When you have been involved in a Rhode island or Massachusetts incident that involves injuries such as a car wreck, a personal injury lawsuit may be the best recourse for seeing justice served. Keep in mind that accepting a motor vehicle crash settlement from an insurance company cancels your right to sue. This is because the insurance adjuster will require a release waiving your rights to pursue compensation as a result of the RI motor vehicle accident.

Personal injury attorney in Rhode Island

This means that even the best personal injury attorney in Rhode Island  could not bail you out of a bad decision to accept pennies on the dollar for your negligence cause of action. Speak with a Rhode Island and Providence Plantations automobile collision personal injury attorney before you agree to settle any insurance claim. This tort law post will help you to know the basics of a personal injury lawsuit to illustrate why a East Providence truck accident lawyer or motorcycle accident attorney is so important.

Who Can Initiate Litigation?

If you are injured in an accident, you can file a lawsuit for damages. There are 2 major types of personal injury lawsuits, each one intended to address a different set of circumstances:

• Negligence – This is the most common type, and is used to address a situation when someone causes you harm by failing to follow safe procedures, acting carelessly or failure to utilize due care. Auto accidents, bike crashes, semi- truck collisions and slip-and-fall injuries are two common examples of negligence injury tort claims.
• Intentional Tort – This type of claim is brought against someone who intentionally causes harm or injury. If you are physically attacked, that would be grounds for an intentional tort lawsuit.

Strict Liability  is when the party who causes you harm did not act negligently, recklessly or intentionally, but still can be held responsibility for the injuries in Providence Superior Court.

What a Rhode Island personal injury lawsuit entails

Once a suit has been filed and a court date established, your Rhode Island Personal Injury Lawyer will be given the opportunity to present your case to the court. This includes revealing any information or evidence that supports your case. You can only file a personal injury lawsuit once, so having a clear line of causality is essential. Personal injury attorneys in RI can help you gather and organize your evidence, including:

• Police reports and documentation
• Witnesses and supporting information
• Physical evidence
• Photographs or video of the incident

Where to file personal injury lawsuit

Most personal injury lawsuits must be filed in the state where the incident occurred or in a state that is connected to the defendant. An automobile accident suit is usually filed in the state where the accident happened, but may be filed in the state where the owner of the at fault vehicle resides. Similarly, a slip and fall suit might be filed in the state where the accident happened, or it may be tried in the state where the company maintains a primary office. A personal injury lawyer  in Rhode island is a huge benefit in deciding where to file.

When to Seek Legal Help

Anyone who feels they have been wrongfully injured has a right to seek legal recourse. Once the decision has been made, you must file suit within a specified period of time from when the injuries occurred. This is called a statute of limitations.  One reason it is important to have a Providence premises liability or car accident lawyer in your corner is to have someone on your team who knows the legal requirements and can help you get the paperwork done on time.

Why an Insurance claim is not enough

Insurance companies will always attempt to keep the cost of an incident to a minimum level. When injuries are involved, those costs may continue for years, which is why quickly settling a claim with the insurance company could result in insufficient funds to handle the long term implications. Your Warwick, Cranston or Woonsocket lawyer will work to get you the full amount that you deserve, and is willing to take on the other person’s insurance company to get it for you.

Most cases settle out of court

One reason many people with solid legal claims do not file suit is because they are afraid of investing large amounts of time in the Providence Superior  Court battle. The fact is, the vast majority of personal injury lawsuits are settled out of court.
In practice, a single consultation with a RI personal injury attorney will often be enough to let them know whether the case has sufficient merit. If it does, the  Rhode Island auto accident attorney will take your case for no initial cost, applying all expenses and billing to the final settlement. If you do not win the case, the attorney does not get paid, so they have a lot riding on resolving your case in a satisfactory manner.

Most RI Auto Accidents and tort claims are litigated in Superior Court: Nearly all personal injury, semi-truck and pedestrian accident lawsuits are brought in the first instance in Providence, Kent, Washington or Newport County Superior Court. More info here The subject matter jurisdiction for slip and fall and injury litigation in the Superior Court of RI is over $5,000.  Rhode Island Personal injury Lawyers usually reject filing bus accident, car crash and premises liability cases in district court.

Injury cases rarely litigated in District Court

There are three two reasons why RI Personal Injury Attorneys avoid Providence Sixth Division District Court RI car accidents lawsuits.

1)      The RI District Court has no subject matter jurisdiction for liability claims over $10,000. The Court has concurrent jurisdiction for motorcycle accident injury cases from $5,000 to $10,000

2)       The District Court is a court of no record and appeals are de novo to the Superior Court.  Therefore, a Bike or bicycle wreck injury verdict in District Court becomes a nullity if appealed by the Insurance company negligence defense attorney. Therefore, the injury litigation could be considered a waste of time if an appeal is timely filed.

Statute of Limitations for most Negligence Claims

The Statute of limitations for car accidents, slip and fall, wrongful death, pedestrian accidents, truck collisions and most negligence causes of action is three (3) years in Rhode Island. Therefore, a personal injury lawsuit must be filed within three years after the date of the crash, incident or mishap. “(b) Actions for injuries to the person shall be commenced and sued within three (3) years next after the cause of action shall accrue, and not after, except as provided for otherwise in subsection (c) herein.”   § 9-1-14  Limitation of actions for words spoken or personal injuries.

