RI Criminal Defense Attorney Joshua Macktaz representing those accused of DUI, DWI, Drunk Driving, Domestic Violence, or those suffering Personal Injury.


Providence Office:
Criminal Defense Lawyer Providence RI, Providence RI DUI Attorney

127 Dorrance Street

Penthouse Suite

Providence, RI 02903

Telephone: 401.861.1155

Facsimile: 401.633.6376

joshua.macktaz@gmail.com

Newport Office:
Newport Rhode Island Drunk Driving Attorney, Newport RI DUI, Criminal Defense

37 Bellevue Avenue

Newport, RI 02840

Telephone: 401.861.1155

Facsimile: 401.633.6376

Email:

joshua.macktaz@gmail.com

Bookmark and Share

Rhode Island Defense Attorney Results

Most Recent Wins

CLICK HERE FOR DUI RESULTS

CLICK HERE FOR CRIMINAL RESULTS

Successful Rhode Island DUI DWI and Breathalyzer Refusal
Case Defenses by Attorney Macktaz

Criminal Charges - Nov 2011:

Driving Under the Influence with B.A.C. >.15

Police Report: State Police observe a vehicle weaving in between lanes and traveling in the breakdown lane on route 95.  Upon stopping vehicle, Troopers observed a strong odor of alcohol, bloodshot and watery eyes and slurred speech.  Client has difficulty exiting the vehicle and nearly falls into traffic.  Client takes and fails 2 field sobriety tests.  Client is arrested and takes the breathalyzer at the barracks blowing a .124 and .126. 

Defense Results:

 

Criminal Charges - Nov 2011:

Driving Under the Influence; Breathalyzer Refusal

Police Report:             South Kingstown Police observe a Client traveling in the breakdown lane on route 1 south.  Police activate lights and observe Client’s vehicle strike the curb as it pulls over.  Upon approaching the vehicle, Police observed a moderate odor of alcohol, bloodshot and watery eyes and slurred speech.  Client takes and fails 3 field sobriety tests.  Client is arrested and refuses to take the breath test at the station. 

Defense Results:

 

Criminal Charges - Oct 2011:

Driving Under the Influence (with blood-alcohol level over .15)

Police Report: East Greenwich Police respond to an automobile accident on route 95.  Client’s vehicle was witnessed speeding and weaving in and out of lanes without a directional before Client lost control and car flipped over and landed on its roof.  A blood sample taken at the hospital showed Client’s blood-alcohol level was .41 (not a mis-print).

Defense Results:

 

Criminal Charges - sept 2011:

Driving Under the Influence

Police Report: Charlestown Police get a report of a motorboat being driven at excessive speeds in and out of the breach way.  When police arrive they observe Client removing his boat from the water and onto a trailer.  Client fails to stop when Police order him to stop, and is eventually pulled over on the highway.  Police observe a strong odor of alcohol, bloodshot and watery eyes and slurred speech.  Client takes and fails 3 field sobriety tests.  Client submits to breathalyzer at the Charlestown Police station with readings of .111 and .113.

Defense Results:
 
Criminal Charges - Aug 2011:

Driving Under the Influence

Police Report: Client is in an automobile accident and police respond and immediately notice a strong smell of alcohol on Client’s breath, severely blood shot eyes and mumbled speech.  Client staggers out of the car, admits to drinking and fails 3 field sobriety tests.  Client takes the breathalyzer at the station and blows a .217 and .219.

Defense Results:

 

Criminal Charges - July 2011:

Boating Under the Influence; Refusal to Submit to Chemical Test

Police Report: Client is observed speeding in his unregistered dinghy in Warwick Cove.  DEM Officers approach Client’s boat and direct him to dock.  At the dock, DEM Officers observe Client to have bloodshot and watery eyes, slurred and mumbled speech, and a strong odor of alcohol on his breath.  Client takes and fails 7 field sobriety tests.  Officers also observe a number of empty beer cans in the boat.

Defense Results:

 

Criminal Charges - July 2011:

Driving Under the Influence; Breathalyzer Refusal

Police Report: Client is observed by the Glocester Police driving in an extremely erratic manner crossing over the double yellow lines into on-coming traffic. Once stopped, Client is unable to locate proper identification or vehicle registration. Police observe a strong odor of alcoholic beverage on Client’s breath as well as bloodshot/watery eyes and extremely slurred speech. Client takes and fails 3 field sobriety tests. Although Client refuses to take a breathalyzer test, a subsequent blood test shows Client’s blood alcohol level to be .264, over three times the legal limit of .08

Defense Results:
 
Criminal Charges - may 2011:

Driving Under the Influence; Disorderly Conduct; Breathalyzer Refusal

Police Report: Client is questioned by Providence Police regarding a large fight outside a local nightclub. Police say client smells like alcohol and is swearing at police “at the top of her lungs”. Client gets into her vehicle, rolls down the window, and tells the police that “they need to learn respect”. Client is then pulled over and charged.

