tag:blogger.com,1999:blog-57514759060724181722024-02-08T11:59:46.787-08:00Rhode Island DWI and Criminal Defense BlogMy name is Michael J. Zarrella, Esq I have been a successful criminal defense attorney for sixteen years with a primary concentration in the area of DWI/DUI, felonies and misdemeanors. I have aggressively defended all varieties of criminal cases from minor traffic offenses to serious capital offenses. I started this blog to help keep people informed of the present state of criminal and DUI law in the State of Rhode Island.Anonymoushttp://www.blogger.com/profile/02726542944517148926noreply@blogger.comBlogger33125tag:blogger.com,1999:blog-5751475906072418172.post-34960654218138543002018-12-01T12:42:00.002-08:002018-12-01T12:55:22.594-08:00Attorney Michael Zarrella is pleased to announce his most recent NOT GUILTY verdict.<br />
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<span style="font-family: Arial, Helvetica, sans-serif;"><span style="font-size: large;"><span style="font-family: "times" , "times new roman" , serif;"><span style="background-color: transparent; color: black; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline; white-space: pre-wrap;">Attorney Michael Zarrella is pleased to announce his most recent NOT GUILTY verdict. The Not Guilty verdict was secured on behalf of his client who was facing two counts of second degree child molestation and two counts of assault and battery. The trial commenced on Wednesday, November 28, 2018 in front of the Honorable Judge Lamphear of Providence County Superior Court and concluded Friday, November 30, 2018 with the jury finding the defendant Not Guilty on all four counts. </span></span></span></span></div>
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<span style="font-family: Arial, Helvetica, sans-serif;"><span style="font-size: large;"><span style="font-family: "times" , "times new roman" , serif;"><span style="background-color: transparent; color: black; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline; white-space: pre-wrap;">This successful jury verdict follows closely on the heels of Attorney Zarrella’s Not Guilty verdict in a jury waived trial before the Honorable Judge Procaccini in August, 2018 in Kent County Superior Court. This defendant was facing one count of First Degree Child Molestation and three counts of Second Degree Child Molestation. This Not Guilty verdict was obtained with co-counsel Attorney Stephanie Murphy. </span></span></span></span></div>
Anonymoushttp://www.blogger.com/profile/02726542944517148926noreply@blogger.com0tag:blogger.com,1999:blog-5751475906072418172.post-68657223927233034482017-11-05T09:38:00.000-08:002017-11-05T09:38:10.438-08:00The Law offices of Michael Zarrella is pleased to announce his third Superior Court Not Guilty verdict of 2017.<h2 dir="ltr" id="docs-internal-guid-07a2648d-8d42-0aaa-b2ed-da9d7de4e25b" style="line-height: 1.38; margin-bottom: 4pt; margin-top: 18pt;">
<span style="background-color: transparent; color: black; font-family: Arial; font-size: 16pt; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline;">2017 Trial Victories</span></h2>
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<span style="background-color: transparent; color: black; font-family: Arial; font-size: 11pt; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline;">The Law offices of Michael Zarrella is pleased to announce his THIRD Superior Court Not Guilty verdict of 2017. Attorney Zarrella’s client was found Not Guilty in Washington County Superior Court of the charge of Felony Assault. </span></div>
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<span style="background-color: transparent; color: black; font-family: Arial; font-size: 11pt; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline;">This has been a very success 2017 year for criminal defense attorney, Michael Zarrella. Attorney Zarrella has had four superior court cases proceed to trial this year with 3 Not Guilty verdicts and one case reduced to a misdemeanor after the alleged victim finished her cross-examination.</span></div>
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<span style="background-color: transparent; color: black; font-family: Arial; font-size: 11pt; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline;">March 2017</span></div>
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<span style="background-color: transparent; color: black; font-family: Arial; font-size: 11pt; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline;">Client was charged with ADW with a car. A jury trial proceeded in Providence County Superior Court. The State argued that the defendant was chasing the alleged victim with his car throughout the City of Woonsocket. It was further argued that the defendant rammed his car into her car. A jury trial commenced on March 1, 2017 in front of the Honorable Justice Rodgers. After a two day trial, the Jury came back with the verdict of NOT GUILTY.</span></div>
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<span style="background-color: transparent; color: black; font-family: Arial; font-size: 11pt; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline;">March 2017</span></div>
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<span style="background-color: transparent; color: black; font-family: Arial; font-size: 11pt; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline;">The client was charged with the crime of first degree sexual assault. Attorney Zarrella, teaming up with Attorney Kara Hoopis, proceeded to a jury trial in front of the Honorable Justice Montalbano. The jury trial commenced on March 1, 2017. After the cross-examination by the defense of the alleged victim, the State reduced the charges from 1st Degree Sexual Assault to misdemeanor simple assault. </span></div>
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<span style="background-color: transparent; color: black; font-family: Arial; font-size: 11pt; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline;">June 2017</span></div>
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<span style="background-color: transparent; color: black; font-family: Arial; font-size: 11pt; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline;">The client was charged with second degree child abuse. The State alleged that the client assaulted a minor child causing injury. A trial proceeded in Kent County Superior Court in front of the Honorable Justice Stern. After a jury trial, the defendant was found NOT GUILTY on all charges. </span></div>
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<span style="background-color: transparent; color: black; font-family: Arial; font-size: 11pt; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline;">October 2017 </span></div>
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<span style="background-color: transparent; color: black; font-family: Arial; font-size: 11pt; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline;">The client was charged with one count of felony assault. The State claimed that the defendant assaulted the alleged victim causing serious bodily injury to the alleged victim’s eye. A non-jury trial commenced in Washington County Superior Court, before the Honorable Justice Thunberg. After a full trial, the defendant was found NOT GUILTY. </span></div>
Anonymoushttp://www.blogger.com/profile/02726542944517148926noreply@blogger.com0tag:blogger.com,1999:blog-5751475906072418172.post-83432664453521645432017-01-02T14:42:00.000-08:002017-01-02T14:42:45.892-08:00DUI charge? Refusal charge? Don't go a day without being able to drive to work.<div dir="ltr" id="docs-internal-guid-4bb99716-6156-aa42-53de-77da0e3a232d" style="line-height: 1.38; margin-bottom: 0pt; margin-top: 0pt;">
<span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline;">When a person refuses a breath test and is charged with a refusal to submit to a breathalyzer, the consequences are swift and severe. Unlike a driving under the influence charge, in the case of a refusal charge the traffic judge or magistrate can and often will suspend your license at the arraignment. The consequences can be devastating and often the damage from the preliminary suspension is irreversible. A person with a preliminary suspension can lose their job or have to drop out of school. </span></div>
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<span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline;">Recently, the state of Rhode Island passed a new law that allows a driver to seek a hardship license at the time of the arraignment for a refusal. A motorist can receive a conditional hardship license in certain cases. The conditional hardship license will allow a motorist to drive for the purposes of work or school for a period of twelve (12) hours a day. This is crucial for those individuals who have to drive themselves to work or school. </span></div>
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<span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline;">The rules on a receiving a hardship license are pretty basic. If you are going to apply for the </span><span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 700; text-decoration: none; vertical-align: baseline;">Hardship License under Rhode Island law </span><span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline;">at arraignment, it is often best to have the interlock installed ahead of time. If the device is installed before arraignment, you don’t have to go without a licence while you get the device installed. The reason this is important is that although some judges and magistrates will continue the case without a suspension so that you can get a interlock device installed others will not and will suspend your license at the first appearance. </span></div>
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<span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline;">No hardship license can be issued without the installation of the interlock. An ignition interlock is a device which prevents an automobile from being operated if the driver has been drinking. Specifically, the interlock is a breathalyzer machine, that will not allow the automobile to start if the driver has been drinking alcohol. </span></div>
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<span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline;">This ignition interlock in conjunction with proof of employment, work hours and a proof of a hardship need will allow a person to receive a hardship license at the first court appearance.</span></div>
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<span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline;">This will allow a motorist to continue to work while the refusal case is pending. Furthermore, the time that the motorist is under the preliminary hardship order will almost always count toward any suspension he or she will face. </span></div>
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<span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline;">It is important to hire an experienced attorney, when dealing with a Rhode Island DUI or refusal case. Make sure the Rhode Island DUI lawyer has a thorough understanding of the rules, defenses and the consequences of a drunk driving and refusal case. The fact is that the consequences of a conviction are mammoth and include having your license suspended, having a criminal record, paying large fines and assessments, higher insurance rates and in some cases possible jail time. It is essential that you hire a reliable and experienced Rhode Island DUI attorney. </span></div>
