Criminal Defense – Rhode Island Attorney
Criminal
law embodies the statutes defining criminal
offenses, including how offenders are
to be charged, tried, and punished. If you are
facing criminal charges in Rhode Island such as DUI / DWI (Drunk Driving) charges, narcotics possession, or intent, assault, homicide, burglary,
rape, or any other criminal charge, CONTACT Joshua Macktaz, a Rhode Island Defense
Attorney today for a free, initial consultation
to discuss your case. I have extensive Criminal
law experience in the State of Rhode Island.
Click Here to view recent Successful Criminal Case Defenses
by Attorney Macktaz
Some of
the areas we typically handle cases for:
(Click on a topic below for more information)
• Assault and Battery
• Bail and Bond proceedings
• Breathalyzer Refusal
• Disorderly Conduct
• Domestic
Violence
• Drug and Narcotic Offenses - Marijuana, Cocaine
• DUI - DWI
- Drunk Driving Defense
• Expungement
• Juvenile Offenses
• Marijuana Crimes
• Parole / Probation
• Prostitution and Solicitation for Sex
• Sex Offenses
• Shoplifting and Petty Theft
• Suspended Drivers Licenses and License Restoration
• Theft, Grand Larceny,
and Burglary
• Traffic Violations
• Violent Offenses
• White Collar Crimes
Assault
An assault
is an intentional act that causes an apprehension
or fear of imminent harmful or offensive contact
based on a defendant's present ability to do so.
The defendant must have the apparent ability to
commit the assault, even if he or she is not actually
capable of causing an injury. An assault is committed
even if the contact never occurs.
Intent
A defendant
must intend to commit assault. Thus, a plaintiff
must prove that the defendant intended either
to cause the apprehension or fear of contact or
to cause the actual contact itself. The plaintiff,
however, is not required to show that the defendant
had any feelings of ill will or malice towards
the plaintiff. The defendant's intent may also
be transferred so that an intent to cause apprehension
or contact upon one person actually causes another
person to be placed in apprehension.Examples of
acts that constitute an assault include swinging
a fist at a person without hitting him or her,
holding a loaded or unloaded gun to a person's
head without firing, and throwing an object at
one person that causes a nearby person to be placed
in apprehension. Examples of acts that do not
constitute assault include telling a person that
he or she will be harmed at a future date and
sneaking up behind a person with a gun to his
or her head and walking away before the person
is aware that the actor had a gun.
Battery
A battery
is an intentional physical contact with a person
without his or her consent that results in bodily
harm or is offensive to a reasonable sense of
dignity. An act is a battery if it causes physical
pain or injury to a person's body. It may also
be an act that is offensive to a reasonable person.
Ordinary bumping that occurs while walking through
a crowd is generally not offensive to a reasonable
person; however, intentionally pushing people
in a crowd out of the way may be offensive to
a reasonable person. In addition, a defendant
may be liable if he or she commits an act that
would not be offensive to a reasonable person
but that offends a sensitive plaintiff, whom the
defendant knew to be a sensitive person. The defendant
need not actually touch the plaintiff using his
or her body; the contact may be caused indirectly.
Also, the plaintiff need not be aware that the
contact actually occurred, unlike the requirement
in assault cases that the plaintiff must be aware
and be placed in apprehension of a contact.
Intent
A defendant
must intend to make contact with a plaintiff to
constitute a battery. The defendant may be liable
for a battery even if he or she did not intend
to harm the plaintiff. The defendant may also
be liable for a battery even if he or she intended
only to commit an assault if he or she acts with
such intent and accidentally causes the offensive
contact. Examples of acts that constitute a battery
include playing a joke on a person that involves
offensive contact, performing surgery on the incorrect
portion of a person's body, throwing an object
at a person, and poisoning a person's drink. Examples
of acts that do not constitute a battery include
tapping a person on the shoulder to ask a question
and touching a person as passengers board a crowded
subway.
Assault
and Battery
An assault
and battery is the intentional touching of a person
without an excuse. A battery almost always includes
an assault. However, it may not include an assault.
For example, if a defendant sneaks up behind a
person and strikes him or her without the person's
prior knowledge that the contact was about to
take place, there is no assault because the person
was not placed in apprehension of the contact.