Comparative fault law in Rhode Island

RI is a pure comparative fault state which means that a person who is more than 50 percent at fault for a RI accident can still obtain damages based on the percentages of relative fault. For Example: A drunk motorist stops his automobile in the middle of the highway, intentionally, in order to text his friend and is rear ended by a speeding reckless driver who is high on marijuana. If a jury determines the automobile motorist who stopped his motor vehicle on the highway was 99 percent at fault for the car wreck then that motorist would  still be entitled to 1 percent of his medical bills, pain and suffering and Damages.

Rear End Car Accident Liability in Rhode Island

Most States have different laws regarding rear end car collisions. In Rhode Island, If a motor vehicle hits another truck, motorcycle or a semi-truck than “a prima facie case of negligence against the driver of the car in the rear is established * * *.” Maglioli v. J.P. Noonan Transportation, Inc., 869 A.2d 71, 75 (R.I. 2005). Id.  Roland DeMaio et al.v.Raymond A. Ciccone et al.

Texting while driving in Rhode island

§ 31-22-30  Text messaging while operating a motor vehicle “The legislature’s intent when drafting and enacting section 31-22-30 (b) was to prohibit inattentive driving caused by composing, reading, or sending text messages. SeePartington, 681 A.2d at 260.” Id. STATE OF RHODE ISLAND v. JASON KILSEY

 In a wrongful death case in RI, how are compensation / damages divided between the grieving loved ones of the deceased? ½ of wrongful death judgment or fatal car accident settlement amounts received go to a widow or husband of the person killed in the crash. The other half of the fatal crash compensation goes to the children of the victim of the deadly collision. law

RI helmet law

In Rhode Island and Providence Plantations, only new motorcyclists and motorcycle operators younger than 21 are legally mandated to wear protective motorcycle helmets.  Motorcycle helmets often prevent traumatic brain injury and substantially reduce the amount of fatalities as a result of biker collisions. The RI motorcycle helmet law, 31-10.1-4, is set forth below and can be found at:

Pursuant to the laws in Rhode Island, subsequent remedial measures may be admissible to prove the negligence and liability of a wrongdoer who is liable for an accident. This subsequent remedial measures law, typically, comes into play in a premises liability or slip and fall (trip and fall) mishap.  If the landowner is able to add lighting, signage or remedy the dangerous condition on the property than such remedial measure is admissible to prove the owner is negligent.

Duties of insurance companies to their Insured to settle cases for under policy limits: ASERMELY

The Supreme Court of Rhode Island determined that if a written demand is made within the policy limits that is not accepted by the indemnity company then the insurance company is on the hook for the entire jury award even if it is above the policy limits. ASERMELY v. ALLSTATE INSURANCE COMPANY 728 A.2d 461 (1999).

Duty to clear snow

The Rhode Island Top Court sitting in the capital city of Providence utilized the “Connecticut rule” when the highest authority stated “…landlord or business inviter owes a duty to a tenant or business invitee to use reasonable care to see that the common areas are kept reasonably safe from the dangers created by an accumulation of snow and ice which is attributed to purely natural causes.”  BERARDIS v. LOUANGXAY et al 969 A.2d 1288 (2009) Nonetheless , the RI Supreme Court determined that “The landlord or inviter, however, must be afforded a reasonable time after the storm has ceased to remove the accumulation. ”Id.

Post accident interest

Post-accident interest in RI is 12 percent which is automatically tacked on any judgment or verdict.

Providence County RI includes: the following cities and town in RI: Burrillville Pascoag  Central Falls  Cranston  Cumberland East Providence Johnston Lincoln North Providence  North Smithfield Pawtucket Providence Scituate Smithfield Woonsocket

The Insurance Company’s goal is to give you as little compensation as possible for your RI personal injury claim. Insurance adjusters will attempt to delay processing your claim. They will search for inconsistencies in your medical records and your description of the Rhode Island auto accident. Rhode Island Personal injury Attorney, David Slepkow has 15 years of experience negotiating with the Insurance Company to get you the best Personal injury Settlement.

Here are some tips to get the best RI Accident Settlement:

1)  Some RI Car Accident Attorneys are too afraid to file a lawsuit to get you the compensation you deserve.  Rhode Island Personal injury Attorney, David Slepkow  401-213-8073 will file a lawsuit if necessary in order to get you the best RI Car Crash settlement. A Lawsuit costs the Insurance Company more money to resolve your claim. In many cases the Insurance Company would rather increase the personal injury or slip and fall settlement offer then pay a big legal fee to their RI Lawyers.

2) The insurance company will not pay you for time periods when you are not receiving medical treatment. According to insurance a Do not djusters, if you are not treating you’re not hurting. Do not have unnecessary medical treatment. However, follow your doctor, chiropractor and medical provider’s advice. Get all the medical treatment that you need!

3) Do not provide blanket signed medical releases to the Insurance Company. Your Rhode Island Automobile Accident Lawyer will collect your medical records and send them to the Insurance adjuster.

