Thomas Briody

  • Civil Rights, Criminal Law, DUI & DWI...
  • Rhode Island
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Practice Areas
  • Civil Rights
  • Criminal Law
  • DUI & DWI
  • International Law
  • Medical Malpractice
  • Personal Injury
Additional Practice Area
  • Car Accidents
Jurisdictions Admitted to Practice
Rhode Island
Professional Associations
Rhode Island State Bar
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Current
Legal Answers
12 Questions Answered

Q. In a first degree robbery if they got no weopon is it still a first degree in trail
A: The prosecution does not have to introduce a weapon into evidence to obtain a first degree robbery conviction. If there is testimony or some other evidence that a weapon was used, that should be enough, as long as guilt is established beyond a reasonable doubt.
Q. Can someone have 2 NCO’s against the same person in the same state? This is in RI.
A: If you have not been charged by information or indictment in the superior court within six months of your first appearance in district court, your attorney can move to have the district court complaint dismissed. But that does not mean your case is over. The Attorney General can still file an information or obtain an indictment after the complaint is dismissed. That's the reality. The only limit on bringing back the charges would be the statute of limitations, which is typically several years at a minimum. I suggest that you speak to your lawyer about the case and where it may go from here. Good luck.
Q. What are and aren't undercover drug cops allowed to do/say?
A: There is no simple answer. The law on entrapment is complex. In general, an officer cannot improperly induce someone to commit a crime. But it’s not illegal to offer the opportunity or chance to commit a crime. Example: “Wanna buy these drugs?” That’s okay.” “If I don’t get someone to buy these drugs, my source is going to kill me because I owe him money.” That’s not okay. The key is in the details. Police officers are not permitted to induce someone to commit a crime that he/she would not otherwise commit. Hope this answer is helpful.
Q. I was assaulted in the dark outside my apartment and did not see the attacker and accused my boyfriend after he found me
A: You need a meeting in private with an attorney. So does your boyfriend. Domestic violence cases have a high frequency of victims who recant their original statement to the police, and a prosecutor is not going to just dismiss the charge without some additional investigation. You are correct that there is a risk that you could be charged with making a false statement, but there is more to this. An attorney can help the both of you. Get in to see someone as soon as possible.
Q. never been in any legal problems but now the police press charges for a small. Stab wound am i going to a felonyforthis?
A: It could be a felony. The fact you have ‘never been in trouble’ before is relevant at sentencing, but not in the decision to charge you. You need to have a private discussion with a lawyer who you retain to defend you and explore ways to defeat the charge or mitigate any punishment. I hope my answer helps. Good luck.
Q. Hello my father my grand farther We’re just involved in a domestic violence incident
A: You cannot ‘drop’ charges once the police file them. You can help your father by getting him a lawyer who can work with the prosecutor and make sure that he or she knows you were not injured and you don’t want to go forward. An experienced lawyer will make a big difference here, but you need to act NOW. Don’t wait and try to fix it yourself. Good luck.
Q. Should you turn yourself in for wanted in questioning to the police station that you are wanted at or courthouse ?
A: Not without an attorney! If the police are looking for you in order to "question" you, the best thing you can do is to contact a lawyer. If there is a warrant, the attorney can accompany you to surrender, and make sure that the police do not question you. If you cannot afford a lawyer, you should say nothing to the police other than "I want to speak to a lawyer before any questioning." In other words, you have a right to remain silent, and you should use that right until you get appropriate legal advice. The prisons of this country are filled with people who tried to "wing" it, or who thought that the police were going to help them, or who simply didn't realize that what they were saying could hurt them. A lawyer can't change the facts of what happened, but he or she can help protect a person who is suspected of a crime by giving them advice and an understanding of their rights and the law. Good luck.
Q. If I hurt my attacker as a measure of self-defense, is the DA still allowed to file criminal charges against me?
A: It depends on the specific facts. Self defense works only when one us reasonable force in response to a threat. It’s a fact intensive inquiry. You should speak directly and in private with a lawyer.
Q. I was found not guilty om domestic charges. However i was the victim. Can i press charges on her on that same crime?
A: You can try. Without the facts, it’s hard to say if you will be succeed. If you were found not guilty, it doesn’t mean you you didn’t do it. It means the prosecutor couldn’t prove it. That’s the same burden the prosecutor faces in a new case. You might want to have a private consultation with a lawyer. Don’t try to explain it here. Good luck.
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