Damages
A plaintiff
may recover monetary damages for an assault and
battery, depending upon the type of injury. However,
the plaintiff need not prove damages in order
to hold a defendant liable for a battery. If the
plaintiff receives physical injuries, compensatory
damages may be available to compensate the plaintiff
for medical bills and lost income. The plaintiff
may recover nominal damages if an offensive contact
occurred but did not cause physical injury. Punitive
damages are also available if the defendant's
conduct was outrageous.
Defenses
An actor
who has otherwise committed an assault and/or
battery may not be liable for his or her actions.
If a person has consented to being touched, an
actor is not liable for a battery. An actor may
use reasonable force in self-defense or to defend
another person if he or she reasonably believes
that he or she or another person is about to be
harmed. Under certain circumstances, an actor
may also use reasonable force to defend his or
her property. Parents and others in disciplinary
roles are also privileged to use reasonable force
in disciplining a child.
Contact Rhode Island Assault and Battery Lawyer Joshua Macktaz by Email or call today at (401) 861-1155 and we will respond
to you as soon as possible.
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Bail
and Bond proceedings
A person
arrested for a minor offense (called an arrestee)
is generally given a citation at the scene and
is released immediately. The citation tells the
arrestee when to appear in court. Persons arrested
for more serious offenses are put in jail unless
they can pay bail.
What
is Bail?
An arrestee
(or his/her family or friends) gives cash or property
to the court to guarantee that the arrestee will
appear in court. An arrestee has a right to release
on bail for most offenses except murder and violent
felonies. If the arrestee appears in court, the
amount of bail is refunded.
What
is a Bail Bond?
If an arrestee
cannot pay the full amount of the bail, he/she
can buy a bail bond. A bail bond is a guarantee
by a third party (called a surety or bond seller)
to pay the arrestee's bail. A bond is given to
the court. If the arrestee fails to show up in
court, the court keeps the bond. A bail bond generally
costs about 10 percent of the bail amount. So,
if bail were set at $2000, the premium for the
bail bond would be $200. Even if the arrestee
appears in court, this $200 will not be refunded.
The surety may also require an arrestee to put
up collateral (valuable property) for the bond.
If the arrestee fails to appear, the surety gets
to keep this property.
Who
Sets Bail?
It is the
judge's responsibility to set bail at the arrestee's
first appearance in court. However, most jails
have bail schedules for common crimes. If the
bail is paid, the arrestee will be released immediately.
If the arrestee cannot afford the amount of bail
set by the jail schedule, he/she can ask the judge
to lower the bail.
What
is Release on Personal Recognizance?
The judge
can decide to release the arrestee on his own
recognizance (sometimes called O.R. or R.O.R.).
No bail is posted, and the arrestee simply promises
to appear in court.
Are
There Any Limits to the Amount of Bail?
The Eighth
Amendment to the United States Constitution prohibits
excessive bail. The amount of bail should not
be more than what is reasonably necessary to keep
the arrestee from fleeing before trial. In practice,
however, judges often set very high bail for drug,
rape, or murder cases. This acts as preventative
detention, and keeps the arrestee in jail until
a verdict is reached.
Contact Rhode Island Bail and Bond Lawyer Joshua Macktaz by Email or call today at (401) 861-1155 and we will respond
to you as soon as possible.
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Drug
and Narcotic Offenses
Each state
and the federal government have laws against the
unlawful use, manufacture, and distribution of
drugs. The purpose of these laws is to reduce
the unlawful consumption of drugs, reduce drug-related
crimes, and severely punish repeat offenders and
major drug dealers. Drug Schedules Federal drug statutes classify controlled substances
according to "schedules." The Attorney
General has the authority to delete, add or reschedule
substances. State schedules refer to or are based
on federal schedules. Drugs included on these
schedules are referred to as "Controlled
Dangerous Substances" ("CDSs"). Punishment Ultimate punishment
for drug crimes generally depends on:
•
The quantity of the drug.
•
Its classification under the schedules.
•
The purpose of its possession. The most serious
drug crimes are:
•
Producing illegal drugs
•
Manufacturing drugs
•
Selling drugsFor example, a person "dealing"
(selling) five or more ounces of heroin or cocaine
can be jailed for more than 10 years.Possession
of drugs with the intent to distribute them is
also a serious crime. Prosecutors can prove your
intent to distribute drugs just by showing the
quantity of the drug, without any evidence that
you actually distributed the drug.In most states,
possession of drugs for personal use is a serious
crime. But in some states, possession of drugs
for personal use is punished less severely than
distribution crimes. For example, in some states,
possession of a small amount of marijuana (less
than 50 grams) is decriminalized or treated as
a disorderly person's offense. A person convicted
of a disorderly person's offense is generally
not imprisoned, but may be placed on probation
or ordered to pay a fine. However, possession
of a larger quantity of marijuana or other drug,
even if for personal use, is treated as a serious
crime.