<br /><span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline;">I have been defending motorists charged with DUI and refusals for over 20 years. If you have been arrested call my law office, the Law Offices of Michael J. Zarrella at (401) 523-5271. Additionally, for more information please review my websites at</span><a href="http://www.rhodeislanddefenselawyer.com/" style="text-decoration: none;"><span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline;"> </span><span style="background-color: transparent; color: #1155cc; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: underline; vertical-align: baseline;">www.rhodeislanddefenselawyer.com</span></a><span style="background-color: transparent; color: #1155cc; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: underline; vertical-align: baseline;"> </span><span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline;">or </span><a href="http://www.ridrunkdrivingattorney.com./" style="text-decoration: none;"><span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline;"> </span><span style="background-color: transparent; color: #1155cc; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: underline; vertical-align: baseline;">www.ridrunkdrivingattorney.com.</span></a><span style="background-color: transparent; color: #1155cc; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: underline; vertical-align: baseline;"> </span>Anonymoushttp://www.blogger.com/profile/02726542944517148926noreply@blogger.com3tag:blogger.com,1999:blog-5751475906072418172.post-35049792079708839362016-05-05T20:41:00.000-07:002016-05-06T04:26:22.128-07:00Attorney Michael Zarrella Announces Trial Victory on Felony Assault ChargesAttorney Michael Zarrella announces his most recent trial victory. Attorney Michael Zarrella secured a not guilty verdict on behalf of a client facing Felony Assault charges. The trial commenced in Providence Superior Court on May 3, 2016 and was completed on May 5, 2016. After deliberating for 50 minutes, the jury came down with a verdict of NOT GUILTY on all charges. <br />
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The facts of the case were front page news. The news reported that a woman sustained facial injuries inside the women’s bathroom at Skarr Hookah Lounge Bar. The reported allegation was that the complaining witness told police she was assaulted by the defendant. The complaining witness stated she was pushed into the bathroom by the defendant who hit her in the face multiple times and knocked out some of her teeth.<br />
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http://wpri.com/2014/08/02/woman-assaulted-in-federal-hill-lounge/Anonymoushttp://www.blogger.com/profile/02726542944517148926noreply@blogger.com3tag:blogger.com,1999:blog-5751475906072418172.post-33930278004520887022016-01-12T11:55:00.001-08:002016-01-12T11:55:57.866-08:00 New proposed Rhode Island’s drunk driving law.<div dir="ltr" id="docs-internal-guid-1358a410-3766-3384-ecbd-066c80b34107" style="line-height: 1.38; margin-bottom: 0pt; margin-top: 0pt;">
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<span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline;"> </span><span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline;">The Rhode Island General Assembly has recently introduced legislation on behalf of the Attorney General to toughen Rhode Island’s drunk driving laws. The new legislation, if enacted, would give Rhode Island the distinction of having some of the toughest penalties in the nation for driving under the influence, death resulting.</span></div>
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<span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline;"> </span><span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline;">The proposed legislation would increase the maximum penalty for a conviction of driving under the influence death resulting from 15 to 30 years in prison with fines of up to $20,000 and license revocation for as long as 10 years. The legislation would also increase penalties for anyone convicted of driving under the influence, serious bodily injury resulting from 10 years to 20 years, increase fines from $1,000 to $10,000 and increase license revocation from 3 to 5 years. Another bill filed on behalf of the Attorney General would create a new crime, that of driving under the influence, injury resulting. Injury under this legislation would include all injuries not meeting the standard of “serious bodily injury”. Finally, a bill has been proposed to increase from 5 years to 10 years the “look-back” period on repeat alcohol-related offenses. </span></div>
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<span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline;"> </span><span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline;">The sad reality however is that tougher punishments and stricter penalties for drunk driving death resulting cases have nothing to do with preventing DUIs. Almost every drunk driver that kills someone, never thought they would cause a death resulting accident, if they did they would most likely not be driving in the first place. Therefore, people will continue to drive. If the state would like to prevent drunk driving death cases, they must make stricter penalties for all drunk driving cases, not only the ones that cause death. </span></div>
<br /><span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline;"> </span><span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline;">Clearly, it is unacceptable for there to be any fatality or injury resulting from drink driver. However, the legislature should not be mislead to believe that increasing the punitive laws and penalties for only injury and death cases will have a significant effect on ending these injuries or deaths. Rather, the legislature should focus on more comprehensive approaches to the problem of drunk driving which include education and alcohol treatment in addition to enforcement of harsh penalties for all drunk drivers. </span>Anonymoushttp://www.blogger.com/profile/02726542944517148926noreply@blogger.com1tag:blogger.com,1999:blog-5751475906072418172.post-33298089649305440762015-12-30T14:35:00.004-08:002015-12-30T14:43:57.438-08:00United States Supreme Court to review if a refusal to take a breath or blood test can constitutes a crime under the constitution.<h2>
Questioning the Constitutionality of Treating a DUI Refusal as a Crime</h2>
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<span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline;">I often wonder how it could be considered a crime to refuse to take a breath test. Under Rhode Island law, if a person refuses a breath or blood test twice in a matter of 5 years it is considered a crime. This legislation seems to contradict the 5th amendment to the United States constitution as well as the Article 13 of the Rhode Island constitution. </span></div>
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<span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline;">The Fifth Amendment protects criminal defendants from having to give statements if said statement may incriminate themselves. This ability to remain silent is a bedrock principle that the Framers of the Constitution believed in when they penned the Fifth Amendment. Furthermore, the Rhode Island Constitution, Under Article 1, Section 13, in its declaration of rights section also protects a person from giving self incriminating evidence. </span></div>
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<span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 700; text-decoration: none; vertical-align: baseline;">“Section 13</span><span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline;">. Self-crimination. -- No person in a court of common law shall be compelled to give self-criminating evidence.” </span><br />
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<span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline;"> </span></div>
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<span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline;">Clearly, the Rhode island Constitution in addition to the US Constitution protect the rights of defendants from giving self-criminating evidence. </span></div>
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<span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline;">So why is it in Rhode Island that a person is told they have a right to remain silent but if they do they can be charged with a crime? The Rhode Island state legislature as well as the court has turned it’s back on the principle that one has a right to remain silent under the Federal constitution as well as a right not to give self-incriminating evidence under the State constitution. The law as it stands now, stands for the proposition that if you do not help the State gain evidence against you in a DUI investigation, then you have committed a crime. This likely was not the intent of the framers. We all know DUI’s are dangerous, and that they need to be stopped, but at what expense? The State can still prove a DUI case without a breath reading. Is it necessary to rip up the State and Federal Constitution to help the law enforcement? Is the next step to say if you don’t let the police search your house you can be charged with a crime, or if you do not give a statement in a criminal drug case you can be charged as well? </span></div>
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<span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline;">Thirteen states, including Rhode Island make it a crime to refuse blood alcohol tests. The United States Supreme Court agreed Friday to hear cases coming from two of those states. Specifically, the US Supreme Court will hear cases from Minnesota and North Dakota in which the Court will decide if a defendant's refusal to take breath tests can be the basis for a criminal charge. </span></div>
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<span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline;">The court has previously ruled that blood tests are searches and that a warrant in many cases will be usually needed in order to obtain the blood test. The whole intent of the of the refusal law is to establish a civil penalty to convince the defendant to take a breath test. It is my belief that the 13 states that have made it a crime to refuse blood alcohol tests a crime have gone too far in making the act of not incriminating one’s self a crime.</span></div>
