Below you will find a selection of Rhode island Criminal defense Lawyer authored articles concerning criminal law in RI. Please read these legal law related posts carefully. Rhode Island criminal defense attorney David Slepkow recently published the criminal law articles below to provide valuable information on plea agreements, bail, arraignments, no contact orders, nolo contendere pleas and expungement. These articles are useful for any individual facing allegations of a criminal offense in Rhode Island.
This criminal misdemeanor law post sets forth pleas as well as sentencing for misdemeanors. This specifically includes a detailed explanation of the following: 1 year filings, suspended sentence, probation, term to serve and more. Pursuant to RI law, What is a conviction? This legal post also explains domestic violence issues, no contact orders and restraining orders in RI. Family law related matters such as visitation, divorce and child custody are often a big part of a criminal case.
Many misdemeanor charges are resolved through a plea agreement or plea sentencing. This article provides valuable information on defining typical Rhode Island misdemeanors, what the alleged perpetrator should do if they cannot afford a lawyer, representing themselves and understanding arraignments. Readers learn the difference between guilty, not guilty and nolo contendere pleas. In addition, the article provides details on an Alfred plea, the definition of a filing and how family courts handle restraining orders.
This post by a RI criminal defense lawyer explains nol contendere pleas in Rhode Island and Providence Plantations. In some circumstances a nolo plea is not a conviction. In other cases it does constitute a criminal conviction. Whether or not a plea of nolo contendere constitutes a conviction depends on the penalty / sentence imposed. Please read this RI criminal law post for an extensive description.
Many accused individuals will resolve their criminal charge by making a nolo contendere plea in Rhode Island. This article defines what nolo contendere means under Rhode Island law and whether it is an actual conviction.
If an alleged perpetrator is pinched for a misdemeanor, there could be numerous scenarios. The state or local police could hold the alleged criminal and transport to Providence or Kent County District Court to be for an arraigned in the am. The authorities could summon a justice of the peace or a Bail Commissioner. The bail commissioner or justice of the peace could release the accused. The bail commissioner may determine bail in order for the accused criminal to be released into society.
An allegation of a criminal misdemeanor in Rhode Island usually involves an arrest where the accused is held and brought to court for their arraignment. This article provides information on how bails are set and formal arraignments are handled in a criminal court hearing. Readers learn what happens if the accused individual was arrested while out on bail, is on probation or has a deferred or suspended sentence.
A one year filing in Rhode Island is usually only offered by the city or town solicitors as a penalty for first time offenders. A filing is one of the lightest penalties available in RI. Probation is always a much more serious sentence then a filing. A filing in Rhode Island and Providence Plantations is when the file is essentially put aside for a period of a year and if the accused stays out of trouble for that time period then the matter is eligible to be expunged and destroyed at the end of the year. If a person gets in further trouble then the filing may be violated and the person sentenced again on the filing. If a criminal defendant gets in further trouble during the year filing period, the defendant may be held at the Jail for up to 14 days without a hearing on the merits.
Some first-time offenders in Rhode Island are offered a one-year filing by the prosecutor if the individual is accused of a relatively minor misdemeanor. The article explains this type of penalty filing and how the charges can be expunged and destroyed under certain conditions. Readers learn what happens if the individual gets into further trouble and violates the conditions.
In Rhode Island and Providence Plantations, A “no contact order” means that the the accused criminal is precluded from having any contact and or communication with the victim or the person under the protection of the no contact order. This includes every type of communication known to man including but not limited to Facebook, Twitter, text messaging, instant messaging, cards, letters, etc.
A probationer is required to comply with conditions of probation and keep the peace and be of good behavior. If a criminal defendant is alleged to violate her probation by being arrested for a new crime then the accused may be held at the ACI as a probation violator for up to 10 days without a hearing on the merits. After a hearing, the alleged perpetratror can be held for a longer period of time.
Individuals released from jail or sentenced to probation are required to abide by specific conditions including maintaining good behavior and keeping the peace. The article outlines what any violation of these conditions means for the individual on probation and the need for obtaining the legal services of a public defender or Rhode Island criminal law attorney.
This domestic relations and criminal law post explains in great detail the intersection of Child Custody, family law, matrimonial matters, Family law and Criminal Law in RI.
This comprehensive article outlines the complexity of intertwined domestic misdemeanors and felony cases concerning family law, custody, visitation, child support, restraining orders and divorce. Readers learn about no contact orders, domestic offenses versus non-domestic offenses and visitation and custody problems.
Citations and Resources
“By deciding not to reexamine Faulkner, however, the Court failed to settle a matter dividing the federal courts: whether discovery by police of an arrest warrant during an illegal seizure constitutes an intervening circumstance sufficient to purge the taint of the seizure, allowing use of evidence secured by an attendant search.” VANDERB ILT LAW REVIEW Constitutional Cacophony: Federal Circuit Splits and the Fourth Amendment VOLUME 65 OCTOBER 2012 NUMBER 5 Wayne A. Logan
“The main thrust of the Excessive Bail Clause is to ensure defendants can make bail so as “to enable them to stay out of jail until a trial has found them guilty,”19 and it can become a meaningful source of law—one that provides a substantive right. ” THE EXCESSIVE BAIL CLAUSE: ACHIEVING PRETRIAL JUSTICE REFORM THROUGH INCORPORATION Michael S. Woodruff* http://www.rutgerslawreview.com/wp-content/uploads/archive/vol66/issue1/66-1%20WOODRUFF.pdf
St. John’s Law Review Volume 25 Issue 2 Volume 25, May 1951, Number 2 Article 16 May 2013 Criminal Law–Material Witness–Amount of Bail– Holding as a Witness a Person Charged with a Crime (People ex rel. Gross v. Sheriff of City of New York, 277 App. Div. 546 (2d Dep ‘t 1950)) St. John’s Law Review