Defense Results:

Driving Under the Influence: DISMISSED AND EXPUNGED
Disorderly Conduct: DISMISSED AND EXPUNGED
Breathalyzer Refusal: DISMISSED AND EXPUNGED

 

Criminal Charges:

Breathalyzer Refusal
Police Report: Client is involved in a serious accident. Cranston Police Accident Reconstruction Expert determines Client was speeding and ran a red light causing the accident. Police meet with Client at hospital and immediately detect a strong odor of alcohol and slurred speech. Client takes and fails the HGN field sobriety test.

Result:

Breathalyzer Refusal: NOT GUILTY AFTER TRIAL

 

Criminal Charges:

Driving Under the Influence, blood alcohol >.15
Police Report: Rescue driver observes Client’s car weaving and nearly hitting a curb before pulling over in the breakdown lane. Rescue driver pulls up and asks Client if he is okay and observes client to be laughing. Client drives away and rescue driver alerts a nearby RI State Trooper of what he saw. Trooper follows Client’s vehicle and finds him in his driveway. Trooper observes odor of alcohol, bloodshot and watery eyes and a staggered gait. Client eventually takes the breathalyzer and blows a .179 and .181

Result:

Driving Under the Influence: NOT GUILTY AFTER TRIAL

 
 
Criminal Charges:     

Driving Under the Influence (DUI)
Police Report:     A Coventry police officer on routine patrol is flagged down by a motorist who says he sees Client’s vehicle being operated “all over the road”.  Police catch up to Client, stop her vehicle and upon speaking with Client observe a strong odor of alcohol, bloodshot and watery eyes and slurred speech.  Client takes and fails 3 field sobriety tests.  Further, at the station Client takes the breathalyzer test with results of .083 and .087.

Result:

Driving Under the Influence: REDUCED TO RECKLESS DRIVING AND NO LOSS OF LICENSE   

 

Criminal Charges:

Driving Under the Influence; Breathalyzer Refusal

Police Report: West Greenwich police receive numerous calls about an erratic driver and eventually find Client’s car, and observe Client commit numerous lane roadway violations. Upon stopping Client’s car, police observe strong odor of alcohol, bloodshot watery eyes and extremely slurred speech. Further, Client’s 3 children were passengers in the vehicle. After being arrested, Client urinates in the back of the police cruiser on the way to the police station.

Result:

DUI: DISMISSED
Breathalyzer Refusal: DISMISSED

 

Criminal Charges:

Driving Under the Influence

Police Report: State Police on a stationary traffic post on 95N observe Client’s vehicle at a high-rate of speed and eventually obtain a reading of 83MPH on the radar gun. Troopers catch up to vehicle and observe Client nearly rear-end a vehicle in front of Client while trying to pass. After observing a moderate odor of alcohol, bloodshot watery eyes and mumbled speech, Client fails 3 field-sobriety tests. At the barracks, Client consents to the breathalyzer and blows a .083.

Result:

DUI: Reduced to Reckless Driving with NO LOSS OF LICENSE

 

Criminal Charges:     

Driving Under the Influence; Breathalyzer Refusal

Police Report: RI State Police observe Client drive over a curb at 4:30am in downtown Providence.  After stopping her vehicle, Police observe Client to have a strong odor of alcohol on her breath, bloodshot watery eyes and slurred speech.  Client took and failed 2 out of 3 field sobriety tests

Result:                                    

DUI: Reduced to Reckless Driving with NO loss of license
Breathalyzer Refusal: DISMISSED

 

Criminal Charges:     

Driving Under the Influence

Police Report: Woonsocket Police observe Client operating her motor vehicle erratically.  After observing a strong odor of alcohol, bloodshot and watery eyes and slurred speech, Police ask Client to take 3 field sobriety tests which she fails badly.  Client agrees to take the breathalyzer at the police station and blows a .185, more than twice the legal limit of .08

Result:                                    

DUI: Reduced to Reckless Driving with NO loss of license

 

Criminal Charges:     

Possession of Alcohol by a Minor

Police Report: Bristol Police on routine patrol observe a beer bottle thrown out of the passenger window of a vehicle in front of them.  Upon stopping the vehicle, police find a bottle of vodka and numerous bottles of beer around Client’s feet in the spot where Client had been sitting. 

Result:
  DISMISSED

 

Criminal Charges:     

Driving Under the Influence; Breathalyzer Refusal

Police Report: Client is involved in a roll-over accident, and Warwick Police find Client strapped in behind the wheel when they arrive on the accident scene.  Police note a strong odor of an alcohol, bloodshot and watery eyes, and extremely slurred speech.  When Client is removed from the vehicle she staggers into on-coming traffic nearly causing another accident.

