Rhode Island DUI Lawyer, RI DUI, Criminal Defense Attorney, Domestic Assault & Battery, Personal Injury

Rhode Island Criminal Defense Attorney

S. JOSHUA MACKTAZ, Esquire

A Former Rhode Island State Prosecutor

with a concentration in Criminal Defense and Personal Injury Law

Marijuana Arrest and Defense - Rhode Island Attorney

MARIJUANA LAWYER MACKTAZ INTERVIEWED BY LAWYERS WEEKLY: Click here to Read the article

There are more arrests associated with the possession of marijuana than with possession of any other illicit drug in Rhode Island. According to the Rhode Island UCR, in 2001 nearly 53 percent of adult arrests for drug possession and over 81 percent of all juvenile arrests for drug possession were marijuana-related.

Rhode Island Marijuana Defense Lawyer Joshua Macktaz provides aggressive and effective representation to individuals facing Marijuana (also called pot or weed) related Rhode Island drug offenses such as misdemeanor possession, felony possession, cultivation, sale, delivery, and distribution. A former Rhode Island Special Assistant Attorney General from 1993-1997 Attorney Macktaz has extensive experience with misdemeanor and felony Marijuana possession, sale, and distribution cases as a prosecutor and has used that knowledge to successfully defend his private clients accused of marijuana and drug related offenses. Before becoming a private Rhode Island Defense Lawyer, Attorney Macktaz lectured in-coming police academy cadets as an AG Prosecutor on proper prosecutions and arrests. This unique experience has afforded Mr. Macktaz a wealth of knowledge not readily available to the average criminal defense 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 narcotics or Marijuana possession, intent, cultivation, sale, distribution, or delivery Contact Joshua Macktaz, a Rhode Island Defense Attorney today for a free, initial consultation to discuss your case.

Most Recent Wins

Criminal Charges:

Possession of Marijuana

Police Report: Client and 3 friends are sitting in Client’s motor vehicle in a CVS parking lot rolling and smoking marijuana “blunts”. Cumberland police observe this activity and upon approaching the driver’s side of the vehicle they see Client in possession of the marijuana. Client then admits the marijuana is his in order to keep his friends out of trouble.

Results:

DISMISSED

Criminal Charges:

Possession of Marijuana

Police Report: Client is a passenger in boyfriend’s vehicle which is stopped for speeding. Client puts marijuana and smoking device in her purse and behind driver’s seat as South Kingstown police officer approaches the vehicle. After smelling the scent of freshly burnt marijuana, officer searches Client’s purse and discovers the marijuana and arrests Client.

Results:

DISMISSED

Criminal Charges:

Possession of Marijuana

Police Report: Narragansett police detectives respond to Client’s home to further investigate an unrelated break-in at Client’s home earlier in the week. When Client opens the door the detectives see a baggie of marijuana and smoking device in plain view on Client’s coffee table. Client admits that the marijuana is his and he is arrested by the detectives.

Results:

DISMISSED

Criminal Charges:

Possession of Marijuana

Police Report: Rhode Island State Police stop Client’s vehicle on 95 South for speeding after a radar reading of 85MPH in a 65MPH. Trooper approach the vehicle and immediately detect the odor of freshly burnt marijuana. Client is taken from the car and searched, and Trooper finds marijuana in Client’s right front pants pocket.

Results:

DISMISSED

Criminal Charges:

Possession of Marijuana

Police Report: North Smithfield Police receive a report of passengers in a motor vehicle are shooting paint balls from the vehicle. Police stop Client’s vehicle because it matched the description of the car they were looking for. Police search Client’s vehicle and find 4 grams of marijuana in the center console. Client admits the marijuana is his.

Results:

DISMISSED

Criminal Charges:

Possession of Marijuana

Police Report: Charlestown Police stop Client’s vehicle for speeding (80 MPH in a 55 MPH) and immediately detect a strong odor of marijuana coming from the vehicle. Police search Client and find 10 grams in Client’s right front pocket.

Results:

DISMISSED

Criminal Charges:

Possession of Marijuana

Police Report: Roger Williams University Police Police smell a strong odor of marijuana coming from Client’s dorm room. RWU police search the room and discover a water pipe, grinder and 10 individually wrapped bags of marijuana in Client’s drawer. Client admits the marijuana and paraphernalia belong to him.

Results:

DISMISSED

Click Here to view more recent Wins by Attorney Macktaz

I have the extensive Criminal law experience in the State of Rhode Island that will benefit you and your loved ones.

Contact Rhode Island Marijuana Defense Lawyer Joshua Macktaz by Email or call today at (401) 861-1155 and we will respond to you as soon as possible.

Even though Rhode Island has legalized the use and possession of Medical Marijuana this does not immunize everyeone. The penalties for possession of Marijuana in the state of Rhode Island are still severe.

Possession of Marijuana in Rhode Island Penalties:

• Possession of Less than 1 kilogram of Marijuana in RI — Considered Misdemeanor Possession of Marijuana and is punishable by up to one year in jail and a fine of $200 - $500. If you receive a sentence of probation with no imprisonment, the offender is required to undergo a drug abuse evaluation, attend a drug education course and perform up to 100 hours of community service.
• Possession 1 kilogram to 5 kilograms of Marijuana in RI — Considered felony marijuana possession and comes with the penalty is a mandatory minimum sentence of ten years (10) in prison with a maximum of 50 years and a fine of $10,000 - $500,000.
• Possession of More than 5 kilograms of Marijuana in RI — Considered felony marijuana possession and the penalty is a mandatory minimum sentence of twenty years (25) in prison with a maximum of life in prison and a fine of $25,000 - $100,000

Sale or possession within 300 yards of a school, public park or playground doubles the possible penalties.

In addition to these penalties if caught driving while in possession of marijuana this is penalized by automatic suspension of the offender's driver's license for six months for the first offense and for one year for subsequent offenses.

For sentences of probation with no imprisonment, the offender is required to undergo a drug abuse evaluation, attend a drug education course and perform 100 hours of community service.

Sale or Cultivation of Marijuana in Rhode Island Penalties:

ALL ARE FELONY CRIMES

• Manufacture or delivery of less than 1 kilogram of Marijuana in RI — Manufacture or delivery of less than one kilogram of marijuana is punishable by up to 30 years in prison and a fine of $3,000 - $100,000.
• Manufacture or delivery of 1 kilogram to 5 kilograms of Marijuana in RI — For five kilograms or less, the penalty is a mandatory minimum sentence of ten years in prison with a maximum of 50 years and a fine of $10,000 - $500,000.
• Manufacture or delivery of 5 kilograms of Marijuana in RI — For more than five kilograms, the penalty is a mandatory minimum sentence of twenty years in prison with a maximum of life in prison and a fine of $25,000 - $100,000.

Delivery to a minor at least three years younger than the offender adds an additional 2 - 5 years in prison and a fine up to $10,000.

Sale or possession within 300 yards of a school, public park or playground doubles the possible penalties. These are serious penalties. If you or a loved one has been arrested for a marijuana related crime Contact Rhode Island Marijuana Defense Lawyer Joshua Macktaz by Email or call today at (401) 861-1155 and we will respond to you as soon as possible.

Rhode Island General Law Penalties for Drug Crimes

Other 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 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.

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.

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.

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.

Marijuana Lawyer Rhode Island

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.