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IF SOMEONE offered you a million dollars to give up television for the rest of your life, would you do so? Some years ago 1 in 4 Americans surveyed said that they would not. Another survey asked men what they wanted most. The majority said that they desired peace and happiness. But this came second on their wish list. What they wanted first in life was a big-screen television!

Television is immensely popular throughout the world. Back in 1931, when television was in its infancy, the chairman of the Radio Corporation of America said: “The potential audience of television in its ultimate development may reasonably be expected to be limited only by the population of the earth itself.” Those words may have sounded far-fetched at the time, but they do not today. The number of televisions worldwide is estimated to stand at 1.5 billion, with many more viewers. Love it or hate it, television plays a major role in people’s lives.

The time that many people devote to television is astonishing. Recently, a global study showed that, on average, people watch TV for just over three hours each day. North Americans watch four and a half hours daily, while the Japanese top the list at five hours per day. Those hours add up. If we watch four hours daily, by age 60 we will have spent ten years in front of the screen. Yet, none of us would want inscribed on our tombstone: “Here lies our beloved friend, who devoted one sixth of his [or her] life to watching TV.”

Do people watch hours of television because they enjoy it? Not necessarily. Many believe that they spend too much time watching TV and feel guilty that they haven’t used their time more productively. Some say they are “TV addicts.” Of course, you cannot become addicted to TV in the same way that a person becomes addicted to narcotics, though there are similarities. Addicts devote much time to the drug they use. Though they want to reduce that time or quit the habit, they can’t. They sacrifice important social and family activities to use drugs, and they suffer withdrawal symptoms when they abstain. All these symptoms can occur in people who watch a lot of television.

Identity theft is a definite threat to us all, effecting hundreds of people everyday across the globe. There are insurance policies that can be taken out in order to cover yourself against ID theft, but this may not be necessary, as there are a number of measures you can take to help you to avoid becoming a victim, most of which rely on simple common sense.

ID theft is a technique used by criminals allowing them to benefit financially through claiming they are you, for example taking out loans, applying for credit cards etc. all in your name.

One of the issues in tackling this type of fraud is that the police have limited resources, especially  as a large number of these criminals are not even in this country.

Doing all you can to avoid becoming a victim of ID theft is easier than you may think and being aware of the following points could save you a lot of grief.

1.      Ensure that all of your important documents and financial related documents are stored in a safe place out of sight. These include official documents such as passports and driving licence documents, as well as financial documents such as bank and credit card statements, bank account details, insurance documents etc.

2.      Frequently monitor your bank accounts and credit card statements to ensure there are no suspicious transactions. If possible, set up internet banking for all banking products as this will allow you to regularly check statements without having to wait for your monthly statements. Online banking is also very secure, with many banks now providing customers with card readers which generate pass codes that must be used when logging in to your account, or making a payment. If you do notice anything that looks suspicious, contact your bank or credit card provider immediately.

3.      Buy a paper shredder. You can pick one up from £5 to £30 and you can use it to shred any official documents that you don’t need to keep. This includes the obvious such as bank statements, but also any loan or credit card application forms, and even junk mail that has any of your details i.e. name, address, telephone number etc. Simply throwing these documents away could result in them falling into the wrong hands.

4.      Make sure you are aware of when your regular financial documents arrive, ensuring you are aware of anything out of the ordinary, for example you haven’t received your credit card bill for 7 weeks.

5.      At least once a year, apply for a copy of your credit file to check all current finance arrangements in your name, allowing you to spot anything unusual.

6.      Never give out sensitive information over the phone unless it was you that made the call or are 100% sure that the call is legitimate. For example, you receive a call from somebody claiming to be your bank asking for details such as your full name, DOB and Mother’s maiden name. These are types of information that fraudsters will want to get hold of, so be vigilant.

7.      Never trust emails claiming to be your bank or Credit Card company. Some of these emails can look extremely convincing and the irony is that many of them claim to require your details to help tackle fraud. You can usually spot these emails as the URL that you are required to click may appear to be the official site, but on closer inspection you will see it is in fact close, by hovering your cursor over this link. You will then be re-directed to a spoof page that looks genuine but is actually used to steal your login details.