Result:                                    

DUI:  DISMISSED
Breathalyzer Refusal:  DISMISSED


 
Criminal Charges:

DUI; Breathalyzer Refusal

Police Report: Client crashes vehicle into a parked car and flees the scene of the accident, but is identified by an independent witness. She is located lying on the ground a few blocks from the accident and is complaining about being covered in bugs. Cumberland police observe a strong odor of alcohol, bloodshot watery eyes, and mumbled speech.

Results:

DUI: REDUCED to Reckless Driving with NO LOSS of license
Breathalyzer Refusal: DISMISSED


Criminal Charges:

DUI (Second offense); Breathalyzer Refusal

Police Report: Client is observed weaving from lane to lane and bumping up against the curb by numerous motorists who contact the East Greenwich Police Department. Police find Client’s vehicle and observe Client weaving as well. When they activated their overhead lights, Client’s vehicle mounted the curb and struck a mailbox. Client had a strong smell of alcohol, bloodshot and watery eyes, and slurred speech, in addition to failing 3 field sobriety tests. Client is charged with a second DUI within 5 years.

Results:

DUI (Second offense) REDUCED to Reckless Driving with NO LOSS of license
Breathalyzer Refusal: DISMISSED


Criminal Charges:

Procurement of Alcohol by Minor

Police Report: Client enters a liquor store, chooses a case of beer and hands an undercover Smithfield Police officer pretending to be the store clerk a fake Delaware identification.

Results:

DISMISSED


Criminal Charges:

Breathalyzer Refusal

Police Report: Smithfield Police clock Client’s vehicle at 61 MPH in a 25 MPH zone and observe Client’s car drift over the center in into on-coming traffic twice. Police observe a strong odor of alcohol, bloodshot and watery eyes, and mumbled speech. Client needed to use the door frame of the car to get out of vehicle, failed 3 field-sobriety tests and admitted to drinking earlier in the evening.

Results:

NOT GUILTY AFTER TRIAL


Criminal Charges:

Refusal to Take a Breathalyzer Test

Police Report: A Warwick Police Officer on a fixed post at 2:30am observes Client “spinning his wheels” coming off the Jefferson Blvd. exit to 95 south. Officer observes Client’s vehicle to cross the center line on at least 2 occasions. After stopping Client, police officer observes strong odor of alcohol, bloodshot and watery eyes, and slurred speech. Client takes and fails 3 field sobriety tests.

Results:

Count One: DISMISSED


Criminal Charges:

Driving Under the Influence 1st Offense; Breathalyzer Refusal 2nd Offense

Police Report: East Providence Police observe Client weaving on 195E and then straddling the right breakdown lane. After stopping Client, and in addition to the usual observations of odor of alcohol, bloodshot eyes and slurred speech, police observe that Client’s pants are around his ankles and he has urinated himself.

Results:

DUI: REDUCED to Reckless Driving with no loss of license
2nd REFUSAL: DISMISSED


Criminal Charges:

Breathalyzer Refusal 2nd Offense

Police Report: Police respond to an accident involving serious injuries. Police observed client to have an extreme odor of alcohol, bloodshot and watery eyes and slurred speech. Client fails three (3) field sobriety tests and admits to police that he had consumed several alcoholic beverages.

Results:

DISMISSED


Criminal Charges:

Driving Under the Influence 1st Offense

Police Report: The police stopped client for driving 60MPH in a 25MPH zone, after observing client crossing double yellow lines on three (3) occasions. Police observed a strong odor of alcohol, extremely staggered gait, slurred speech and extremely bloodshot and watery eyes. Client failed three (3) field sobriety tests.

Results:

DISMISSED


Criminal Charges:

Breathalyzer Refusal; Right Half of Roadway; Lane Roadway Violation; Driving an Unsafe Vehicle; Failing to Notify Authorities after Accident

Police Report: Client struck a pedestrian with her vehicle and fled the scene of the crime. Police stopped client and observed two (2) flat tires, and heavy front-end damage to her vehicle. Police observed client to have a strong odor of alcohol emitting from her breath, bloodshot watery eyes and a reddish face. Client was unable to complete field sobriety tests and failed all three (3) tests.

Results:

Count One: DISMISSED
Count Two: DISMISSED
Count Three: DISMISSED
Count Four: DISMISSED
Count Five: DISMISSED


Criminal Charges:

Reckless Driving; Speeding (120MPH in a 55MPH zone)

Police Report: Client is operating his motorcycle on 95 north, and police report indicates he is “clocked” at 120MPH. Client is observed weaving in and out of traffic without use of turn signals, and tailgating. Police chase client for approximately 10 miles before coming to a stop.