Anonymoushttp://www.blogger.com/profile/02726542944517148926noreply@blogger.com0tag:blogger.com,1999:blog-5751475906072418172.post-8382287893012196262015-11-23T11:51:00.002-08:002015-11-23T11:52:14.619-08:00NEW UPDATE FOR DUI WEBSITE <span id="docs-internal-guid-2b1f3c86-35e5-0282-aada-c35a8981055c" style="background-color: transparent; color: black; font-family: "arial"; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline;">Attorney Michael Zarrella is pleased to announce the most recent update for his DUI website is now available for viewing. The update includes the most recent DUI news and laws. The Rhode Island DUI laws have changed dramatically over the past few years. The new update includes, but is not limited to, the new DUI law regarding the interlock system for DUIs as well as refusals. This update’s goal is to help people understand the DUI and refusal law, as well as giving the legal community a reference for DUI defenses. If you are in the need for a DUI lawyer visit my website at www.ridrunkdrivingattorney.com or call me at 401-523-5271</span>Anonymoushttp://www.blogger.com/profile/02726542944517148926noreply@blogger.com0tag:blogger.com,1999:blog-5751475906072418172.post-58073009781084160542015-04-28T05:14:00.000-07:002015-04-28T05:14:00.259-07:00Winning a DUI case even with a failed breathtest<div dir="ltr" id="docs-internal-guid-436c6446-fff0-664a-91a4-d5deed4025e2" style="line-height: 1.38; margin-bottom: 0pt; margin-top: 0pt;">
<span style="background-color: transparent; color: black; font-family: Arial; font-size: 15px; font-style: normal; font-variant: normal; font-weight: normal; text-decoration: none; vertical-align: baseline;"> Most people think that if you failed a breath test you can never beat a DUI charge. This is simply not true. Numerous defenses in DUI cases have always been there, but now more than ever, a failed breath test may not lead to a DUI conviction. The new law on DUI and refusals allowed the judges and magistrates in the traffic court to lower a person’s suspension on a refusal to 30 days, as long as the drivers have an ignition interlock system installed in their car. This law was added so that drivers would not have to lose their license for the mandatory 6 months to 1 year, which in turn would often cause the drivers to lose their jobs in addition to their livelihood. In return, the State would benefit by not allowing people that have been drinking to start their cars, through the requirement of the installation of an ignition interlock device in their car for a period of up to 2 years. </span></div>
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<span style="background-color: transparent; color: black; font-family: Arial; font-size: 15px; font-style: normal; font-variant: normal; font-weight: normal; text-decoration: none; vertical-align: baseline;"> The requirement of the installation of the device, was supposed to be helpful to everyone because drivers that refused a test could keep their jobs and the citizens of Rhode Island would be safer because drunk drivers would not be able to start their cars and drive even if they just had one or two drinks. </span></div>
<span style="background-color: transparent; color: black; font-family: Arial; font-size: 15px; font-style: normal; font-variant: normal; font-weight: normal; text-decoration: none; vertical-align: baseline;"> However, a defective form called “Rights for Use at Station” was submitted to all the Rhode Island police departments from the Rhode Island Attorney General’s Office. As a result, a real legal question has arisen as to whether all DUI breath test cases are valid and whether their results are now in jeopardy of being excluded from the evidence. The problem arises in that the “Rights for Use at Station” form is misleading in that it tells drivers that if they do not take the breath test their license will be suspended for a period of 6 months to 1 year. This is no longer true. The new law CLEARLY allows a defendant the possibility of getting his or her license back as soon as 30 days provided that they get an ignition interlock system installed. In addition, the defendant could also get what is called a “works license” even during the license suspension. Because this form does not provide the defendant accurate information with respect to their legal rights, the defendant may have been misguided in taking a breath test because they feared the inaccurate penalties of refusing a breathalyzer test which were contained on the form. Due to this inaccuracy, an argument can be made that the breath test against the defendant was misinformed therefore cannot be used against them. If the breath test results are suppressed in a DUI case, the State will have a very difficult time in proving a DUI. This problem with the form has lead to numerous city and town solicitors reducing DUI’s to lesser charges. If you have been arrested for a DUI, you need to call a Rhode Island DUI lawyer immediately. </span>Anonymoushttp://www.blogger.com/profile/02726542944517148926noreply@blogger.com5tag:blogger.com,1999:blog-5751475906072418172.post-22660787768398043862015-03-05T17:39:00.004-08:002015-03-05T17:39:58.513-08:00Rhode Island Domestic Violence Update The Rhode Island General Assembly and the law enforcement community in Rhode Island is consistently working to increase the penalties for domestic violence convictions. They have also worked to revise classifications of certain crimes from misdemeanors to felonies. As a result, on individual charged with a domestic violence crime in Rhode Island must take the charge very seriously and hire an experienced domestic violence attorney who will work to have the charges reduced or dismissed to avoid conviction and the harsh penalties associated with a domestic violence conviction. <br />
In 2012, the Rhode Island General Assembly revised the domestic violence law by classifying the crime of strangulation as a felony. Prior to this legislation, strangulation was treated as a misdemeanor simple assault with a penalty of up to 1 year in prison. Under the new classification as a felony, a conviction of domestic violence strangulation could result in up to 10 years in prison.<br />
Strangulation within a domestic relationship is defined in the statute R.I.G.L. Section 11-5-2.3 as "knowingly and intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person, with the intent to cause that person harm." The individual accused of strangulation will be prosecuted for the crime of domestic violence strangulation if they are in a domestic relationship and as long as it can be proven that there was "intent to cause that person harm." It does not need to be proven that the individual intended to kill the person.<br />
As with any newly enacted law, law enforcement is very aggressive in charging individuals under the new statute whether or not the crime can truly be classified as domestic strangulation as opposed to charging and individual with simple assault. As a result, an individual could be facing up to 10 years in jail as a result of the felony charge as opposed to up to 1 year in jail for a misdemeanor assault. Additionally, the charge of a felony applies to an individual without any prior convictions. Consequently, it is critical to have an experienced domestic violence attorney analyze the facts of your case to determine if law enforcement correctly charged the crime as domestic strangulation rather than a simple misdemeanor assault. Any conviction under the domestic violence prevention act requires the implementation of a no contact order and domestic violence counseling.<br />
This new law has been criticized by many in the legal profession as being overly broad in it's scope and allowing for law enforcement to abuse its discretion by erroneously charging individuals with a domestic strangulation crime rather than a simple assault. An experienced domestic violence strangulation defense attorney is familiar with the facts needed to support a charge of strangulation and will defend an individual wrongly charged with strangulation and will seek to have the charge reduced. This defense will make the difference in a person facing up to 1 year in jail or facing up to 10 years in jail with a felony conviction on their record.<br />
Furthermore, under the Domestic Violence Prevention Act each conviction for a domestic violence offense increases the punishment imposed by the Court. For instance, a second misdemeanor domestic violence violation shall require imprisonment for a period of not less than 10 days and not more than 1 year. A third and subsequent domestic violence violation is considered a felony and imprisonment of not less than one year and not more than 10 years will be imposed. Consequently, each domestic violence charge must be defended by an experienced criminal defense attorney who must work toward a dismissal of the charge, reduction of the charge or a disposition that will not constitute a criminal conviction. I have the experience to work for you to reduce your domestic violence charge or have it dismissed.<br />
I have been defending individuals charged with crimes such as domestic violence in Rhode Island in addition to all other crimes for over 20 years. I have successfully and tirelessly worked to have charges reduced or dismissed. Don't take chances with your future and your freedom! Hire an experienced domestic violence defense attorney to review your domestic violence case and begin to work on your defense.Anonymoushttp://www.blogger.com/profile/02726542944517148926noreply@blogger.com2tag:blogger.com,1999:blog-5751475906072418172.post-63452336001084527382015-01-24T09:34:00.002-08:002015-01-24T09:35:14.313-08:00Rhode Island DUI, Refusals and Ignition Interlock Devices <br />
<h2>
Rhode Island DUI Ignition Interlock Devices</h2>
With the hopes of preventing the loss of lives due to drunk driving, the Rhode Island General Assembly enacted a law authorizing the courts to prevent individuals found guilty of driving under the influence from driving vehicles that do not have an installed ignition interlock system. This blog will explain more fully what an ignition interlock device is and the requirements associated with the device.<br />
An ignition interlock device (IID) is a device that is directly wired into the ignition inside of a vehicle and requires the driver of the vehicle to breath into the device prior to starting the vehicle. This system will detect alcohol on a person's breath. If the concentration of alcohol on a driver's breath is above the programmed limit of the device, the engine of the vehicle will not start. As an individual drives the car, the device will periodically require breath samples to make sure there is not alcohol in the individual's system.<br />
If an individual has been adjudicated of driving under the influence and prohibited from operating a vehicle without an ignition interlock device, the individual must contact a company which has been certified by the State of Rhode Island to install, lease and sell the systems. Currently, there are 4 companies certified by the State and are listed on the Rhode Island Division of Motor Vehicle's website. These companies have been certified by the state because they have met strict government safety requirements. All costs associated with the installation and monitoring of the system in addition to a court administrative fee will be required to be paid by the adjudicated individual.<br />
If the Court has ordered the use of an ignition interlock system, a notation is made on the person's driving record which will specify the period of use of the ignition system. The Court will also require proof of the installation of the system and periodic reporting in order to verify the proper operation of the system. The Court will also require the system to be monitored for proper use and accuracy by one of the certified companies at least every six months or more frequently as required.<br />
<h3>
Penalties for violation of Rhode Island DUI interlock law or DUI hardship license</h3>