4) Do not post any information, pictures or videos on your Facebook, Twitter or other social media feed which do not support your claim that you are injured or disabled. If you are claiming you are unable to work as a result of a construction accident in Rhode Island, pictures of you running a half marathon will not help your injury cause of action.

Rhode Island Negligence and Personal Injury cases are almost never filed in Rhode Island District Court. RI District Court has exclusive Jurisdiction when the amount in controversy is $5000 or less.

Concurrent Jurisdiction

The RI District Court has concurrent Jurisdiction with Superior Court for matters between $5,000 and $10,000. There are several important reasons why Rhode Island Car Accident Lawyers rarely file accident cases in district Court:

De Novo appeal

1) A Rhode Island District Court case can be appealed De Novo to the Rhode Island Superior Court. This means that if a timely appeal is filed in District Court the case will start all over again in Rhode Island Superior Court. “De Novo” means “of new”. Therefore, whatever happened in District Court will have no prejudicial effect on the Rhode Island Superior Court case. Many Rhode Island Lawyers believe it is a waste of time and resources to litigate a case that can be so easily appealed.

Damages exceeding $10,000

2) Most RI Personal injury cases have damages exceeding $10,000 and therefore it makes no sense pursuing the matter in Rhode Island District Court. RI Accident Lawyers do not want to concede at the start of the case that their Premises Liability or other personal injury case is worth under $10,0000.

A Rhode Island Personal injury may be eligible to be filed in Federal court if the strict jurisdictional requirements of Federal Court are met. Rhode Island personal injury and vehicle crash Lawyer David Slepkow has authored hundreds of posts and articles concerning Motor Vehicle Accident Laws. These post are in depth and informative. Some of the best RI car Accident and Negligence Posts can be found below:

“The most common types of personal injury claims are road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, on a cruise ship, product defect accidents (product liability) and holiday accidents. The term personal injury also incorporates medical and dental accidents (which lead to numerous medical negligence claims every year) and conditions that are often classified as industrial disease cases, including asbestosis and peritoneal mesothelioma, chest diseases (e.g., emphysema, pneumoconiosis, silicosis, chronic bronchitis, asthma, chronic obstructive pulmonary disease, and chronic obstructive airways disease), vibration white finger, occupational deafness, occupational stress, contact dermatitis, and repetitive strain injury cases. Depending upon the intent or negligence of a responsible party, the injured party may be entitled to monetary compensation from that party through a settlement or a judgment. In the United States, this system is complex and controversial, with critics calling for various forms of tort reform. Attorneys often represent clients on a “contingent fee basis” in which the attorney’s fee is a percentage of the plaintiff’s eventual compensation, payable when the case is resolved, with no payment necessary if the case is unsuccessful. Typically, a Plaintiff attorney charges 1/3 of the proceeds recovered if a case is settled out of court or 40 percent if the matter proceeds to trial. These sums are negotiable before hiring an attorney. Legal aid from the government may not be available; for example it was largely abolished in England in the late 1990s and replaced with arrangements whereby the client would be charged no fee if her or his case was unsuccessful.^{[2]” https://en.wikipedia.org/wiki/Personal_injury}

Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.

Many people use online social media sites including Facebook, Twitter, LinkedIn and others to stay connected with associates, family and friends. Many individuals update their social network site including their profile and status on a daily basis.

Online social media websites are a vast collection of personal and professional information that is available to nearly anyone with an Internet connection and a social media account. While this media provides many benefits including reconnecting a long-lost friends, as a marketing tool or to network, it also poses potential dangers during  Rhode Island personal injury litigation.

Tactical litigation tool to destroy your reputation and character

There are significant pitfalls to using Facebook, Twitter and other social media sites during Providence Superior Court personal injury litigation. When you adopt a social network site as a personal outlet, it can be acquired during routine discovery. The information can be entered into evidence as an effective strategic and tactical litigation tool to destroy your reputation and character. Because of that, Rhode Island attorneys that handle personal injury litigation and RI car accident claims will often advise their client to avoid  or be careful using social network sites during the entire negligence litigation process.

In addition to posting photos and updated status being especially harmful when seeking a personal injury claim for compensation, a “Liked” location or activity can provide opposing counsel guarded insight into your personal life.

Before Filing a Claim or Suit

Providence Personal injury attorneys will often discuss the dangers of using social network sites long before sending a demand letter or filing a complaint. As a part of the initial process of evaluating a claim, RI slip and fall lawyers often advise clients to enable their private settings in each social media account. Changing the setting to completely “private” can offer protection of personal information and prevent it from being seen by others. In addition, it can make it more challenging for opposing counsel to gather the information through informal discovery when taking depositions, issuing subpoenas and gathering evidence through interrogatories and document requests.

Avoid Deleting

Deleting or modifying any existing posted social media activity at any stage of personal injury litigation is off-limits. This is because as a litigant in an active personal injury case, you are obligated to preserve any relevant evidence that you know, or reasonably suspect, will be requested by the other side. Any alteration or deletion of social media information would breach your legal obligation and may be considered a crime. Avoiding any alteration or deletion of social media information early on can prevent a costly and difficult process of having it retrieved.

