New Gang Law Punishes Based On Affiliation Not Actions

The Rhode Island General Assembly recently enacted RIGL 12-19-39.  This legislation can be categorized as "feel good" criminal legislation dealing with gangs. 

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. 

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. 

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. 

For more information regarding criminal defense please go to my website at www.rhodeislanddefenselawyer.com .

Rhode Island DUI Law Harsher But Fairer

This 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.

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.

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.

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 www.rhodeislanddefenselawyer.com or  www.ridrunkdrivingattorney.com..

New DNA law allows DNA to be taken from the wrongfully accused.

Individual Freedoms Take Another Hit.

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.
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.  
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.
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.

Rhode Island Synthetic Drug Criminal Law Update

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".

Under the recently enacted law, the penalties for the manufacture, sale or possession are as follows:

• 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
• 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

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.

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.

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.

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.

Criminal Defense Law Tip of the Day

I am now starting a new trend on my blog as well as on my Google Plus Page.
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.

Today's Criminal Defense Tip #1

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. 

Attorney Michael Zarrella Announces a NOT GUILTY Verdict in Superior Court Jury Trial

Rhode Island Criminal Defense Attorney Michael J. Zarrella announces that he has started 2013 with a NOT GUILTY Verdict on behalf of a client facing 2nd degree child molestation.   The three day trial began on January 8, 2013 in Providence Superior Court and on Friday January 11, 2013 the twelve member jury rendered a NOT GUILTY verdict on behalf of his client.  This verdict follows a successful 2012 in which Attorney Zarrella obtained three not guilty jury verdicts in felony cases.

 

 

Attorney Michael J. Zarrella Posts 3rd Not Guilty Jury Verdict of 2012

The Law Offices of Michael J. Zarrella is proud to announce Attorney Zarrella's third not-guilty jury verdict of 2012.

November 7, 2012 Attorney Michael Zarrella announces a NOT GUILTY verdict secured on behalf of a client facing breaking and entering with intent to commit larceny and felony conspiracy charges. 

CHARGES:
(1) Breaking and Entering
(2) Conspiracy to Break and Enter
POLICE REPORT: The Client was accused of Breaking and Entering a business and committing larceny.  The Client's ex-girlfriend accused the Client of stealing her pass code to the business and then breaking into the business and committing said larceny of cash.  The case proceeded to a jury trial in the Providence Superior Court beginning on November 5, 2012.  Jury rendered a verdict of NOT GUILTY after the conclusion of the trial.  This is Attorney Zarrella's THIRD  NOT GUILTY VERDICT of 2012.