Enhanced
Punishment
Some states
have enhanced penalties for drug crimes. These
penalties go into effect if: •
Minors are used to distribute the drugs
•
The drugs are delivered or sold to minors; or
•
The drugs are sold or distributed on school property.
Enhanced punishments vary from state to state.
You may also be in danger of "forfeiting"
your property if you're convicted of a drug crime.
For example, if your house is used to make and
distribute drugs, the government may be able to
seize your house.
Professional
Drug Dealers
Special
laws cover professional drug dealers. A "drug
kingpin," or a person organizing, financing,
or managing a business to manufacture, transport
or sell drugs, commits a serious crime. Special
sentences are reserved for professional drug dealers.
The federal government has the death penalty for
drug kingpins. Some states impose 25 years imprisonment
without parole for professional drug dealers.
Rhode Island General Law Penalties for Drug Crimes
Contact Rhode Island Drug and Narcotic Offenses
Lawyer Joshua Macktaz by Email or call today at (401) 861-1155 and we will respond
to you as soon as possible.
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Juvenile
Offenses
If your
child is in criminal trouble, you'll want to learn
as much as you can about the juvenile justice
process. It's best to hire a lawyer to represent
your child as soon as possible after you learn
of the problem. Remember, however, that the attorney
represents the child and not the parent.
Arrest
and Booking
If your
child is taken into custody, he or she will likely
be booked at the police station. Booking involves
logging in his or her name and the reason for
the arrest in police records. Your child's photo
will be taken and he or she will be fingerprinted.
Police
Questioning
Statements
made to law enforcement personnel during questioning
can be held against your child. Your child has
the right to tell police he or she doesn't wish
to speak with them. As a parent, you may also
tell the police your child doesn't want to talk
with them until you can find a juvenile attorney
to represent your child during questioning.
Police
Custody and Detention
Your child
may be released into your custody pending a hearing,
or detained in a juvenile facility for a short
period of time. Federal regulations prohibit holding
juveniles in adult jail settings. Under federal
standards, a child cannot be detained for longer
than six hours in an adult jail setting, and must
be kept in an area that is out of sight and sound
of adult inmates. Your child cannot be held very
long in a juvenile detention facility without
a detention hearing. The judge will review your
child's case and decide whether your child should
continue in juvenile detention.
Diversion
Your child
may be "diverted" into community rehabilitation
programs or sent to counseling or social services
organizations, without having to enter the juvenile
justice system. In some communities, juvenile
offenders are sent to a "youth accountability
board," sometimes called a "community
accountability board," where community residents
decide how the child can best be rehabilitated.
The
Juvenile Justice Process
Each state's
juvenile case processing is different, but generally
you can expect the following:
•
Intake. The prosecutor's office or juvenile probation
department will decide whether to dismiss or divert
the case or request formal intervention by the
juvenile court.
•
Consent Decree. If the case is to be dismissed,
your child may have to agree to conditions such
as curfews, victim restitution and counseling,
written into a formal court agreement called a
"consent decree." Usually, your child
will have to admit to doing the offending act
in order to be eligible for a consent decree disposition.
Your child will then likely be monitored for a
period of time by a probation officer.
•
Fitness Hearing. The juvenile court judge will
decide whether your child is fit to be tried,
and whether the case should be held in juvenile
court or adult criminal court. In many states,
prosecutors are required to file serious juvenile
cases such as murder and other felonies in criminal
court. Prosecutors may also request a transfer
to adult criminal court where your child has been
in juvenile court previously and intervention
or diversion efforts haven't worked.
•
Adjudicatory Hearing. This is a trial at which
witnesses are called and lawyers argue both sides
of the case. In most states, the hearing is in
front of a judge rather than a jury.
•
Disposition Plan. If your child is found delinquent
(guilty) at the end of the adjudicatory hearing,
probation officers will investigate your child,
often ordering psychological exams and diagnostic
testing. Probation officers will present detailed
recommendations to the judge.
