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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 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 (RI) Criminal Lawyer / 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.

The formal arraignment is the court hearing where a criminal defendant either pleads not guilty, or nolo contendere to the criminal charges. Nolo contendere means the person is admitting to the charges but is not contesting them. A defendant should never plead guilty. A nolo contendere plea is not a conviction unless there is a suspended sentence, fine or jail time. The scope of this article does not pertain to expungement law or a detailed explanation of the different pleas and sentences that can be imposed.

It is usually a very bad idea for a person to plea nolo contendere without an attorney at the arraignment. However, there are exceptions to this rule especially if the person will be held as a probation or bail violator. It is usually very strongly advisable that the defendant pleads not guilty and retains a Rhode Island criminal Lawyer. If the accused cannot afford a private criminal attorney he or she should go to the Rhode Island Public Defender’s office.

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If the accused pleads nolo at the arraignment they will 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 the arraignment in District Court, the person will typically be released on bail after the person pleads not guilty. An accused should hire a Rhode Island Criminal Attorney to represent him / her 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 they will attend court for future hearings and / or trial. Personal recognizance is designated as an amount of funds. The accused does not actually pay any money! However, If the person fails to attend court in the future, the accused will owe that amount of money to the State of Rhode Island.

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.

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 cannot 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   the bail funds will be returned at the end of the case.

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 then 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. The scope of this article does not include an in depth analysis of bail / filing / probation violation hearings.

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 Criminal lawyer.

A misdemeanorin RI 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, writing bad checks, domestic vandalism, simple assault and battery, domestic disorderly, reckless driving, disorderly conduct, etc. There are different rules that apply to driving with suspended licenses and this article does not fully address those provisions.

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.

Originally published here.

Speeding and traffic tickets are a commonplace nowadays. Almost every driver with more than a couple of years of driving history has at least one. Common but harmful, traffic citations can have negative consequences for both your driver’s license and insurance rates. Either due to a specific type of violation or an accumulation of points, convictions can lead to suspension of your driver license.

Most People often mistakenly believe that they can simply take care of the “ticket” by “paying a fine”, so they just pay the ticket fine.  But in reality, pay the fine only means that you plead guilty to something. Once you pay the window fine through mail, you will be found guilty and in many cases the convictions will appear on your driving record. Convictions on your driving record can make your insurance rates go up substantially and you could even lose your license with enough points on your record. So, it’s is very important to fight every traffic ticket since each ticket on your record has an impact.

Fighting a traffic ticket can help eliminate or reduce traffic ticket fines, prevent an increase in vehicle insurance rates, prevent demerit point accumulation, and protect against a possible license suspension. It is important to hire an attorney for some routine tickets such as speeding, particularly if this is not your first offense but it is absolutely essential if you are ticketed for driving under the influence (DUI, DWI), driving with a suspended license or causing an accident. Traffic lawyers work closely with clients in taking the necessary steps to arrange a hearing involving their license, avoid jail, expunge their driving record, and reduce the charges against them.

The severity of a speeding ticket for a driver with a commercial driver’s license (CDL) is much greater than people with standard licenses. There are fewer options for case dismissals and it is harder, but not impossible, to reduce or fight to reduce the points. Traffic Tickets lawyers can be a huge help for CDL drivers. They help them maintain a clean driving record and protect their driving license and career.

Failure to take care of a traffic ticket in a timely fashion may lead to driver license suspension as well. So, if you receive a ticket, consider your options before paying the fine. Remember, that whether you are convicted of a relatively minor traffic offense like speeding or a more serious offense such as drunk driving, the financial cost to you will be much greater than the ticket price. Seeking the advice of a professional Traffic lawyers can go a long way in achieving a positive outcome.

Originally published here.

The simplest rule to avoid drunken driving charges and penalties — do not drink and drive. However, this may not be possible in certain instances. Many have no clue about how little mistakes can lead to serious trouble if you face stop and arrest on DWI (driving while intoxicated) charges.

Louisiana DWI laws are very stringent about punishing drunk drivers. Therefore, getting legal advice and representation is imperative. Most are aware of this, and yet commit mistakes. Avoid these and you may be able to defend yourself against the charges.

Delay in getting legal help — may hamper your case and increase problems. For a DWI charge in New Orleans, you only have 15 days to request the Department of Public Safety and Corrections for a hearing. If you do not get a lawyer to work on your case immediately, you may miss this deadline, and face license suspension.

Ignoring specialization of the legal practitioner — may cost you dearly. You do not visit a dentist for an eye infection. Similarly, you do not choose a divorce lawyer for your DWI defense. You need a lawyer specializing in the Louisiana laws to handle your case.

Underestimating the importance of experience — may also lead to difficulties. Just knowledge about the laws would be of no use if the lawyer has no idea about the way the legal process works. Whether it is plea bargaining or creating a defense strategy for trial, experienced lawyers can handle it with efficiency.

Placing too much emphasis on success rate — may lead to a wrong decision. Sometimes, a law firm may have 85% success rate, but when you probe deeper, you see that those cases did not involve any major complications, making them easier to win.

Opting for the law firm with the lowest fees — trying to save on this may end in disaster. The cheapest is not always the best option. Do not choose a New Orleans DWI law firm because of its cheap rates. Instead, focus on its reputation and reliability. Look for success stories, client testimonials, and such other proof of this.

Choosing competent legal aid and assistance on time can save you a lot of trouble. DWI conviction in Louisiana comes with penalties including jail term (6 months for the first offense, and more for subsequent ones), fines ($1,000-5,000), license suspension, substance abuse treatment, vehicle seizure and forfeiture, and so on.

Moreover, the record stays until you opt for expungement using the proper procedure.

On the other hand, you can opt for an explanation that there was legal justification for your act — as you felt dizzy and had to pull out in order to avoid an accident. Whatever the situation, if it was a mistake on your part, you had better seek legal help. Discuss the matter with an attorney to know what to do. Go through the lawyer directory to find a qualified traffic tickets attorney.

Originally published here.