Claimed Lawyer ProfileQ&A
- Civil Rights
- Criminal Law
- DUI & DWI
- International Law
- Medical Malpractice
- Personal Injury
Additional Practice Area
- Car Accidents
Jurisdictions Admitted to Practice
- Rhode Island
- Rhode Island State Bar
16 Questions Answered
- Q. Hi. 11- 5- 16 Assault on a health care provider.still a felony? Also a person over 60 with b/I a felony assault also.
- A: Yes and yes. Both felonies, but there are intent requirements ( knowing and willful, for health care providers, for example).
- Q. What are the specific elements that must be proven? Can the principal be convicted by aiding and abetting?
- A: Depends on the facts. In some circumstances, am aiding and abetting charge would be appropriate. You need to consult with an experienced criminal lawyer.
- Q. How do I get my fiancé out of something that shouldn’t have happened and got arrested for domestic
- A: You (or he) needs an aggressive attorney. If you are the complaining witness, you can cooperate with that attorney and let the prosecutor know that you do not wish to go forward with any charges. Sorry I cannot be more specific, but this question requires more details about the facts. Good luck to you.
- Q. is it illegal to spit on someone or throw an item at them
- A: Yes. It could be considered an assault. Depending on several factors, either one could be a misdemeanor or a felony.
- 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.
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