•
Disposition Hearing. The judge decides whether
your child should be required to undergo drug
counseling, confinement in juvenile detention,
reimburse the victim (called restitution) or be
on probation for a length of time.
•
Probation Review Hearings. Probation officers
will monitor your child's progress and report
any probation violations to the judge.
•
Case Termination. After your child has successfully
completed all the requirements of probation, the
judge will dismiss the case.Contact Rhode
Island Juvenile Offenses Lawyer Joshua
Macktaz by Email or call today at (401) 861-1155 and we will respond
to you as soon as possible.
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Parole
or Probation Hearings and Violations
Parole
and probation are two totally separate things.
Parole occurs when a prisoner is released from
prison after having served either a portion or
all of a sentence. Probation is an alternative
to initial incarceration. Criminals who receive
probation as a sentence will be able to remain
members of their community, without seeing the
inside of a jail or prison, so long as they follow
rules set by the court. These rules may require
them to seek counseling or treatment, participate
in community education or perform community service.
They will also be required to attend regular meetings
with their parole officer. If they break any of
these rules, their probation can be revoked, and
they can be sent to prison.
Contact Rhode Island Parole and Probation
Proceedings Lawyer Joshua Macktaz by Email or call today at (401) 861-1155 and we will respond
to you as soon as possible.
FAQ’s
about Sentencing, Parole & Probation
What
is a presentence investigation report and what
is it used for?
A presentence
investigation report, often called a "probation
report," is a report prepared to help the
judge decide what sentence to give someone who
has either pled guilty to a crime or been found
guilty of a crime.
The report is prepared by a probation department,
which should be a neutral agency, as it is independent
from both the prosecution and the defense. The
report will include sections on the defendant's
personal and employment history and prior criminal
history, as well as details of the offense. While
the probation officer interviews the defendant,
he or she will often describe the details of the
offense as set out in police reports received
from the prosecutor. The report may also contain
statements from victims.
The report
will often conclude with a sentencing recommendation.
With the possible exception of the final sentencing
recommendation, the report is given to the defendant
before sentencing, so that the defendant can object
if desired. While presentence reports don't determine
a judge's sentence, judges rely heavily on them.
You and your lawyer should make sure you've reviewed
the report thoroughly and presented your objections
before going to the sentencing hearing.
Who sets a sentence and how is it determined?
Typically,
judges impose the sentence to be served by an
individual who has pled guilty or has been convicted
by a jury of a crime. Sentences must be within
the guidelines set by law for a particular crime,
which may include a fine, jail or prison time,
or probation. The law that defines a crime may
also define the maximum punishment that may be
imposed by the judge or related statutes may contain
the consequences. The judge may consider a number
of factors when setting the punishment including:
•
The defendant's past criminal record
•
Age
•
Whether anyone was hurt or injured
•
Victim's impact statements
•
The circumstances surrounding the crime
•
Possibly the remorse shown by the defendant
•
Some state and all federal criminal statutes include
"mandatory sentences" which require
judges to impose specific and identical sentences
on all defendants who violate those laws.
What's the point of a suspended sentence?
A "suspended
sentence" is one that's imposed but not carried
out. If you stay out of trouble, you don't have
to serve the sentence. Judges often give first
time offenders suspended sentences as an incentive
for keeping out of trouble. It also frees up scarce
jail space for more serious offenders from whom
society needs to be protected. At the end of the
suspension period, the judge lifts the sentence
if you haven't gotten into trouble. But if you
re-offend during your suspension period, it's
off to jail for the length of your sentence.
Does community service or probation still
go on your permanent record?
Community
service and probation are types of criminal sentences.
You can only be sentenced after you've either
pled guilty to a crime or been found guilty by
a judge or jury.
If you pled guilty on a deferred judgment, sentence,
diversion program or a deferred adjudication,
you won't have a permanent record once you successfully
complete the terms of the probation or community
service. At that point, the law for all practical
purposes considers the guilty plea withdrawn as
if it was never entered. There are, however, some
circumstances in which you can still be penalized
for it. For example, deferred sentences count
as one point in computing your criminal history
under federal sentencing guidelines. If you pled
guilty with no express conditions as to the deferment
of the sentence or conviction, or if you were
found guilty following a trial to the court or
jury, you'll have a permanent record. If you pled
guilty and don't know whether it was pursuant
to a deferred sentence type of arrangement, you
can go to the courthouse where you entered your
guilty plea and ask to see your file. There will
be a docket sheet or other listing of court minutes
inside, containing the terms of your plea and
sentence, including whether the judgment was deferred.