The Court will impose penalties on a person who violates the court order requiring the use of the system, who has altered or tampered with the system, has operated a vehicle not equipped with the required system or has asked another person to start the equipped vehicle for them. Violation of the court order may result in a charge of a misdemeanor punishable by up to 1 year in prison and/or a fine of up to $1000. <br />
However, the violation of the use of a hardship license may be in question because under the current interlock law any individual who violates the use of their hardship license shall be subject to the penalties enumerated in Section 31-27.18.1. The only problem is that under Rhode Island law there is no Section 31-27.18.1. This creates a problem, in that, if a person is driving on their hardship license at the wrong times or the wrong places there may be no way of punishing them. <br />
If you or a loved one has been charged with a DUI or Refusal, please contact an experienced criminal defense lawyer who is familiar with this newly enacted law and all of the other laws pertaining to your case. I have been practicing criminal law for over 20 years and have vast experience with drunk driving defense. Please call me today to discuss your case and to begin working on your defense.<br />
For more information please review my websites at <a href="http://www.rhodeislanddefenselawyer.com/">www.rhodeislanddefenselawyer.com </a>or <a href="http://www.ridrunkdrivingattorney.com./">www.ridrunkdrivingattorney.com. </a><br />
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<br />Anonymoushttp://www.blogger.com/profile/02726542944517148926noreply@blogger.com5tag:blogger.com,1999:blog-5751475906072418172.post-81848230930207552252015-01-16T08:22:00.001-08:002015-01-16T08:23:45.362-08:00Update on new Rhode Island DUI law.<h2>
<b>NEW RHODE ISLAND DUI LAW UPDATE </b></h2>
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On January 1, 2015, Rhode Island General Law §31-27-2 Driving Under Influence of Liquor or Drugs came into effect. Since the date the law came into effect, it has become clear that there is much confusion with respect to what the new Rhode Island DUI and refusal law penalties hold. It is important that all attorneys practicing criminal defense read and understand this new law. Over the last week, many attorneys have asked me what the new penalties are under the new Rhode Island DUI and Refusal law. Let's be clear: the new DUI law lowers the minimum penalty for a Rhode Island DUI as long as the defendant is able to have an interlock system installed in their automobile. In addition, the law also allows for a defendant to be granted a work license as part of their disposition during the time of their minimum suspension. This work license will be valid for 12 hours a day for the sole purpose of work. I have seen many of the attorneys and even some judges have some confusion in determining what the new law allows.<br />
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<h2>
<b>NEW RHODE ISLAND DUI PENALTIES WITH INTERLOCK </b></h2>
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If you are charged with a first offense refusal in Rhode Island, the minimum penalty can be reduced from 6 months to 30 days, as long as the person is ordered to have a interlock device on their automobile for a period of 6 months to 2 years. If you are ordered to have an interlock device, then you can apply for a hardship license. <br />
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Any person with a DUI with no alcohol readings or a .01-.15 reading may have their license suspension reduced from a minimum of 90 days to 30 days, as long as they have an interlock system installed on their automobile for a period of 3 months to 1 year. This will also allow them to apply to have a hardship license for the 30 days.<br />
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Any person with a first offense with a reading between .08 and .1 will still have a minimum suspension of 30 days, but with the installation of the interlock system from 3 months to 1 year will be eligible for a hardship license. <br />
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Any person with reading of over .15, can have a reduction in their sentence to 30 days but <b>mus</b>t have and interlock system in their automobile for 6 months to 2 years. They also may be eligible for a hardship license.<br />
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<h2>
<b>OVERVIEW OF INTERLOCK VS. NO INTERLOCK </b></h2>
<h3>
<b> </b></h3>
<h3>
<b>FIRST OFFENSE DUI OR REFUSAL</b></h3>
<b><br /></b>
<b>First offense DUI with reading of over .08</b><br />
<b>With interlock</b> <b>Without interlock</b><br />
Minimum 30 day loss of license, Minimum 30 day loss of license<br />
May get hardship license No hardship license<br />
Interlock 3 months to 1 year <br />
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<b>First offense DUI with reading of over .10 to .15 or no reading.</b><br />
<b><br /></b>
<b>With interlock</b> <b>Without interlock</b><br />
Minimum 30 day loss of license, Minimum 90 day loss of license<br />
May get hardship license No hardship license<br />
Interlock 3 months to 1 year <br />
<br />
<b>First offense DUI with reading of over .15</b><br />
<b>With interlock</b> <i><u><b>Must get interlock if over .15</b></u></i><br />
Minimum 30 day loss of license, <br />
May get hardship license<br />
Interlock 3 months to 1 year <br />
<br />
<b>First offense refusal</b><br />
<b>With interlock</b> <b>Without interlock</b><br />
Minimum 30 day loss of license, Minimum 6 month loss of license<br />
May get hardship license No hardship license<br />
Interlock 6 months to 2 years<br />
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<h3>
<b>SECOND OFFENSE DUI OR REFUSAL WITHIN 5 YEARS</b></h3>
<h3>
<b>All second DUI or refusal offenses must have a interlock </b></h3>
<b>Second offense DUI with reading of over .08 to .15 or no reading.</b><br />
<b><br /></b>
<b>With interlock</b> <br />
Minimum 45 day loss of license, <br />
May get hardship license<br />
Interlock 6 months to 2 year <br />
<br />
<b>Second offense DUI with reading of over .15</b><br />
<b>With interlock</b> <br />
Minimum 45 day loss of license, <br />
May get hardship license<br />
Interlock 6 months to 2 years <br />
<br />
<br />
<b>Second offense refusal</b><br />
<b>With interlock</b> <br />
Minimum 60 day loss of license, <br />
No hardship license <br />
Interlock 1 year to 4 years <br />
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As you can see, there are many benefits to the newly enacted law. In order to take advantage of these benefits, you must be sure to hire an experienced DUI Criminal Lawyer if you have been charged with DUI or Refusal in the State of Rhode Island. I have been asked by many attorneys to clarify and interpret this law because of my extensive experience as a Criminal Lawyer who has defended many DUI and Refusal cases. Please contact me to discuss your case and to determine the best strategy to defend your DUI or Refusal case and to determine how to take advantage of the benefits in the newly enacted penalties. <br />
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The law Office of Michael J. Zarrella has been helping people with their DUI and refusal cases for 20 years. If you been arrested for DUI or refusal in Rhode Island call him now at 523-5271 or email him at Mjzarrella@gmail.com. <br />
<br />
For more information please review his websites
at <a href="http://www.rhodeislanddefenselawyer.com/">www.rhodeislanddefenselawyer.com </a>or <a href="http://www.ridrunkdrivingattorney.com./">www.ridrunkdrivingattorney.com. </a><br />
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<br />Anonymoushttp://www.blogger.com/profile/02726542944517148926noreply@blogger.com1tag:blogger.com,1999:blog-5751475906072418172.post-32034436124498510872015-01-01T07:56:00.000-08:002015-01-01T07:56:29.618-08:00New Year, New DUI lawsStarting January 1, 2015, a new DUI and refusal law will be going into effect in the State of Rhode Island. As I previously blogged on November 6, 2014, this new DUI law will have a large impact on those people charged with DUI or chemical test refusals. Rhode Island General Law §31-27-2 Driving Under Influence of Liquor or Drugs becomes effective January 1, 2015 and will allow a defendant the ability to have a work license in exchange for having an interlock system installed in their vehicle. A work license, otherwise known as Cinderella license, hardship license, or restricted license all refer to the new Rhode Island law that allows a drunk driving or refusal offenders to drive for a legitimate purpose such as going to work. The hardship license will be valid only for twelve (12) hours per day to get to and from work and shall be given in conjunction with the installation of an ignition interlock device in the vehicle. <br />
<br />
An ignition interlock device is connected to a vehicle’s ignition
and requires the driver to blow into the interlock device prior to starting the vehicle in addition to blowing into the device while the vehicle is operating. This is done in order to prevent
a driver from being able to start his or her automobile or continue to drive the automobile if there is a detection of alcohol on his or her breath.<br />
<br />
This law is very helpful in many ways. First and foremost, this law will prevent drunk drivers from being able to start their cars. A second effect is that it will allow drivers who receive a DUI not to have their lives completely destroyed as a result of losing their ability to drive to and from their work. This law will allow many people to keep their employment after a DUI.<br />
<br />
Not everyone will be able to get a hardship license, since the law is new and complicated. Now more then ever is it important that you hire the right lawyer to represent you in you drunk driving or breathalyzer refusal case. The experienced DUI lawyer not only can help you win your case, but now can help you in your effort to receive a hardship license. <br />
<br />
Do not take chances with your future! You need to hire a top DUI/drunk driving lawyer now. Call Attorney Michael J. Zarrella to review your case and help you plan a winning defense. Attorney Michael Zarrella has been winning DUI/drunk driving cases for 20 years. For more information please review his websites
at <a href="http://www.rhodeislanddefenselawyer.com/">www.rhodeislanddefenselawyer.com </a>or <a href="http://www.ridrunkdrivingattorney.com./">www.ridrunkdrivingattorney.com. </a><br />
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<br />Anonymoushttp://www.blogger.com/profile/02726542944517148926noreply@blogger.com8tag:blogger.com,1999:blog-5751475906072418172.post-52296704512958042872014-11-23T06:07:00.001-08:002014-11-23T06:07:34.461-08:00Hire an Experienced Domestic Violence Defense Attorney to Prevent a Domestic Violence Conviction<div dir="ltr" id="docs-internal-guid-f3d0f925-d89e-32f0-3f64-4ae30b249f36" style="line-height: 1.15; margin-bottom: 0pt; margin-top: 0pt;">