Tell Family and Friends

Rhode Island Personal injury attorneys  and Warwick car crash lawyers will often have their client  to notify family and friends of the potential dangers of posted social media. This is because Rhode Island personal injury attorneys representing the defendant in a personal injury case will often seek additional information on you by viewing profiles and data posted on the social media sites of your closest friends and family members. It is essential to warn everyone you spend time with to avoid posting photographs or public updates about you and themselves until the conclusion of your personal injury litigation.

In many incidences, lawyers and insurance company claims adjusters utilize social media network sites to build a challenging defense of a filed claim for compensation. In many incidences, they will comb through Twitter, Facebook and other sites searching for evidence that can be used against you or cast doubt on your credibility.

East Providence auto accident

Protecting your rights and legal options after filing a claim for compensation for your East Providence automobile accident claim is essential to a successful outcome. Avoiding any type of online post on your site or the side of family members and friends is crucial to minimize the potential of having the information used against you during an out-of-court settlement negotiation or when presenting the evidence at trial.

Rhode Island criminal lawyer, David Slepkow authored this in depth legal article about RI criminal misdemeanor law.

What is a Rhode Island Criminal Misdemeanor?

A misdemeanor is any offense punishable by up to one year in jail. Typical misdemeanors are: driving under the influence of alcohol / drunk driving (dui / dwi), shoplifting, domestic assault, Second (2nd) offense refusal to take the breathalyzer, driving on a suspended license (3rd offense)*, writing bad checks, domestic vandalism, simple assault and battery, disorderly conduct, domestic vandalism etc.

*1st and 2nd offense driving on a suspended sentences are now decriminalized. There are different rules that apply to driving with suspended licenses and this article does not fully address those provisions.

Rhode Island criminal defense lawyer

It is important that this criminal law article only be used for informational purposes and not as a substitute for seeking independent legal advice from a Rhode Island Criminal Defense Lawyer. It is a very bad idea for a person to represent themselves (pro-se) in a criminal case. Please note that this article only applies to Rhode Island misdemeanor offenses and does not apply to any other states!

After an arrest will the accused be released from police custody?

• If a person is arrested for a criminal misdemeanor in Rhode Island (RI) there are several potential scenarios.
• The police could hold the accused and bring him to Court for an arraignment in District Court in the morning.
• The police also could call a justice of the peace / Bail Commissioner who could arraign the accused at the police station and release the person.
• The bail commissioner could also set bail in order for the person to be released.

It is usually not advisable for a person to give a statement to the police without a Rhode Island criminal attorney. However, there are exceptions to every rule! The accused who is arraigned by the justice of the peace must still attend a more formal arraignment in District Court after he / she is released from police custody.

BAIL AND ARRAIGNMENT

What is a criminal arraignment? Will I be released on bail? Should I take a plea at an arraignment? The formal arraignment is the court hearing where a criminal defendant either pleads not guilty, or nolo-contendere to the criminal charges. These pleas are described in detail below.

Should I take a plea deal at an arraignment without a Rhode Island Criminal Defense lawyer?

• NO! It is usually a very bad idea for a person to plea nolo contendere without an attorney at an arraignment.
• However, there are exceptions to this rule especially if the person will be held as a probation or bail violator.
• It is usually strongly advisable that the criminal defendant pleads not guilty and retains a Rhode Island criminal lawyer. If the accused cannot afford a private criminal attorney, he should contact the Rhode Island Public Defender’s office.

What is a criminal arraignment? Will I be released on bail? Should I take a plea at an arraignment?

If the accused pleads nolo at the arraignment, hewill be sentenced to a filing, probation , suspended sentence or jail time. Usually, the accused will work out a plea agreement with the police officer prior to pleading nolo contendere at an arraignment.

What is personal recognizance?

At the arraignment in District Court, the accused will typically be released on bail after the person pleads not guilty. An accused should hire a Rhode Island criminal attorney to represent him at an arraignment. For minor misdemeanor offenses, bail is usually personal recognizance which means the person does not have to come up with any actual funds.

• A defendant released on personal recognizance, has to promise that he will attend court for future hearings and / or trial.
• Personal recognizance is designated as an amount of funds.
• However, the accused does not actually pay any money!
• If the accused fails to attend court, the accused will owe that amount of money to the State of Rhode Island.

What is cash bail?

If the Rhode Island (RI ) District Court judge orders cash bail then the accused must pay that amount in cash to be released. If it is cash bail than the defendant cannot post property.

What is bail with surety?

If the person is repeat criminal offender, the allegations are particularly bad, the person has a history of not attending court or for other reasons, then the court could set bail with surety. This means that the person only has to pay 10 percent of that amount or post property valued at full amount. If a person can not come up with ten percent then they can hire a bail bondsman who will post that amount for a fee. a Bail bondsman’s fee is usually reasonable. If the person attends all Court dates then they will get that money back at the end of the case.

What happens at an arraignment if I am already on bail, on a one year filing or on probation?

If the person arrested was out on bail for a previous offense, is on probation, is in the midst of a one year filing, suspended sentence or deferred sentence than the judge can hold the person as a”violator” pending a hearing. The judge can refuse to set bail and hold a person as a violator at the aci for ten business days which could be up to 14 days.

There will be a hearing 10 days later in which the person will be accused of violating probation or bail and also stand trial on the new charges. Please see below for more information

What is the most advisable plea at an arraignment and what happens next?

