Criminal Defense – Rhode Island Lawyer
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.
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Some of the areas we typically handle cases for:
(Click on a topic below for more information)
- Assault and Battery
- Bail and Bond Proceedings
- Boating Under the Influence
- Breathalyzer Refusal
- Disorderly Conduct
- Domestic Assault
- Drug and Narcotic Offenses - Marijuana, Cocaine
- DUI - DWI - Drunk Driving Defense
- 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 and Battery
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.
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.
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.
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.
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.
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.Back to Top
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.Back to Top
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
Selling drugs — For 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.
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;
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.Back to Top
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 cild 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.
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.
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.
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
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.Back to Top
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:
Lewd & Lascivious Behavior
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.Back to Top
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.Back to Top
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:
Cruelty to Animals
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.Back to Top
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:
Restitution (returning money or property)
Forfeiture (giving up money or property)
Home detention You 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:
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.Back to Top
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.