<span style="background-color: transparent; color: black; font-family: Arial; font-size: 15px; font-style: normal; font-variant: normal; font-weight: normal; text-decoration: none; vertical-align: baseline;"> The issue of domestic violence has taken center stage in the news lately due to the recent domestic violence arrests and public exposure of NFL football players. The recent publicity highlights how widespread this issue is in the community and how it crosses all social and economic lines in society. According to the Centers for Disease Control and Prevention, in the United States each minute 24 people are victims of violence from domestic partners. According to statistics kept by the RI Coalition Against Domestic Violence during 2013, Rhode Island law enforcement received 7,930 domestic violence related calls and made 5,437 domestic violence arrests. Clearly, Rhode Islanders are not spared from the crime of domestic violence. </span></div>
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<span style="background-color: transparent; color: black; font-family: Arial; font-size: 15px; font-style: normal; font-variant: normal; font-weight: normal; text-decoration: none; vertical-align: baseline;"></span><span style="background-color: transparent; color: black; font-family: Arial; font-size: 15px; font-style: normal; font-variant: normal; font-weight: normal; text-decoration: none; vertical-align: baseline;"></span><span style="background-color: transparent; color: black; font-family: Arial; font-size: 15px; font-style: normal; font-variant: normal; font-weight: normal; text-decoration: none; vertical-align: baseline;">Today, the police do not take any chances with domestic assault and domestic violence cases. If the police are summoned to a domestic violence call, almost certainly somebody is getting arrested. An arrest on a domestic violence case will have a long lasting and immense effect on a person's life. Many times a parent will be barred from going to their own home because of a non-contact that a judge has issued in the case. Some judges will not vacate the non-contact order until the case is completed. A non-contact order often leads to financial strain as well as strain on the family.</span></div>
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<span style="background-color: transparent; color: black; font-family: Arial; font-size: 15px; font-style: normal; font-variant: normal; font-weight: normal; text-decoration: none; vertical-align: baseline;">If you, a loved one or a friend, have been arrested for the crime of domestic violence, do not hesitate to contact an experienced domestic violence defense attorney. The state of Rhode Island has enacted harsh laws with respect to the crime of domestic violence, known as the Domestic Violence Prevention Act. These laws consider a wide range of crimes to be domestic violence crimes if they are committed by a family or household member. Additionally, the definition of a family member or household member is broad and includes individuals involved in a variety of relationships.</span></div>
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<span style="background-color: transparent; color: black; font-family: Arial; font-size: 15px; font-style: normal; font-variant: normal; font-weight: normal; text-decoration: none; vertical-align: baseline;"> </span><span style="background-color: transparent; color: black; font-family: Arial; font-size: 15px; font-style: normal; font-variant: normal; font-weight: normal; text-decoration: none; vertical-align: baseline;"> </span><span style="background-color: transparent; color: black; font-family: Arial; font-size: 15px; font-style: normal; font-variant: normal; font-weight: normal; text-decoration: none; vertical-align: baseline;">The penalties of a conviction for domestic violence in Rhode Island are severe and the disposition received in a first domestic violence charge will have an effect on future charges. Rhode Island domestic violence laws require mandatory jail sentences for second and third convictions for the charge of domestic violence. Conviction for a second domestic violence charge requires imprisonment for a term of not less than 10 days and not more than 1 year. A third domestic violence conviction is considered a felony and requires imprisonment of between 1 and 10 years. In addition to imprisonment, no contact orders, counseling, prohibition from possession of a firearm, and deportation for non-citizens are imposed by the Court. This is why it is so important to fight your first domestic charge and not wait until you are charged again. One domestic charge often leads to others for a host of reasons. First and foremost the non-contact order that is issued at the sentencing will for lead to future violations. Second, one of the parties will have a criminal record for domestic violence and the police will not hesitate to arrest you a second time for the slightest incident. </span></div>
<span style="background-color: transparent; color: black; font-family: Arial; font-size: 15px; font-style: normal; font-variant: normal; font-weight: normal; text-decoration: none; vertical-align: baseline;"> </span><span style="background-color: transparent; color: black; font-family: Arial; font-size: 15px; font-style: normal; font-variant: normal; font-weight: normal; text-decoration: none; vertical-align: baseline;"> </span><span style="background-color: transparent; color: black; font-family: Arial; font-size: 15px; font-style: normal; font-variant: normal; font-weight: normal; text-decoration: none; vertical-align: baseline;">Please do not take any charge of domestic violence lightly. Call an experienced domestic violence defense attorney to begin work on your domestic violence case to prevent a conviction. If you would like to read further information on the crime of domestic violence within the Rhode Island criminal justice system, please refer to my website: www.http://rhodeislanddefenselawyer.com/</span><br />Anonymoushttp://www.blogger.com/profile/02726542944517148926noreply@blogger.com3tag:blogger.com,1999:blog-5751475906072418172.post-84339218231215264882014-11-06T14:07:00.000-08:002014-11-06T14:07:53.541-08:00The Importance of Hiring an Experienced Criminal Defense Lawyer to Defend Your DUI Nationwide and in Rhode Island, law enforcement has come to rely on
breathalyzer tests in obtaining convictions in drunk driving and drugged
driving offenses. The use of breathalyzer machines is both a cost
effective and convenient method for law enforcement to use in assessing a
person's alcohol content. <br />
Recently, the Rhode Island Department of Health has selected the Intoxilyzer 9000 for Rhode Island law enforcement to use as the new chemical breath test machine for use in the prosecution of drunk and drugged driving offenses. In Rhode Island the Intoxilyzer 9000 will replace the Intoxilyzer 5000, which no longer will receive service and support from its manufacturer. <br />
It is argued that the Intoxilyzer 9000 will generate more useful statistical data with respect to the results of chemical breath tests. The technology used to determine blood alcohol content (BAC) from the breath samples is different between the 5000 model and the 9000 model. The reporting of BAC results is also different in that the 9000 will print out a graph showing the information. Additionally, the 9000 model stores more data than the 5000 and runs a calibration check for each test. The 9000 will have more advanced capabilities than the 5000 model to meet the legal and quality assurance requirements to insure accurate breath alcohol testing.<br />
Questions persist as to how accurate these machines are in determining alcohol content on an individual. These questions are the basis of an experienced criminal defense attorney's defense of a DUI charge. The manufacturers of these machines require routine maintenance of these machines. Continued use of the Intoxilyzer 5000, without the continued service and support from its manufacturer, will beg the question of the machine's reliability and accuracy in determining BAC. In addition to the malfunctioning of the machine, the reliability and accuracy of breath alcohol results is also comprimised by burping and the timing of when the alcohol was last drunk before taking the test. The administration of the test is essential to obtaining reliable
results. The training of the officer and his or her observations with
respect to the eating, drinking or vomiting by the suspect could produce
inaccurate results. Additionally, there are legal issues with respect to the competency of witnesses who are obtaining and analyzing the software of the machines and the calibration of the machines.<br />
Any individual who is arrested for drunk or drugged driving after blowing the legal limit, which in Rhode Island is 0.08, should pursue the investigation of the accuracy of their results by an experienced criminal defense attorney rather just accept the results. As stated above, there are numerous issues that can be raised to question the accuracy of the results of a breathalyzer test. It is only through the hiring of an experienced criminal defense attorney who is familiar with the issues that an individual can be successful in defending themselves. The penalties of a DUI conviction are severe in Rhode Island. They include fines, suspension or loss of license, community service, higher auto insurance rates, education, and may include jail time. If you have been pulled over and subject to a breathalyzer test, please do not hesitate to call Attorney Michael J. Zarrella to review your case. The Law Offices of Michael J. Zarrella offers a free consultation and provides over 20 years of experience in the criminal defense field with a concentration in the area of DUI defense. <br />
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<br />Anonymoushttp://www.blogger.com/profile/02726542944517148926noreply@blogger.com3tag:blogger.com,1999:blog-5751475906072418172.post-43767085025856273722014-11-04T08:17:00.001-08:002014-11-04T08:17:25.397-08:00Preventing Convictions Under the Rhode Island Colin Foote Law<br />
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With the objective of saving lives and protecting the community, the Rhode Island General Assembly enacted the Colin Foote law. Under this law, drivers convicted of (4) four traffic violations within an eighteen (18) month period would be required to attend sixty (60) hours of driver's training and perform sixty (60) hours of community service. Additionally, a person convicted under this law would face fines of up to $1,000 and face the loss of their driver's license for up to two (2) years.<br />
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The Colin Foote law seeks to take the habitual traffic violator off of the streets of Rhode Island for a long period of time. Consequently, it is imperative that each traffic ticket be defended to the fullest extent by an experienced criminal defense attorney. Often people who recieved a ticket just mail in the fine because they incorrectly think it is not worth their time and money to go to court. By doing this, people bypass the opportunity to use the good drivers statute. However, this has become major mistake to do so. Judges at the Rhode Island Traffic Tribunal are starting to suspended licenses for as little as three tickets. As a defendant, you need to fight every ticket that you receive whether it means hiring a lawyer to try to get you an alternative disposition or go to trial and challenge the charge itself. You must be proactive otherwise you will find yourself with a suspended license down the road. <br />