At the arraignment, A person should almost always say not guilty and hire a RI criminal attorney. If a person cannot afford a criminal lawyer in RI, then the person should go to the Public Defender. After the arraignment the matter will be set for a pretrial conference a couple of weeks later. In some very limited circumstances a person can work out a plea deal at the arraignment. It is usually a very bad idea for a person to enter into a plea agreement without an attorney.

PRETRIAL CONFERENCE

What happens at the pretrial conference?

At the pretrial conference a person can change their plea from not guilty to nolo contendere if they agree to the sentence offered by the prosecutor after meeting with the prosecutor and or the judge and after finding out what the prosecutor is offering for a a sentence. A defendant can negotiate with the prosecutor through their lawyer. If a plea agreement cannot be worked out at the pretrial conferences the matter will be set for trial. The matter also could be scheduled for motions prior to the trial if motions are requested.

A person should never change their plea from not guilty to nolo contendere or guilty without a plea deal from the prosecutor.

PLEAS

What types of pleas are there in Rhode Island?

In Rhode Island, a defendant can enter one of four pleas:

• guilty,
• not guilty,
• nolo contendere or an
• “alfred plea”.

Guilty and Not Guilty Pleas

The pleas of guilty and not guilty are obvious. If the plea is not guilty then the matter will be scheduled for a trial on the merits in which the prosecution must prove beyond a reasonable doubt that the person is guilty of the alleged offense. The person will be presumed innocent and it is the prosecutions burden to prove that the person is guilty. Usually, it is a very very bad idea to take a guilty plea! Guilty pleas or a finding of guilt after a trial is always a criminal conviction in Rhode Island.

Nolo Contendere Plea

What is a nolo-contendere plea?

Nolo contendere means a person is not contesting the charges. When a defendant takes a nolo contendere plea in Rhode Island, the defendant is indicting that he does not want to contest the charges but is also essentially admitting to the charges.

What is the difference between a guilty plea and a nolo contendere plea in Rhode Island?

There is a huge difference! A guilty plea is always a criminal conviction under Rhode Island law. A criminal conviction has major negative implications especially when a person applies for employment. A plea of nolo contendere may not constitute a criminal conviction in Rhode Island. A plea of nolo contendere is only a conviction in Rhode Island if there is a sentence of confinement (such as the ACI or home confinement), a suspended sentence or a fine imposed.

For example, A plea of nolo contendere with a sentence of probation and a contribution to the violent crimes indemnity fund or court costs will not constitute a conviction under Rhode Island law! For example, A plea of nolo contendere with a sentence of a filing and a contribution to the violent crimes indemnity fund (vcif) will not constitute a conviction under Rhode Island law.

However, anything with a fine attached to it will be a conviction under Rhode Island law. Therefore, it is important that the defendant gets either no fine or a contribution to the victims fund or court costs rather then a fine.

All misdemeanor plea agreements in Rhode lsland should be nolo contendere with court costs or a contribution towards the victims indemnity fund rather then guilty pleas!

Alfred Pleas

What is an Alfred Plea?

• Alfred Pleas are strongly disfavored by judges in Rhode Island (RI) and are difficult to get.
• Alfred pleas derive from a United States Supreme Court case.
• In an Alfred plea, a defendant will admit that the state has sufficient evidence to convict him or her if the case went to trial but will not admit to anything.

Guilty Finding after Trial and appeals de novo

If the defendant is found guilty after trial the sentence will constitute a conviction. If a person is found guilty at trial in RI District Court they can appeal de novo (of new) to the Superior Court and the conviction will be erased and the case will essentially start all over again in the Superior Court. Obviously, the defendants best result is either a dismissal by the prosecution or an acquittal.

APPEAL

Can I appeal if I am found Guilty after Trial?

A defendant has two days to file an appeal of a guilty finding after trial or appeal a plea agreement that he / she is unhappy with. In the Superior Court appeal, the defendant has a right to a trial by jury. Whereas, in The District Court a person waives their right to a trial by jury but in exchange for their waiver of their right to a trial by jury has the right to appeal any guilty finding de novo (of new) to the Superior Court. A person charged with a misdemeanor essentially has two bites of the apple so to speak. A defendant can attempt to win at a judge decided trial in District Court and then if they lose they can do it all over again with a jury trial in Superior Court.

PENALTIES AND SENTENCES

What is a “filing” in Rhode Island?

• If the defendant takes a not guilty plea or a nolo contendere plea then the case will be “filed” for a year. This is commonly called a “filing”.
• If the defendant does not get arrested or get in other trouble and complies with the conditions of the filing during the one year period then the case is dismissed
• If the accused is not violated, the filing can be easily expunged from a person’s record after the year.

What types of filing are there in Rhode Island

There are two types of filings, not guilty filings and nolo contendere filings. A not Guilty filing is when the defendant maintains his innocence and the case if filed for a year. A not guilty filing is not usually allowed by Judges in the District Court. Not Guilty filings are extremely rare in the District Court. Some judges will not allow not guilty filings as a matter of policy. Not guilty filings are very beneficial to the defendant as the best case scenario short of a dismissal or not guilty finding because if the person is accused of a new crime or violating their filing the state will need to still prove their underlying case.

