is because it creates a minimum sentence of three (3) years for those arrested for gun and cocaine charges. This minimum sentence can not be suspended, served on probation or deferred. After Attorney Kilroy is able to investigate this case, he discovers that there are problems with the evidence against client. Ultimately, Attorney Kilroy is able to convince the State that despite the presumption against bail, bail is warranted in this case. Client is granted bail.
Have You been arrested for A Gun and Cocaine Charge?
If you or a loved-one has been arrested for gun possession and posession with intent to distribute a drug, Attorney Noah Kilroy of Kilroy of Law Firm is available to aggressively represent you. Call or text us today for your free consultation: 401-855-9023.