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If you or a loved one are in the unfortunate position of having been convicted of multiple traffic violations within a short period of time, you have little choice but to hire an experienced defense attorney to prevent additional convictions and prevent you from being considered a violator of the Colin Foote law.<br />
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The judges and magistrates of the Rhode Island Traffic Tribunal have taken an aggressive stance in enforcing the Colin Foote law. Often the judges and magistrates will suspend or revoke driver's licenses for between one (1) and two (2) years upon a conviction of this law. The effects of a suspension of a drivers license for an extended period of time such as one (1) year or more can be devastating to a person. The loss of a license can have an negative effect on a person's employment and their overall life. A good criminal defense lawyer may be the difference in keeping your license or having it suspended. Further, in more serious cases the hiring an experienced defense attorney will mean the difference between having your drivers license suspended for a few months or a few years. <br />
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Please do not take traffic violations lightly. If you are in the position of having multiple traffic convictions within a short period of time, you need to call an experienced criminal defense attorney today. Have an experience criminal defense attorney begin working on your traffic violations today!<br />
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Attorney Michael Zarrella has been helping people keep their driver's license for 20 years. For more information please review his websites at <a href="http://www.rhodeislanddefenselawyer.com/">www.rhodeislanddefenselawyer.com </a>or <a href="http://www.ridrunkdrivingattorney.com./">www.ridrunkdrivingattorney.com. </a><br />
<br />Anonymoushttp://www.blogger.com/profile/02726542944517148926noreply@blogger.com0tag:blogger.com,1999:blog-5751475906072418172.post-26597705988725033482014-10-24T07:45:00.001-07:002014-10-24T07:53:19.909-07:00Police dogs, probable cause, and the decriminalizing of marijuana.Police dogs have been helping the police and other law enforcement agencies for decades in the government's criminal prosecution of the war on drugs. Police dogs are trained to use their sense of smell to detect many different types of drugs including but not limited to marijuana, cocaine, and heroin. A hit by these dogs often leads to the probable cause needed to conduct a search in a criminal matter. A dog can smell the smallest trace of a drug. Once the dog
has made a hit, the police will often have the right to search a person's car, house, bags or whatever the dog hit on. The government has used these trained dogs in the investigation of numerous criminal cases which has lead to thousands and thousands of searches.<br />
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On April 1, 2013, legislation in Rhode Island took effect that decriminalizes minor marijuana possession offenses to a non-criminal offense. This new law will have great implications not only in marijuana cases, but in many other criminal cases where a police dog was used to gain probable cause leading to a search. The police dogs are trained to hit for many different drugs, including marijuana. Now that minor marijuana possession is no longer a criminal offense in Rhode Island, the probable cause gained by police dogs becomes very questionable. Without probable cause, the police cannot legally search your car, your house or your person. These police dogs lead to the probable cause in many cases but now their use might be troublesome for the police. The dilemma for the government is that many of their police dogs are trained to find marijuana. The police dogs do not have the ability to communicate to the dog handler what specific drugs it has scented. Without the ability to determine what drug the dog scented, the probable cause no longer exists. For instance, a police officer stops a car driving on a highway and the dog scent leads to the indication that drugs are in the car. Normally, this would lead to probable cause that there was a crime taking place. Now that is just not true. The owner of the car may have a small amount of marijuana and now that marijuana has been decriminalized and there is no longer probable cause. Therefore, the police dog hit for drugs is no longer reliable.<br />
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Often a drug dog’s reliability record must be considered to determine probable cause but it can no longer be deemed reliable if the dog has not been retrained to not hit for marijuana. Consequently, a person who has been charged with any drug charge and who's proable cause was based on a police drug sniffing dog, may be in a positition to have the criminal charge dismissed. The courts will be under great pressure to suppress evidence based on a lack of proable cause.<br />
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A lawyer that practices criminal defense should be ready to argue this in all cases where the probable cause was based on a police drug detecting dog, A good criminal defense lawyer can make a huge impact on what happens to your criminal case. Do not take chances on you future! Hire a criminal defense lawyer with a great amount of criminal defense experience and a proven track record of success.<br />
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If you have been arrested for a crime in Rhode Island please call me at 401-523-5271 or visit my websites at <a href="http://www.rhodeislanddefenselawyer.com/">www.rhodeislanddefenselawyer.com </a>or <a href="http://www.ridrunkdrivingattorney.com./">www.ridrunkdrivingattorney.com.</a>.<br />
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<br />Anonymoushttp://www.blogger.com/profile/02726542944517148926noreply@blogger.com2tag:blogger.com,1999:blog-5751475906072418172.post-20949492753710877072014-10-18T13:38:00.000-07:002014-10-18T13:45:47.769-07:00Criminal defense lawyers are and easy target, until you or a loved one need one. <span style="font-family: Verdana,sans-serif;"><span style="background-color: transparent; color: black; font-size: 15px; font-style: normal; font-variant: normal; font-weight: normal; text-decoration: none; vertical-align: baseline;">Ever since I began practicing criminal defense law over 20 years ago, I have frequently been asked, “How can you represent people that have committed a crime?”, or “How can you do what you do?”. I can confidently answer these questions with the fact that I love what I do and I love protecting people's Constitutional Rights!</span></span><br />
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<span style="font-family: Verdana,sans-serif;"><span style="background-color: transparent; color: black; font-size: 15px; font-style: normal; font-variant: normal; font-weight: normal; text-decoration: none; vertical-align: baseline;">It amazes me how many people do not understand the importance of criminal defense lawyers in society. When someone is charged with a crime, it can feel like it is the world versus the defendant. Although that statement is not one hundred percent accurate, it is not far off. A defendant who has been arrested for a crime can often feel the weight of the State and all the State’s resources against them. The Attorney General's office is well equipped with the use of many seasoned criminal defense lawyers, investigators, paralegals, secretaries, toxicology labs, police departments in addition to other agents. By contrast, the defendant stands before the Court alone. Often in criminal cases, the press is provided all their information from the Attorney General’s office and the prosecuting police department, making it impossible for the defendant to successfully fight his battle in the court of public opinion. Who stands up for this little man? The press, the police, the politicians, the judge? No, the only person who will stand beside this defendant is his criminal defense attorney. Whether the charge is a drunk driving charge or a murder charge, the defendant has his back against the wall and his only ally is his criminal defense lawyer. </span></span><br />
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<span style="font-family: Verdana,sans-serif;"><span style="background-color: transparent; color: black; font-size: 15px; font-style: normal; font-variant: normal; font-weight: normal; text-decoration: none; vertical-align: baseline;">Historically, the need for a criminal defense lawyer was considered so important that our Founding Fathers included the right to counsel in the Bill of Rights. A defense lawyer’s job is to zealously defend his client. However, in defending his client the criminal defense lawyer does so much more. Criminal defense lawyers often lead to justice, since without a criminal attorney people would not be able to competently defend themselves. Without criminal defense lawyers, there would be masses of innocent people being convicted without proper legal representation. Also by doing their job, criminal lawyers prevent unlimited searches and seizures by the police, racial profiling at traffic stops as well as other societal goods. </span></span><br />
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<span style="font-family: Verdana,sans-serif;"><span style="background-color: transparent; color: black; font-size: 15px; font-style: normal; font-variant: normal; font-weight: normal; text-decoration: none; vertical-align: baseline;">When a defense lawyer fights to defend one person’s rights, the defense lawyer is actually not only standing up for these people rights but standing up for everyone's Constitutional rights. Everyone deserves a vigorous defense! The day we say that they do not, is the day we let the police and politicians decide who is guilty. </span></span><span style="font-family: Verdana,sans-serif;"><br /></span>
<span style="font-family: Verdana,sans-serif;"><span style="background-color: transparent; color: black; font-size: 15px; font-style: normal; font-variant: normal; font-weight: normal; text-decoration: none; vertical-align: baseline;">Many people often forget that without defense lawyers, punishment would often not be just. Too often, I see a defendant go before the court pro-se and get taken advantage of by the prosecution. The pro-se defendant will get a punishment that is unjust and unfair. Should people go to jail for smoking marijuana? Should they lose their diver's license for 6 months for a couple of speeding tickets? The fact is that good people often get arrested and that arrest record should not dictate their life's story. Often I see judges and prosecutors acting too hastily to give a sentence that will have a long lasting negative implication on someone’s life. I remember instances when I first started practicing law, that a certain judge would always want to give one year probation to a defendant for a first offense marijuana charge as opposed to a filing. The result of this harsh sentence was that some college student would be stuck with a drug charge on his record for at least 6 years making for a bleak future. The students often would incorrectly think that if they hired a lawyer the judge would get mad at them and the consequences would be worse. They would think that "If i just go up and admit it I will be better off." The fact is that they could not be further from the truth. When you represent yourself in court, more often than not you get taken advantage of by the criminal justice system.</span></span><br />