A nolo contendere filing is when the defendant admits to guilt and the case is filed for a year. The vast majority of filings are nolo contedere filings! A major difference between a not guilty filing and a nolo contendere filing is when a person is violated for a not guilty filing then the state / prosecution must prove guilt at that time. Whereas, if a person is violated for a nolo contendere filing, the judge simply must impose a sentence because the person has already admitted guilt to that offense.

If the person violates his filing by not complying with the conditions of the filing then the persons filing can be revoked by the Court. If a person takes a nolo contendere filing and gets into further trouble, violates the conditions of the filing or is arrested on a new offense then the person will be hailed back into court to be sentenced on the filing. (unless the filing was a not guilty filing which means the prosecution must prove the defendants guilt) There are various conditions that can be put on a filing inluding alcohol and drug counseling, domestic violence counseling or classes, restitution, no contact with the victim and community service.

Violation of conditions of filing

Please note, that a person who has a filing can be held for up to ten busines days at the ACI if arrested for a new charge / crime. Judges typically do not hold people for 10 days when the new charges are minor. However, some judges may threaten to hold someone as a violator unless he or she accepts a probation.  A person who is on a filing must be very careful that he / she stays out of trouble.

If the person is violated from the terms and conditions of the filing then hypothetically the filing could become a conviction because that person has already admitted to the charges by pleading nolo contendere and giving up his right to contest the charges. Court costs will be imposed if there is a nolo contendere filing in a criminal case.

What implications are there for domestic violence offenses in Rhode Island?

If the underlying charge is for a domestic offense such as domestic assault / domestic vandalism or domestic disorderly conduct then the defendant will be ordered to have no contact with his wife girlfriend or the victim as the case may be. If the defendant violates the no contact order then the defendant will be charged with a separate criminal offense of violating a no contact order as well as violating the conditions of the filing or probation, as a result of the communication.

Probation in Rhode Island

If a person recieves probation then they will need to abide by the conditions of the probation and agree to keep the peace and be of good behavior. If a person violates his probation by being arrested for a new crime then the person may be held in Jail at the ACI as a probation violater. After ten days a person has the right to a hearing. At the probation violation hearing, the prosecutor must only convince the judge so that the judge believes by a preponderance of the evidence that the person violated the probation by committing the new offense. Also the person will be prosecuted for the new offense as a separate charge from violating the probation. There is a good chance that if a person is violated for his probation that the probation which was originally not a conviction will now ripen into a conviction.

A probationary period is a time of great risk for a defendant and a defendant must be careful to stay out of trouble!

A person can also be violated for his probation for various infractions that may not be criminal acts but that violate the conditions of probation such as not keeping probation informed of new addresses, leaving the state without permission, not paying court costs or restitution, not properly reporting to the probation officer, etc. When a person is under probation in Rhode Island he or she is essentially is in a contract with the state to keep the peace, be of good behavior and comply with the conditions and rules of probation.

What is a probation with a suspended sentence in Rhode Island?

If the charges are serious or the person has a lengthy criminal record of has already been placed on probation before then in addition to the probation, the judge may attach a suspended sentence. A person who has a suspended sentence is in a period of extreme risk because a new offense could lead to substantial jail time!

A suspended sentence is always a conviction under Rhode Island law. A person with probation and a suspended sentence attached will not spend anytime in prison unless the person violates the conditions of his probation as set forth above.

The period of the suspended sentence is the most time that a person could spend in prison if the person violates the conditions of the probation or commits a new offense. If the person violates the probation, the judge could sentence the person up to the amount of time that is suspended. Please note that the person could get additional sentence and or penalties as a result of the new charge. It is in the defendants best interest to have the period of suspended sentence to be as short as possible. The suspended sentence typically is for the same amount of time as the period of probation.

Please note that if the offense is driving on a suspended license there are special rules that apply that are set forth in the statutes. Most prosecutors and judges believe that each sentence should be more severe then the last. A person’s first minor offense is likely to lead to only a filing which is the lowest form of penalty in Rhode Island. A person usually will only be allowed one filing. It is important that this criminal law article be used for informational purposes only and not as a substitute for seeking legal advice from a Rhode Island lawyer.

NO CONTACT ORDERS

No Contact Orders in Rhode Island explained

• A “no contact order” means that the defendant is precluded from having any contact and or communication with the victim or the person under the protection of the no contact order.
• This includes but is not limited to letters, emails, text messages or messages delivered through a third party.
• In other words if a person is under a no contact order and sees the victim in public they must leave the area immediately and not acknowledge the victims existence.
• A person cannot even say “hi” if they walk by the victim by chance on the street.

Be very careful! A person can be arrested for violating a no contact order even if the victim initiates the contact and calls the defendant. A person can be charged with breaking a no contact order even if invited by his wife to come back to the marital home. Even if the victim tells you that the no contact order has been dropped, do not take the victims word for it. You must see the piece of paper signed by the judge dismissing the no contact order before any contact or communication is initiated. A no contact order expires when the sentence period is finished. However, be careful because there may also be a restraining order issued as a result of a divorce or family court matter or a District Court restraining order.