8.      When moving house, subscribe The Royal Mail’s redirection service. This will ensure all mail addressed to you ends up with you.

9.      Check your bills as soon as they arrive in the post. If there’s anything suspicious contact your bank or Credit Card company immediately.

There are a few main techniques employed by criminals to carry out ID theft. These include:

Bin Diving

Going through your bins searching for bills or other documents containing your personal information.

Skimming

Used to steal credit/debit card numbers using a special storage device. This can be avoided by keeping your card on you or in view when making payments.

Phishing

Claiming to be a legitimate financial institution to gain your trust then push you to reveal your personal information.

Changing Your Address

Diverting your bills, statements and other sensitive documents to another address by filling out a change of address form.

Old-Fashioned Stealing

Stealing wallets; mail etc. to get enough information about you.

Pretexting

Used to obtain personal information from a number of sources such as financial institutions, telephone companies, and other sources by impersonating you

Once an identity thief has successfully acquired your personal information, they can use it for a number of different things.

Credit card fraud:

* A new credit card can be applied for in your name. The card can then be used to get credit and all unpaid bills will appear on your credit report, damaging your credit history.

* By changing your address, they could run up charges on your account but you will be unaware as you are not getting the bills. It could be some time before you notice anything unusual.

Phone or utilities fraud:

* A new phone or wireless account could be opened in your name, or even utility services like electricity, water, or satellite television.

Bank fraud:

* Counterfeit checks made with your details.
* Bank accounts opened in your name.
* Credit or debit card cloned allowing them to use your cards.
* A loan taken out in your name.

Government documents fraud:

* Used to get official ID cards such as a driving licence under your name but with their picture.
* Use of your details to get government benefits.
* Fraudulent tax return made using your information.

Other fraud:

* Qualify for a job using your personal information
* Rent a property in your name.

These days, most banks have intelligent anti-fraud systems that recognise any unusual activity on your card, for example you withdraw money from a cash point in the UK and later that day money is withdrawn from an ATM  in Canada.  

When taking out a credit card, you will probably find that you are offered some kind of anti-theft insurance to protect you against fraud. But the fact is that ID theft is heavily promoted and sometimes over exaggerated to help sell the product.

According to a spokesman from the UK’s fraud Prevention Service – the CIFAS, ID theft is still a relatively rare crime, but it is on the increase.

So as long as you’re cautious with who you give your personal information to, keeping it in a safe place, shred all unwanted documents containing your information, you should remain safe from fraud.

Jesus Christ, Sabbath, addictions, physical dependency, psychological dependency, drug addictions, alcohol addictions, substance abuse, psychoactive drugs, narcotics, stimulants, sedatives, compulsive behavior, neurobiological disorder, intermittent explosive disorder, kleptomania, gambling, pyromania, and trichotillomania

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What is a 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, 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.

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. 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 (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.

BAIL AND ARRAIGNMENT

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

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 lawyer?

NO.! 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 says not guilty and retains a Rhode Island criminal lawyer. If the accused cannot afford a private criminal attorney they should go to 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 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.

What is personal recognizance?

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.

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 an attorney. If a person cannot afford a lawyer 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 canchange 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

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

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 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 and 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. A person who is on a filing must be very careful that he / she stays out of troubl.

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 is “reasonably satisfied” 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 adresses, 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 defedant. 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 reult 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.

This article is an in depth and in detail explanation of Expungement law in RI as of August 2008. Expungement law and policy is in a state of flux. The legislature is attempting to make expungement policy even more liberal, while the governor is trying to make it more difficult to expunge records. Even the Supreme Court of Rhode Island (RI) has recently weighed in on expungment matters. These three branches of government are in disagreement concerning expungement policy.

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 recieved 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.

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.

At the initial arraignment, a person with a filing will probably be violated and can be held for 10 days in jail without a hearing.-If the person takes a plea deal on the violation of the filing or probation and a plea agreement on the new charge then neither of the charges can be exunged.

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.

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, the Rhode Island State Police 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.

A felony conviction, suspended sentence or probation / deferred sentence can be expunged ten years after the completion of the sentence or probationary period. Under the current state of Rhode Island law you cannot have any conviction, suspended sentence , fine or probation expunged if you have another conviction, suspended sentence , fine or probation on your record.