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<span style="background-color: transparent; color: black; font-family: Arial; font-size: 15px; font-style: normal; font-variant: normal; font-weight: normal; text-decoration: none; vertical-align: baseline;"><span style="font-family: Verdana,sans-serif;">My role as a criminal defense attorney is to ensure that the defendant's Constitutional Rights are protected and that they get an even playing field to confront the prosecution in the courtroom thereby making sure they receive a just outcome. </span> </span>Anonymoushttp://www.blogger.com/profile/02726542944517148926noreply@blogger.com0tag:blogger.com,1999:blog-5751475906072418172.post-40013804865189618122014-09-18T13:30:00.003-07:002014-09-18T13:30:41.375-07:00DNA evidence leads to the release of two North Carolina men who spent 30 years in jail based on coerced confessions.Recently, two men were released from prison in the State of North Carolina for crimes that neither had committed. Each man served 30 years in prison before being released. A review of their criminal cases substantiates the fact that both men were detained by law enforcement and after hours of questioning finally gave coerced statements to police. Based on these coerced statements, with little to no other evidence against the two defendants, the State of North Carolina was able to obtain criminal convictions against each of them for rape and murder charges. The defendants thereafter spent the next 30 years of their lives in a North Carolina prison. If not for the defendant's new criminal defense attorneys requesting DNA evidence, these men would have spent an entire life time in jail, not to mention the one defendant who was spending his sentence on death row.<br />
In one case, the North Carolina Innocence Inquiry Commission found that the DNA on a nearby cigarette came back to another man that was already serving a life sentence for similar crimes. These cases show the importance of having good judges, good police work and fair play in the criminal justice system. A criminal defense attorney's job is to represent their client zealously. While the police and prosecutor's job is to seek justice, too often police and prosecutors within our American justice system look at a case with blinders on. Time and again the police and prosecution will find a suspect that they truly believe committed a crime, and focus solely on that person and not the other evidence that may point elsewhere. As in the case in North Carolina, the police thought they had their men and completely ignored the facts surrounding a sex offender suspect that was later found to be the guilty party. Even today, the the former District Attorney who prosecuted the criminal case stated that the governor would be a fool to
consider pardoning the men even though the judge in North Carolina vacated their sentences. <br />
Over and over DNA is providing proof that confessions obtained after hours of questioning with no lawyer present are completely unreliable. The confessions are often coerced and at times add little value to a case. More often then not, judges will let these confessions be heard by the jury at trial because the judge does not want to be perceived as weak on crime. Too often in my career as a criminal defense attorney do I hear clients tell me that the police have threatened them if they do not confess and that the police threaten to charge the suspect's mother, wife or kids. Other times the suspects are told that if they do not confess the police will arrest their wife and have their kids taken away by DCYF. How can these confessions obtained under these circumstances be deemed reliable?<br />
The rules of evidence in criminal cases are there for specific reasons one of which is to protect defendants from unfair prosecutions. When prosecutors and judges start to bend these rules for what they believe to be the greater good, the net cast will often scoop up many innocent people. It is critically important in the criminal justice system to follow the law and the rules that safeguard defendants so that cases like this are less likely to happen.<br />
My name is Michael J. Zarrella, Esq. and I have been practicing criminal defense for 20 years in the State of Rhode Island. I have seen attorneys who do not have the proper criminal experience represent clients in a less than proficient manner. If you have been arrested for a crime in Rhode Island please call me at 401-523-5271 or visit my websites at <a href="http://www.rhodeislanddefenselawyer.com/">www.rhodeislanddefenselawyer.com </a>or <a href="http://www.ridrunkdrivingattorney.com./">www.ridrunkdrivingattorney.com.</a>.<br />
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<br />Anonymoushttp://www.blogger.com/profile/02726542944517148926noreply@blogger.com0tag:blogger.com,1999:blog-5751475906072418172.post-12420385350271849002014-08-07T14:54:00.001-07:002014-08-07T14:54:54.731-07:00United States Supreme Court Cases Have Significant Impact on Criminal Cases Involving the Search and Seizure of Cell Phones, IPADs and Other Tablets It has long been held by the United States Supreme Court that the property on a person at the time of arrest may be searched by law enforcement in order to ensure the safety of the public and law enforcement by allowing for both the search for weapons and the securing of weapons in addition to preventing the concealment or destruction of evidence. It is well settled by the Court that an individual's expectation of privacy diminishes considerably after an arrest.<br />
In the recent cases of <u>Riley v. Californi</u>a and <u>US v. Wurie</u>, the United States Supreme Court was faced with considering Fourth Amendment protections in light of the pervasiveness of the cell phone in modern society and the challenges the new technology of a cell phone brings to the guidelines for searches and seizures by law enforcement in criminal arrests. In both cases, the issue centered around the requirement of the police to obtain a warrant to search the information contained on a cell phone subsequent to the seizure of the cell phone. In its decision, the Court distinguished between the physical nature of a cell phone and thereby obtaining the cell phone as part of a search of an individual and the search of the digital information that the physical phone contains. The Court clearly found that the police can not search the information contained on an arrestees' cell phone without first obtaining a warrant. Justice Roberts wrote that "Our answer to the question of what police must do before searching a cell phone seized incident to an arrest is accordingly simple -get a warrant." However, the US Supreme Court acknowledged that the exceptions to warrants based upon exigent circumstances still exist and can be applied when searching information on cell phones. <br />
These decisions have been applauded by criminal defense attorney's and privacy rights proponents. Clearly, the impact of these decisions goes far beyond cell phones and can be applied to tablets and laptops and marks an acknowledgement by the Court that we have entered a new digital age and that a warrantless search of digital information triggers immense privacy issues as compared to a warrantless search of a physical object. These decisions are a victory for privacy advocates and bring privacy rights into the 21st century.<br />
If you have recently been arrested for a crime and had a cell phone, IPad or other tablet seized, it is important that you call a Rhode Island criminal defense lawyer immediately. Make sure whichever lawyer you hire is familiar with these recent criminal United States Supreme Court decisions and their application to your criminal case.<br />
For more information regarding search and seizure and criminal defense, please view my websites at <a href="http://www.rhodeislanddefenselawyer.com/">www.rhodeislanddefenselawyer.com </a>or <a href="http://www.ridrunkdrivingattorney.com./">www.ridrunkdrivingattorney.com.</a>.<br />
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<br />Anonymoushttp://www.blogger.com/profile/02726542944517148926noreply@blogger.com3tag:blogger.com,1999:blog-5751475906072418172.post-62744603130672795612014-07-29T07:44:00.001-07:002014-07-29T07:44:14.280-07:00United States Surpreme Court Decision WIll Effect DUI and Other Criminal Cases In a recent United States Supreme Court case, <u>Navarette V. California,</u> the court in a 5-4 decision greatly expanded the ability of the police to pull a motorist over in a DUI or other criminal investigation based on an anonymous tip. The Supreme Court held that a police traffic stop based upon a 911 call complied with the Fourth Amendment Search and Seizure requirements because under the "totality of the circumstances" the police officer had a reasonable suspicion that the driver was intoxicated.<br />
As stated in the scathing dissent by Justice Scalia, this opinion "serves up a freedom-destroying cocktail." I completely agree with Justice Scalia. This case will now allow for the reliance by police officers on anonymous 911 reports of traffic violations to conduct a traffic stop and further search of the vehicle and person. Additionally, this decision allows for a reasonable suspicion of drunkenness based upon a single instance of careless or reckless driving.<br />
Justice Scalia, who is often seen as a conservative by many, has continued to be an advocate for fundamental fairness in criminal and DUI cases. Based on the majority's opinion, anyone at any time can have someone pulled over by the police based on a phone call. A jealous ex-wife, a former business partner or an employee can now just make an anonymous phone call and have anyone that they may not like pulled over by the police for no reason. This can be extremely unfair in drunk driving cases.<br />
For instance, an individual may notice that someone had one or two drinks with dinner and then makes a phone call saying they see a motorist driving erradically. When the police stop said motorist they will likely smell the alcohol and jump to the conclusion that the individual must have been drunk driving. This person, even if he eventually passes a breathalyzer test, will have been pulled over, detained, brought back to the police station (sometimes for hours) and have had their car towed because someone may have had a grudge against them. The person with the grudge never has to worry about their accusation coming back on them because it was just an anonymous phone call.<br />
This decision does not completely abolish the needed corroboration of an anonymous tip. Defendants can still argue that their case may not have fallen under a 911 call or defendants can still argue that Rhode Island's Constitution goes further than the United States Constitution which still disallows stops based upon an anonymous tip.<br />
<br /> For more information regarding criminal cases or DUI cases please visit my websites at <a href="http://www.rhodeislanddefenselawyer.com/">www.rhodeislanddefenselawyer.com </a>or <a href="http://www.ridrunkdrivingattorney.com./">www.ridrunkdrivingattorney.com.</a>.