A person who is on probation or a probation attached to a suspended sentence must be even more vigilante in order to not violate the no contact order. For example, a single phone call made by the defendant to a victim under the protection of a no contact order probably means a minimum of ten 10 days in jail at the ACI. We are not talking about the local town jail but the ACI.

DUI / Drunk Driving charges

In Rhode Island, any plea to drunk driving, driving under the influence, DUI/ DWI is a conviction under Rhode Island law. A breathalyzer refusal plea of guilty or “admitting to sufficient facts” is not a criminal conviction because a breathalyzer refusal is a civil case.

EXPUNGEMENT IN RI

Rhode Island Liberal expungement Policy & Background Information.Rhode Island (RI) has some of the most liberal expungement laws in the United States. If you are eligible for an expungement, why not get those menacing and harmful criminal records erased, sealed or destroyed! If a criminal record is expunged you are legally allowed to tell others that you have no record.

In order to get a Criminal record expunged in Rhode Island, a motion must be filed and a Court hearing is required. You should contact a Rhode Island Criminal Law expungement Attorney / Lawyer. It is not advisably to file an expungement without a RI lawyer.

Expungement of Dismissed records:

The general rule is that dismissed criminal charges (48a) can always be expunged unless the person has a prior felony conviction. This portion of the statute uses the standard definition of a conviction- a fine, suspended sentence or jail.

Should dismissed charges be expunged?

Many people don’t realize that records of alleged crimes that are dismissed should be expunged / erased. Even though the case was dismissed, there is still an indication on the Rhode Island criminal computer records and on your Bureau of Criminal Identification (BCI) report that you were charged with the criminal offense.

The public can easily view the dismissed records and other Rhode Island criminal records online by googling “rhode island criminal records.” Many people will assume that you did something wrong even if the case was dismissed. Some people will assume that you just “got off on a technicality” or that you are a bad character by the very fact that you were charged. A criminal record could effect your ability to secure employment and often is required to be disclosed on an employment application. A criminal record could also effect your ability to obtain government benefits or a employee promotion.

Are there dismissed charges that cannot be expunged immediately?

A dismissed charge may not be able to be expunged if the related charges cannot be expunged. For example, if you were charged with three offenses related to the same incident and 2 were dismissed but the third you received a sentence of probation. You would have to wait until the probation charge could be expunged until the other dismissed charges could also be expunged. The reason for this is because you cannot destroy portions of a file! I believe the primary reason for this rule is because it is logistically impossible to expunge a charge when there are other records in a related incident that cannot be expunged.

For example, John was charged with domestic assault, failure to relinquish telephone and disorderly conduct arising out of a domestic dispute with his wife related to their pending divorce. John received probation on the disorderly conduct. The assault and failure to relinquish phone charges were dismissed. John would not be allowed to expunge the two dismissed charges and would need to wait five years after completion of the probation to dismiss all the charges.

Expungement of Not Guilty findings.

The general rule is that not guilty findings after trial by a judge or jury can be expunged. However, if the not guilty finding relates out of the same incident for another charge which cannot be expunged then the not guilty finding cannot be expunged. Pursuant to Rhode Island Law the following types of cases can always be expunged: Dismissals, No information, Not Guilty unless the person has a felony conviction on their record

Expungement of one year filings

A filing is a penalty that is typically offered for first time offenders for relatively minor misdemeanors. A filing is the lowest form of penalty available and is always better than probation for an accused. A filing is when the case is put aside for a year and if the person stays out of trouble for a year then the case is eligible to be expunged and destroyed at the end of the year.

A domestic filing such as domestic assault, domestic failure to relinquish telephone or domestic disorderly conduct cannot be expunged for three years. A domestic offense involves the victim as a wife, family member or someone who the accused has been in a substantive dating relationship with.

If a person gets in further trouble during the filing period then the person may be “violated” and the person sentenced again for violating the filing. A person must be very careful to stay out of trouble during the filing period. If the person is charged with a new crime, the person will be brought before the Court as a violator as well as charged with a new crime.

If a person is not violated during the filing period then a filing can be expunged even if there are other offenses after the filing. An unlimited number of filings can be expunged so long as the person was not found to violate the filing. Be careful, do not forget to have your filing expunged at the end of the year! It is not automatic. A certified copy of the expungement order must also be sent to the Rhode Island Attorney General ‘s office and the local police department that pursued the criminal charge.Remember, Under RI Criminal Law, A plea of nolo contendere with a filing and no fine is never a conviction.

Expungement or convictions, suspended sentences, deferred sentences, jail sentences or probation

A misdemeanor or felony conviction is any sentence with a fine, suspended sentence or period of incarceration. Even though probation or a deferred sentence do not constitute convictions under Rhode Island Law they are treated the same way as convictions for expungement purposes. A misdemeanor case with the following sentence can be expunged five years after the completion of the sentence or probationary period: probation, suspended sentence, deferred sentence, stayed sentence, fine, jail.

One misdemeanor conviction can be expunged 5 years after  the end end of a sentence if  certain requirements are met

One misdemeanor convictions can be expunged five years after the completion of the sentence or probationary period so long as the person does not have another conviction. This specifically includes domestic violence offenses and dui offenses.