Expungement of felony deferred sentences

Pursuant to a recent supreme Court case, deferred sentences are treated the same way as convictions for expungement purposes. If a person receives a 5 year deferred sentence on a felony charge, the person is not eligible to have the charge expunged until 10 years after the deferred sentence has concluded.

This new rule is very unfair because judges and attorneys have been advising defendants that after a 5 year deferred sentence that they would be able to get the record expunged. Now the Supreme Court is pulling the rug out from underneath people who were promised that their deferred sentence could be expunged when they finished their sentence. Please note that the Rhode Island legislature was recently attempting to make it easier to expunge deferred sentences but this legislation was recently veteod by the governor.

Crimes of Violence issues

Certain crimes of violence can never be expunged and R.I.G.L § 12-1.3-1. states:-”Crime of violence” includes murder, manslaughter, first degree arson, kidnapping with intent to extort, robbery, larceny from the person, first degree sexual assault, second degree sexual assault, first and second degree child molestation, assault with intent to murder, assault with intent to rob, assault with intent to commit first degree sexual assault, burglary, and entering a dwelling house with intent to commit murder, robbery, sexual assault, or larceny.

Noticeable absent from the definition of crimes of violence is “assault.” It could be argued that assault is not a crime of violence as it relates to expungement. If the legislature intended that assault could not be expunged they would have included it in the list.

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.

David Slepkow is a Rhode Island lawyer concentrating in criminal law, dui / dwi, breathalyzer refusals, restrianing orders/ no contact orders, divorce, family law, child custody / support / visitation and personal injury.

David Slepkow is a Rhode Island lawyer concentrating in divorce, family law, child support,custody and visitation. David has been practicing for over 9 years and is licensed in rhode Island , Massachusetts and Federal Court.

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Venus Crystal bracelet of ancient legends Po

50-70 years in the 16th century, the Spanish expedition to the Americas along the track of Columbus, from the Indians plundered the hands of numerous gold and silver jewelry, and then loaded the cabin home. Gemstone suppliers Among all the gold and silver jewelry, crystal bracelet with a most eye-catching the most expensive and this makes the bracelet bearing on the survival of Spain. Bracelet was given to Spain’s Religious artifacts Venus, due to caregivers of embezzlement, Po bracelet spread to the folk. Goddess predicted that treasure bracelet involves the survival of Spain, for the King of Spain was furious to launch people across the country to find treasure bracelet. By chance, they learned from foreign businessmen there whereabouts of a golden bracelet. King immediately ordered the minister to send men to treasure the bracelet back, Secretary of State when it starts to bring his daughter. As the Minister of greed, treasure bracelets, while in the back, but moving the other Wainian, wantonly looted. Minister acts greedy Indians caused great anger. Thus, Indians together to form a fleet in Los ambush near Ho Tokushima. When the minister’s fleet to Dallow Howard Tokushima, when surrounded by the Indians did give four weeks, defeated the Spanish fleet in one fell swoop. As the minister take the main ship with too much gold and silver jewelry, after a battle, gemstone wholesalers can no longer sustain the ship would sink. Minister and his daughter and the men’s entourage also sank.

Everything is gone, the remaining Spanish fleet fled back to Spain, the Indians also driving the boat back. Smoke after the war seems to mean the coming disaster in Spain.

The second day in the sea, the sea apart from a few pieces of broken wood floating deck, the sea looked very quiet. A sailing ship channel to the area, distant objects attracted glittering ship navigators, that the object is not only sparkle and growing movement. Voyager find it very strange, for several years sailing experience, but had never come across such a thing. To understand this mystery, vessel speed up the speed to catch up with the moving objects. That is the Minister’s daughter, and enabled this to her is a beautiful dolphin, that is, Northland Philippines, and shiny objects are set in the mouth of the crystal dolphin treasure bracelet. jewlery supplier in china .

Navigator with a minister’s daughter and the golden treasure crystal bracelet back to the Spanish king to reward the behavior of this name navigator, wholesale gemstone so he replaced the minister of the position, and will minister’s daughter, betrothed to the navigator. Spain saved, and treasure the bracelet of Venus to prosper under God.