Anonymoushttp://www.blogger.com/profile/02726542944517148926noreply@blogger.com1tag:blogger.com,1999:blog-5751475906072418172.post-7665869300262975122014-07-13T10:55:00.003-07:002014-07-13T10:55:43.649-07:00New Gang Law Punishes Based On Affiliation Not ActionsThe Rhode Island General Assembly recently enacted RIGL 12-19-39. This legislation can be categorized as "feel good" criminal legislation dealing with gangs. <br />
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The new law adds a consecutive ten (10) year sentence to any crime if it is considered gang related. Clearly, the punishment is based solely on an affiliation and not based on criminal actions. The interpretation of what a gang constitutes is not clear and can be subject to many different interpretations. In addition, this law can clearly be used in a prejudicial manner. Groups of friends in the affluent suburbs may not qualify as a gang while another group of friends in the city may be construed as a gang. Almost no towns in the rural areas have specified gang units of the police to identify gangs in their areas. Conversely, many of the police departments in the inner city are quick to label all young adults as being associated with certain gangs. The legislation at hand will punish inner city defendants with a much more disproportionate sentence than similar individuals living outside of the inner city. For instance, a group of individuals in the inner city who are arrested for a narcotics nuisance (a place commonly used for use of illicit drugs) would be looking at a sentence of fifteen (15) years while a similar group in the outlying rural areas would only be looking at a maximum of five (5) years. <br />
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Another problem with this legislation is the challenges it will create when trying a gang related crime in a courtroom. This legislation states that the gang's primary activities would involve the commission of criminal or delinquent acts. This may bring into evidence numerous "bad acts" or crimes that a defendant is not involved in to prove that the gang that he is alleged to be in qualifies as a gang under the statute. The introduction of this evidence may make it impossible for a defendant to receive a fair trial on a charge he is facing based on unrelated crimes that he was never involved in. In short, if a jury hears that a certain gang is involved in drugs and prostitution that evidence may be admissible at a defendant's felony shoplifting charge even though that defendant was never involved with drugs or prostitution. <br />
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It is indisputable that gangs are a problem in Rhode Island. However, "feel good" legislation such as RIGL 12-19-30 as passed by the Rhode Island General Assembly casts a net that is too wide and will often lead to innocent people being convicted of charges they may not have done in addition it will lead to greater sentences for people that may not deserve them. <br />
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For more information regarding criminal defense please go to my website at <a href="http://www.rhodeislanddefenselawyer.com/">www.rhodeislanddefenselawyer.com</a> .Anonymoushttp://www.blogger.com/profile/02726542944517148926noreply@blogger.com1tag:blogger.com,1999:blog-5751475906072418172.post-36314673613174656562014-07-08T13:27:00.002-07:002014-07-08T13:29:05.400-07:00 Rhode Island DUI Law Harsher But FairerThis session, the Rhode Island General Assembly passed and the Governor signed into law new amendments to the already strict Rhode Island DUI law. Effective January 1, 2015, convicted DUI offenders with a BAC at 0.15 or above, repeat DUI offenders and DUI offenders who have repeatedly refused BAC tests will be mandated to install interlock devices in their vehicles.<br />
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However, this new law does address Rhode Island's long-term need of a hardship license. Rhode Island unlike Massachusetts does not have what many refer to as a "hardship" or "Cinderella" license. Many people in the state of Rhode Island who receive a DUI or Refusal conviction are almost certain to lose their jobs because of the impossibility of getting to work and from work. Many people that live in rural areas of Rhode Island do not have the benefit of public transportation therefore a conviction makes them unemployable. This new law gives judges the discretion to allow first time DUI offenders to drive to and from work if they have installed an ignition interlock system in their vehicle. This law only allows a temporary license with limited times for the sole purpose of allowing employment. <br />
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Now more than ever, it is important to hire a Rhode Island lawyer who concentrates in the area of Drunk Driving and criminal law. These new laws can be helpful but also can lead to more serious penalties. Lawyers who do not regularly practice in the DUI area may not be as well versed in these laws and their nuances.<br />
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The Law Offices of Michael J. Zarrella has concentrated on criminal defense and DUI defense for 20 years. Call him now at (401)523-5271 or visit his website at <a href="http://www.rhodeislanddefenselawyer.com/">www.rhodeislanddefenselawyer.com </a>or <a href="http://www.ridrunkdrivingattorney.com./">www.ridrunkdrivingattorney.com.</a>.
Anonymoushttp://www.blogger.com/profile/02726542944517148926noreply@blogger.com0tag:blogger.com,1999:blog-5751475906072418172.post-54244380298200527332014-07-01T17:26:00.000-07:002014-07-01T18:41:18.716-07:00New DNA law allows DNA to be taken from the wrongfully accused.<b>Individual Freedoms Take Another Hit.</b><br />
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This week Governor Chafee
signed a bill that requires anyone arrested for a violent felony have a
DNA sample taken from them. The old law required that DNA samples be
taken from only those people that were convicted of a felony. This new
law will allow the police to take DNA from wrongfully accused people.
The logic in the law is flawed.<br />
The idea that an individual would have to
give his or her DNA after a conviction is based on the premise that those
people lost certain rights when they committed the crime. Under the new
law, the police just need to arrest a person to get their DNA. The criminal case
does not even have to be charged. The police need to merely make an arrest to obtain a
person's DNA. This gives the police a unfair tool in getting people's
DNA. <br />
The proponents of the law will argue that it may help solve
crimes. If that is the case, why stop there? People that are
convicted of lesser crimes may pose more danger than people that are
wrongfully accused of a serious ones. In addition, DNA is not like photos
and fingerprints, those items can be destroyed or sealed. Rather, DNA goes into
a national data base and likely can never be taken out of that data base. There are supposed to be provisions to have the DNA taken out the database, but it often will not happen. If the cases is dismissed and the court orders an expungement it might come off, but under Rhode Island law not all dismissals can be expunged. In addition, many defendants that can have their case expunged do not know to file the paperwork. What about cases that have lessor included charges? So you are charged with a crime of rape and you are found not guilty, but you are convicted of resisting arrest. What happens then. You can not get that case expunged. What happens to your DNA. Furthermore, they is no way to track if the lab has taken the DNA out of the database. <br />
People
today are just to willing to give up rights! This country and this state were based on freedoms and liberty. Every time we give up a right, we are that much
closer to a police state. Anonymoushttp://www.blogger.com/profile/02726542944517148926noreply@blogger.com0tag:blogger.com,1999:blog-5751475906072418172.post-4569377663500614582014-07-01T14:57:00.000-07:002014-07-01T14:57:01.979-07:00Rhode Island Synthetic Drug Criminal Law Update <br />
The State of Rhode Island has enacted a new law which provides for strict penalties for the criminal charge of possession of certain quantities of a class of substances known as synthetic drugs. This law greatly expands the 2013 law which had placed synthetic drugs (both synthetic cannabinoids and synthetic cathinones) on the highly regulated Schedule I drug list in addition to banning the manufacture, sale and use of these drugs in the State of Rhode Island. Prior to this law, synthetic drugs were legally marketed and sold in Rhode Island under the names of "bath salts", "synthetic pot" and "herbal incense".<br />
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Under the recently enacted law, the penalties for the manufacture, sale or possession are as follows:<br />
<ul>
<li>one ounce to one kilogram of a mixture or substance containing a detectable amount of synthetic drug is punishable by imprisionment of up to 50 years and a fine of up to $500,000</li>
<li>more than one kilogram of a mixture or substance containing a detectable amount of synthetic drug is punishable by imprisonment up to life and a fine of up to $1,000,000</li>
</ul>
The State of Rhode Island has made clear through the enactment of these criminal laws that it wants to deter the manufacture, sale or use of synthetic drugs by enacting harsh penalties for those convicted of the crime.<br />
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The criminal prosecution of this law will require the police and law enforcement authorities to obtain special training in the area of synthetic drugs and will require the testing of the substance by the Rhode Island Department of Health. The test conducted by the Rhode Island Department of Health will determine whether the suspected substance is considered one of the illegal synthetic substances and critical in determining if the prosecution is warranted. <br />
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Defense of a charge of the manufacture, sale or possession of synthetic drugs will greatly hinge on such issues as the manner in which the evidence of synthetic drugs was obtained by the police, the propriety of the administration of the test of the substance and the accuracy of the test.<br />
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If you or a loved one have been charged with the manufacture, sale or possession of synthetic drugs, be sure to call an experienced criminal defense attorney who can successfully challenge the prosecution's evidence. The lawyer should be able to clearly explain the charges to you an set forth a well planned legal defense to the charge. Anonymoushttp://www.blogger.com/profile/02726542944517148926noreply@blogger.com0tag:blogger.com,1999:blog-5751475906072418172.post-69345952666451803192014-06-28T18:19:00.002-07:002014-06-29T07:33:31.636-07:00Criminal Defense Law Tip of the DayI am now starting a new trend on my blog as well as on my Google Plus Page. <br />
I am now offering the Criminal Defense Tip of the Day. These tips are intended to help people that may need help in the criminal defense field. I would like any feed back you may have regarding this. <br />
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Today's Criminal Defense Tip #1</h3>
Tip #1. Did you know that if the police are questioning you, once
you inform the police that you would like to speak to an attorney the police are supposed to refrain from asking you any more questions. So if you are being questioned by the
police, ask to speak to a lawyer. This should prevent the police from asking any further questions of you. Anonymoushttp://www.blogger.com/profile/02726542944517148926noreply@blogger.com2