People often ask if they have a right to a speedy trial. The answer is technically yes, but strategically, proceeding to trial quickly is not always in a defendant’s best interests. The right to speedy trial is set forth in…
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Federal courts address bail at a defendant’s first court appearance. If the appearance is for a defendant charged by criminal complaint, it is called the “initial appearance.” If the appearance follows indictment by grand jury or the filing of a…
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If you have ever been arrested, charged or convicted of a crime, under Rhode Island law, you may be entitled to have judicial and law enforcement records related to this event sealed or expunged. In either instance, if successful, information…
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Mandatory minimum jail sentences in federal drug cases are avoidable. Under federal law, illegal drugs and controlled substances are addressed in Title 21, United States Code, Section 841 (21 U.S.C. § 841). There are three levels of federal felony…
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Statutory Rape is sexual intercourse between a person of age to consent to sexual activity and another person who has not yet reached the legal age of consent. This crime is very different from the common law crime of rape,…
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Sexual assault is commonly known as unwanted sexual contact. In Rhode Island, sexual assault crimes vary by degree or severity. The crime itself involves unwanted, physical sexual contact using force or coercion for purposes of sexual gratification. Force or coercion…
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Motions to suppress may be used to exclude or limit the use of evidence in a criminal case that was obtained from an illegal search of seizure. These motions are presented to the court in writing and allege a violation…
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Motions to suppress may be used to exclude a defendant’s statements to police. These motions, like motions to suppress physical evidence, are presented to the court in writing and allege a violation of constitutional rights. If the court agrees that…
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Have you recently been arrested? Did the police fail to read you your rights? Is this failure helpful to your case? The answer is “it depends.” This short article will provide you with an overview of the important constitutional law…
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Preparing a successful drunk driving defense starts with you the moment you are stopped by police. Driving While Intoxicated (DWI), Driving Under the Influence (DUI) and Operating Under the Influence (OUI) are synonymous criminal offenses for operating a motor vehicle…
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