Is there any difference between being
sent to jail or prison?
Jails
are locally-operated correctional facilities.
Inmates sentenced to jail usually have a sentence
of one year or less, although this can vary by
state. Jails also incarcerate persons in a variety
of other categories, such as:
People being held pending arraignment, trial,
conviction, or sentencing
Those who have been returned to custody following
violation of the terms of their release on probation
or parole
People being transferred to the custody of other
criminal justice/correctional authorities
Prisons are operated by either a state or the
federal government, and confine only those individuals
who have been sentenced to one year or more of
incarceration. Generally, persons sentenced to
prison have been convicted of a felony offense.
What's the difference between someone
on parole and someone on probation?
Parole
and probation are different forms of supervision
after sentencing. Parole is supervision that begins
after a person's release from prison or jail after
serving part of a sentence. Parole is a privilege,
not a right. While only a judge can sentence someone
to a jail term, the judge doesn't decide how much
of that jail sentence the person will have to
serve before being released back into the community.
This decision is usually determined by the state
legislature. Most states have parole boards that
make the decision whether to release an inmate
once they become eligible for parole. If a person
violates the terms of their parole, they can be
sent back to jail to finish serving their sentence.
Probation is a sentence that a judge can give
instead of jail or in addition to jail or prison
time. Like parole, it has conditions attached.
If a person violates the terms of probation, the
judge can then give them any sentence the judge
could have originally given them, including a
jail term. In the federal system, parole is no
longer available, as federal sentencing guidelines
apply instead. In federal cases, there is something
called "supervised release." The length
of a supervised release term is suggested by the
sentencing guidelines, but in the end it's decided
by a judge. Probation is available only in limited
circumstances.
Can I move if I'm on probation?
It's fairly
common for people on probation to want to move
to another state. Courts will often grant a request
to move, especially if there's a good reason such
as a new job or to be closer to family.
The process varies from state to state, so your
probation officer can best tell you how to get
the process going. Often, it's simply a matter
of filing a motion with the court requesting permission
to move and asking that your probation be transferred
to where you want to relocate. You'd be reporting
to a probation officer in your new location, just
as you do with your current probation officer.
You'd also be expected to keep up with any payments
you're obligated to make while on probation, as
well as any conditions such as drug testing. Your
probation officer can also make a recommendation
as to whether you need a lawyer to make your request
to the court.
Do I have to complete the entire probation
time?
Whether
your probation officer can recommend an early
end to your probation will depend heavily on state
law. If you have accomplished all of what was
expected of you, you can petition for an early
release from probation.
Can probation be revoked?
Probation
is a sentence with certain conditions that must
be followed. If any of the conditions, such as
no drug use, are violated, your probation officer
will notify the court or prosecutor. The prosecutor
may decide to file a complaint asking to have
your probation revoked and put you back in jail.
If this happens, you'll be served with the complaint
and given a date to appear in court to answer
it. At this point, you should find a lawyer. If
you can't afford a lawyer, one will be appointed
for you.
In most states, a court has several options after
finding that someone has violated the terms of
his or her parole or probation. The court can
impose any sentence that could originally have
been imposed for the crime you originally committed,
including jail. The court could also re-sentence
you to probation, even on the same terms as before.
Or it might re-sentence you to probation but increase
the severity of the conditions of your probation,
such as putting you in a half-way house or placing
you on home detention or in an intensive supervision
program, or requiring you to complete a drug treatment
program.
Can you appeal being found guilty of violating
probation?
In most
states, you'll be allowed to remain free on bail
while waiting for the judge's decision on whether
you've violated probation.
At the probation revocation hearing, the prosecutor
must prove you violated a condition of your probation
by a "preponderance" of the evidence,
unless the state is charging that the violation
consists of you committing a new crime. For a
judge to revoke your probation because you committed
a new crime, most states require the prosecutor
to prove "beyond a reasonable doubt"
that you committed the new crime.