5 misdemeanor convictions can be expunged 10 years after the misdemeanor sentence is completed but the following offenses are not included in this law:

• Domestic violence offenses
• DUI offenses / Drunk driving
• people with a prior felony conviction

All offenses that have been decriminalized such as marijuana possession offenses can be expunged.

David Slepkow is a Rhode Island Criminal Defense lawyer concentrating in criminal law, dui / dwi, breathalyzer refusals, slip and fall, restraining orders/ no contact orders, divorce, family law, child custody / support / visitation  and personal injury. David Slepkow is a Rhode Island lawyer concentrating in Family Law. David has been practicing for over 26 years and is licensed in Rhode Island, Massachusetts and Federal Court.

Legal Notice per RI Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer/ attorney as an expert or specialist in any field of practice.

 

Rhode Island Criminal Lawyer, David Slepkow, aggressively and effectively represents clients in RI Criminal Misdemeanors. David represents clients in the following types of Criminal Law Matters:

• Domestic Assault
• Disorderly Conduct
• Vandalism
• DUI / DWI,
• Breathalyzer Refusal
• Simple Assault
• Shoplifting
• Writing Bad Checks
• Probation Violations
• Larceny
• Obtaining Money Under False Pretenses
• Violation of No Contact Orders
• Violation of Restraining Orders
• Expungements

Experienced RI Criminal Defense Lawyer, David Slepkow prides himself on providing aggressive representation to his clients. David Slepkow also concentrates in Rhode Island Divorce and Family law. Many criminal matters are intertwined with divorce and family law.

David uses his  extensive experience to help his clients with Criminal matters related to the Family relationship. Please email David Slepkow for any questions or inquiries.Rhode Island Criminal Attorney David Slepkow has Authored Numerous in Depth Articles Concerning Rhode Island Criminal Law.

Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice

 

This is a crazy story out of Rhode Island. A judge in the Ocean State arrested an innocent victim in an unprecedented strong arm tactic! This woman was essentially victimized twice.

Handcuffed woman was an innocent victim

The victim of a  serious hit and run Accident in Woonsocket, Rhode Island was physically handcuffed, detained  and seized by police as a result of a RI  Superior Court Judges’ order. Apparently the judge believed that force was the only way to get this victim to Court to explain herself.  The Providence Court issued a “body attachment” for a victim who apparently ignored a lawfully issued subpoena from the  Superior Court. Read the Providence Journal Article below.

A heavy handed tactic by justice

In a rather unusual, heavy handed tactic, a victim of a very serious crime was essentially arrested. Why was an innocent victim of a very serious crime forcibly dragged to Court by authorities?  The woman was seized to verify the authenticity of a letter of forgiveness to the hit and run criminal perpetrator. After a subpoena was apparently not complied with or ignored, the  judge determined that a civil arrest was the best way to determine the letters authenticity.

“Despite the sincerity of Vanmoerkerque’s testimony, the judge was not amused that Feliciano’s role in the creation of the letter had been deliberately hidden from her before she agreed to accept the plea agreement. Amy Kempe, spokewoman for the attorney general, said later that Feliciano paid Vanmoerkerque the visit on Feb. 25, two days before she agreed to plea guilty in return for “a capped sentence” of no more than five years at the Adult Correctional Institutions, half the maximum. Whether any jail time was ordered would have been at the judge’s discretion. After listening to Vanmoerkerque, a sullen-faced Feliciano rose to face the judge, with her hands buried in her pockets. “Get your hands out of your pockets, I’m sentencing you,” the judge scolded. Vogel wanted to know how the letter came to be notarized, but Feliciano initially refused to answer the question. After a brief chat with her lawyer, Tom Hanley, she told the judge she had help from a friend. In the end Vogel ordered Feliciano back to court on May 15 for resentencing. Under state law, she faces a maximum of 10 years in jail, plus suspension of her driving license for up to five years.”  In unusual move, Judge Vogel revokes plea deal | The Woonsocket …

Legal Notice per Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.

David Slepkow  was honored to be sworn into the exclusive United States Supreme Court Bar. This honor was a culmination of 15 years of legal excellence by RI lawyer David Slepkow.  Selected by major Law school  to receive a “golden ticket”  to the swearing in ceremony in Washington DC at the United States Supreme Court was a natural extension of David’s passion for justice and helping his clients.

David has 22 years in the trenches at Rhode Island Family Court

David is also honored to receive a Superb rating by AVVO. AVVO is a  leading Legal Information provider.  David is best known for dozens of stellar 5 star reviews from his legal clients.

 Accomplished attorney, David Slepkow, wins 5-0 at the RI Supreme Court

David is also a member of the Rhode Island Bar, the Massachusetts (MA) Bar and the United States Supreme Court Bar. David Slepkow has authored hundreds of legal articles and blog posts concerning all areas of  RI law including: Car accidents, Child Custody, RI Criminal law, RI Divorce, construction accident, premises liability, wrongful death, fatal car accident, truck accident, motorcycle crash and Bus Accidents. David has an extensive legal background which includes a meaningful win at the Rhode Island Supreme court.  David Challenged an incorrect decision of a Rhode Island Judge and was able to convince 5 Supreme Court Justices to vacate the wrongful decision in a unanimous  5-0 decision.

Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.