Federal Sentencing Considerations
If convicted of a federal crime, either after trial or by admitting guilt, the court will eventually get to the business of imposing sentence. Federal judges must consider several bodies of...
View ArticleAn Overview of Forfeiture Proceedings and the Innocent Owner Exception
Forfeiture proceedings are initiated when either the state or federal government seizes your property, and wishes to permanently deprive you of your ownership rights to it. Under both state and...
View ArticleUnderstanding Rule 35 Credit to Reduce Federal Criminal Sentences
Federal Rule of Criminal Procedure 35 permits the correction or reduction of federal criminal sentences under certain circumstances. Sentences may be corrected based upon arithmetical, technical, or...
View ArticleThe Knock and Talk as An Investigative Tool
Law enforcement agents utilize various tools, tactics, and procedures to conduct criminal investigations. Examples include, but are not limited to: search warrants, physical and electronic...
View ArticleHiring the Lawyer That is Best For You
Hiring a Licensed and Experienced Attorney When in Need of Legal Representation When hiring or consulting with an attorney, it is advised that you do so with a person licensed to practice law in your...
View ArticleCommunity Caretaking Function Exception to the Warrant Requirement
The Fourth Amendment of the United States Constitution protects us from unreasonable search and seizures. A warrantless search is considered unreasonable under the Fourth Amendment unless a recognized...
View ArticleMiranda Warnings Not Required at Traffic Stops
When an individual is held in police custody and subject to questioning reasonably likely to produce incriminating responses, police are required to provide Miranda warnings, which are derived from...
View ArticleCruel & Unusual Punishment
Under the Eighth Amendment to the United States Constitution, no person shall be required to pay excessive bail or fines, nor endure any cruel and unusual punishment. If an individual is convicted of...
View ArticleDiversion Program Intake Interviews in Rhode Island
The Rhode Island Superior Court Diversion Program was developed to provide first-time felony offenders, who are charged with a qualifying felony, to avoid standard criminal prosecution. This popular...
View ArticleBeware of the Body Worn Cameras and Dangers of Inadvertent Self-Incrimination
The Growing Prevalence of Body Worn Cameras (BWC) in Law Enforcement Police departments and law enforcement agencies across the country, including those in Rhode Island and Massachusetts, are...
View ArticleVenue in Criminal Cases
Understanding Venue in Criminal Cases Venue refers to the physical place or location where a criminal trial occurs within the United States. Proper venue affords a criminal defendant the right to be...
View ArticleProperty Curtilage is Constitutionally Protected by the 4th Amendment
The 4th Amendment and Property Curtilage Under the Fourth Amendment, individuals are protected from unreasonable searches of their homes and property, including the curtilage of their homes, in the...
View ArticleRemorse by Criminal Defendants After Trial
Understanding Remorse in the Criminal Justice System The topics of remorse and acceptance of responsibility by criminal defendants comes up often after trial and at the time of sentencing. Defendants...
View ArticleDirect and Circumstantial Evidence in Rhode Island
We have all seen courtroom TV and movie dramas where evidence becomes a linchpin. One side has—sometimes literally—a smoking gun, while the other side declares the evidence to be ‘purely...
View ArticleGender Bias in Domestic Violence Criminal Cases
Domestic violence is a hot topic in modern society, and as such, the criminal justice system has adopted various procedures and resources for processing domestic violence criminal cases. Police...
View ArticleUnderstanding Drug Weight and Testing in Criminal Cases
Drug weight and testing are important factors when evaluating criminal charges for drug crimes. The weight of an illegal narcotic may determine if the charged crime(s) is a misdemeanor or a felony....
View ArticleRhode Island’s Firearm Magazine Limit Law is Alive and Well
Rhode Island’s Firearm Reform: A Step Towards Curbing Gun Violence In December 2022, the State of Rhode Island implanted various firearm reform laws, which legislators claim were aimed at curbing gun...
View ArticleThe Need for Victim Participation in Domestic Violence Cases
Understanding the Dynamics of Domestic Violence Prosecutions Domestic violence crimes are victim-based offenses where the defendant is accused of causing harm to another person with whom he resides,...
View ArticlePrimer on Types of Cellphone Evidence
The Essential Role of Cellphones in Modern Life Cellphones have become an integral part of modern life. We use them to communicate by phone, text message, email, and mobile applications. Cellphones...
View ArticleDefense of Others as an Affirmative Defense at Trail in Rhode Island
Understanding Affirmative Defenses in Criminal Law The criminal law recognizes few affirmative defenses. A person accused of a crime may be legally justified in committing the crime where an...
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