There is
no jury trial in a revocation proceeding. If the
judge finds you violated the terms and conditions
of your probation, she can revoke your probation
and give you any sentence she could have originally
given you, including putting you on probation
again. Or she can sentence you up to the maximum
prison term allowed for the crime for which you
were originally found guilty. You can appeal the
judge's decision to revoke your probation, usually
to the next highest court in your state. You can
also apply for bail pending your appeal hearing.
But if the judge denies bail, it's an uphill battle
to get the court overruled.
There shouldn't
be an automatic increase in the amount of bail.
However, it's common for judges to consider probation
violators to be at higher risk for flight and
increase the amount of bail during the revocation
appeal process.
Contact Rhode Island Parole and Probation Proceedings
Lawyer Joshua Macktaz by Email or call today at (401) 861-1155 and we will respond
to you as soon as possible.
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Sex
Offenses
Have you been accused of a
sex offense? If you were, then there are some important
facts that you need to be aware of. The efforts
of the law enforcement agencies to track, capture,
and control sexual predators has been an aggressive
movement that is saving the lives of thousands of
victims. However, without an experienced sex crime
lawyer, many people are being caught in the “dragnet”
by the authorities in their attempt to capture sexual
predators. How many people are being wrongly accused
in this modern day witch-hunt? According to recent
data from the FBI, in only ten years, there has
been a 1397% increase in convictions and pre-trial
diversions. In the news, there are stories every
day about average American citizens being charged
with related crimes and being called “predators”.
Below,
is a list of the more common sex offenses that
you may have been charged with:
•
Child Exploitation
•
Child Molestation
•
Child Pornography
•
Date Rape
•
Indecent Exposure
•
Lewd & Lascivious Behavior
•
Rape
•
Statutory Rape
•
Sexual Assault
•
Sexual Battery
•
Solicitation of Prostitution There are things
you need to be aware of when it comes to “predator”
laws.
What will
happen if you are convicted? Chances are, life
will be very different for you if you’re
found guilty of being a predator. You may have
to start counseling and report to a local offender
registry. Offenders in many cases have to report
to the authorities and other citizen groups. Moreover,
most offenders have to announce to their community
that there is a predator living in the same area
as they are.Now, with tough sexual predator laws
in effect, the amount of sexual predators being
exposed has been a landmark achievement for law
enforcement. If you have been arrested for in
any related offense from preceding list, you will
need to consult with a lawyer to deal with the
complexities of your case locally.
Contact Rhode Island Sex Crime Defense Lawyer Joshua Macktaz by Email or call today at (401) 861-1155 and we will respond
to you as soon as possible.
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Theft,
Grand Larceny, and Burglary
Crimes
of theft can range from obtaining by false pretense,
larceny, burglary, or embezzlement. Under Rhode
Island law it is unlawful for anyone to feloniously
steal, take or carry away the personal property
of another. Theft can also be the fraudulent appropriation
of property entrusted to you, as well as defrauding
a person of personal property, real property,
money or labor by false or fraudulent representation
or pretense. There are two classifications for
theft; petty theft and grand theft. Grand theft
may be classified as either a felony or a misdemeanor
and is punishable by up to one year in county
jail or state prison. Petty theft is classified
as a misdemeanor and is punishable by fine or
imprisonment in the county jail for up to six
months. Theft or larceny concerns those crimes
or criminal offenses where the basic act is the
intentional taking or stealing of a victim's property
or the appropriation of the victim's property
without consent.
Some theft
crimes include robbery, larceny, embezzlement
or criminal conversion, knowingly acquiring lost
property, possession of stolen property, writing
bad checks or forgery, unauthorized use of an
automobile and extortion (theft by force). Legal
issues include burden of proof, sufficiency of
the evidence and available defenses.Burglary is
typically defined as the unlawful entry into almost
any structure (not just a home or business) with
the intent to commit any crime inside (not just
theft/larceny). No physical breaking and entering
is required; the offender may simply trespass
through an open door. Unlike robbery, which involves
use of force or fear to obtain another person's
property, there is usually no victim present during
a burglary.
Contact Rhode Island Criminal Defense Lawyer Joshua Macktaz by Email or call today at (401) 861-1155 and we will respond
to you as soon as possible.
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Violent
Offenses
A violent
crime or crime of violence is a crime in which
the offender uses or threatens to use violent
force upon the victim. This entails both crimes
in which the violent act is the objective, such
as murder, as well as crimes in which violence
is the means to an end, such as robbery. Violent
crimes include crimes committed with and without
weapons. With the exception of rape (which accounts
for 6% of all violent crimes), males are the primary
victims of all forms of violent crime.
If you
have been accused of one of these or other violent
crimes you need the representation of a qualified Rhode Island Violent Crime Defense Attorney:
•
Arson
•
Assault
•
Battery
•
Burglary
•
Carjacking
•
Child Abuse
•
Cruelty to Animals
•
Domestic Violence
•
Extortion
•
False Imprisonment
•
Harassment
•
Homicide
•
Incest
•
Kidnapping
•
Manslaughter
•
Mayhem
•
Murder
•
Property Damage
•
Rape
•
Robbery
•
Seduction
•
Sexual Abuse
•
Stalking
•
Terrorist Threats
Contact Rhode Island Criminal Defense Lawyer Joshua Macktaz by Email or call today at (401) 861-1155 and we will respond
to you as soon as possible.
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White
Collar Crimes
Being accused of a white collar
crime is embarrassing and frustrating. It's hard
to know who to trust and what to do. But a little
bit of legal knowledge can keep you from making
mistakes that can impact on your future. The term
"white collar crime" usually refers to
business-related financial crimes, such as fraud
or embezzlement. These crimes violate federal laws
and are typically charged in federal court. Penalties
for white collar crime violations include:
•
Fines
•
Jail time
•
Restitution (returning money or property)
•
Forfeiture (giving up money or property)
•
Supervised release
•
Home detentionYou could be under investigation for
a white collar crime if you:
•
Receive a grand jury subpoena to produce business
documents
•
Are presented with a search warrant to seize your
business records
•
Get subpoenaed to testify at a grand jury investigation
•
Receive a "target letter" or "subject
letter" telling you you're under investigation
•
Are contacted by a state or federal investigator
who wants to question youFederal agencies involved
in white collar crime investigations include:
•
The Federal Bureau of Investigation
•
United State Postal Service officers
•
United States Treasury authorities
•
Internal Revenue Service investigators
•
the Bureau of Citizenship and Immigration Services
(formerly the Immigration and Naturalization Services)
•
the Securities and Exchange CommissionIt's very
important not to give statements or otherwise cooperate
with investigators until you've talked with an attorney.
Don't make the mistake of thinking that everything
will be all right if you just tell investigators
everything. They are out to build a case against
you and will use whatever you tell them or give
them to your disadvantage. You can always talk with
investigators after you've had an opportunity to
get legal advice, if your lawyer thinks it's appropriate.
If you're being investigated for a white collar
crime, it's very important to talk to a competent
criminal defense attorney with federal court experience
as soon as possible. A white collar crime attorney
may be able to convince investigators to close an
investigation or remove you personally from investigation.
Further along in the process, an experienced lawyer
can talk with prosecutors to work out a plea bargain
or other deal that keeps you out of jail and possibly
prevents you from having a felony conviction.
Defending
Against A White Collar Crime
Many of
the defenses to a white collar crime are the ones
that apply to any crime, and can include:
•
Insanity
•
Intoxication
•
Incapacity (you weren't capable of doing it)
•
Duress (someone else made you do it)
A common
defense in white collar crimes is "entrapment"
- a situation where government personnel coerce
you into committing a criminal act that you otherwise
wouldn't have committed. Your attorney may be
able to argue that you would have had no tendency
to commit the crime you're charged with without
government enticement. A judge will look at the
situation through your eyes in deciding whether
there has been entrapment in your particular case.
Another common defense in white collar crimes
is absence of intent to commit a crime. Your lawyer
may be able to convince prosecutors or a judge
that you had no intention of committing a crime
and didn't know that your actions were criminal.
Federal
Sentencing Guidelines
Your attorney
can negotiate with prosecutors over the Federal
Sentencing Guidelines (link), designed to impose
uniform penalties on everyone who is convicted
of the same crime. Your attorney will likely argue
that there are mitigating factors, such as no
prior criminal history and tangential connection
to the crime, that call for what's called a "downward
departure" from the usual sentence. If you
think you may be under investigation for a white
collar crime, the best thing you can do for yourself
is get an attorney right away.
Contact Rhode Island White Crime Defense Lawyer Joshua Macktaz by Email or call today at (401) 861-1155 and we will respond
to you as soon as possible.
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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. Also, the Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice. |