Results:

Count One: NOT GUILTY
Count Two: NOT GUILTY


Criminal Charges:

Breathalyzer Refusal; Right Half of Roadway

Police Report: Police observe client’s vehicle cross solid yellow line with both driver’s side front and rear tires. Police observe client’s vehicle strike the right side curbing with his left front wheel. Police stop client and observe him to have a strong odor of alcohol on his breath, blood shot eyes, and a confused manner. Client fails three (3) field sobriety tests and registers a .210 on the preliminary breath test.

Results:

Count One: DISMISSED
Count Two: DISMISSED


Criminal Charges:

Driving Under the Influence

Police Report: Police respond to the report of a vehicle stopped in the middle of the roadway with an unconscious driver. The police approach client, wake her up, and then notice a strong odor of an alcoholic beverage, bloodshot watery eyes and slurred speech. Client fails three (3) field sobriety tests and admits to having a number of drinks earlier in the evening. Client is also extremely uncooperative with the arresting officer.

Results:

DISMISSED


Criminal Charges:

Breathalyzer Refusal; Refusal to Take Preliminary Breath Test; Operating an Unregistered Motor Vehicle; Operating without Proof of Insurance

Police Report: Client runs a stop sign and causes a major accident. Police arrive and observe client to have a very strong odor of alcohol on her breath, glassy and blood shot eyes. Client fails three (3) field sobriety tests, and is uncooperative with the police officers.

Results:

Count One: DISMISSED
Count Two: DISMISSED
Count Three: DISMISSED
Count Four: DISMISSED


Criminal Charges:

Driving Under the Influence

Police Report: Client is observed crossing over the center line on three (3) separate occasions while operating with her headlights off. Police stopped client and observed an odor of alcohol, bloodshot, watery and glassy eyes with mumbled speech. When client stepped from her vehicle, she had to balance herself by using her vehicle. Client then failed three (3) field sobriety tests.

Results:

DISMISSED


Successful Recent Rhode Island Criminal Case
Defenses by Attorney Macktaz

Shoplifting

Police Report: Macy’s security observes Client removing the price tags off of clothing and jewelry and then placing them into a shopping bag.  Client is confronted as she leaves the store and turns over approximately $300.00 worth of items.  Client is arrested by the Providence Police.

Defense Results:
 
Criminal Charges - Nov 2011:

Possession of Marijuana

Police Report: Client and a friend are sitting on a park bench in the middle of Occupy Providence smoking a marijuana cigarette.  2 undercover Providence Police officers walk up to Client and arrest him and seize an additional 3 grams of marijuana from his pocket.

Defense Results:

 

Criminal Charges - Oct 2011:

Possession of Marijuana

Police Report: Little Compton Police are assisting with parking at the beach during Hurricane Irene.  On the way to go surfing at the beach, Client smokes a marijuana cigarette in his car.  Upon arriving at the beach, Client drives by police officer, opens his window and asks where he can park.  Police immediately smell the freshly burnt marijuana and arrest Client.  A subsequent search finds approximately 2 additional grams of marijuana in Client’s car.

Defense Results:
 
Criminal Charges - Oct 2011:

Disorderly Conduct

Police Report: Lincoln Police are called to the Twin River Casino for a loud, drunk and belligerent male at the cab stand.  When police arrive, they observe Client yelling and swearing at the Valet and the security team, drawing attention from other patrons.  Client refuses to lower his voice or leave the area when asked by Police and is arrested for Disorderly Conduct.

Defense Results:
 
Criminal Charges - Oct 2011:

Felony Breaking and Entering-Domestic

Police Report: Client and his girlfriend get into an argument, and break-up, while out for dinner.  Client’s girlfriend leaves the restaurant in a cab and goes home.  Client proceeds to call/text his girlfriend at least fifteen (15) times and his girlfriend refuses to answer.  Client then travels to her house at 3am, climbs up the fire escape, opens her kitchen window and enters her apartment.  She wakes up and calls the Pawtucket Police who arrive and arrest Client.

Defense Results:
 
Criminal Charges - sept 2011:

Disorderly Conduct

Police Report: Newport Police observe Client urinating on the side of a building outside a local bar and he is arrested for Disorderly Conduct.

Defense Results:

 

Criminal Charges - sept 2011:

Disorderly Conduct

Police Report: Newport Police find Client passed out in a public park with pants and underwear pulled down to his ankles.  Client had defecated on himself and his clothes, and was arrested for Disorderly Conduct.

Defense Results:

Criminal Charges - sept 2011:

Driving Under the Influence

Police Report: Charlestown Police get a report of a motorboat being driven at excessive speeds in and out of the breach way.  When police arrive they observe Client removing his boat from the water and onto a trailer.  Client fails to stop when Police order him to stop, and is eventually pulled over on the highway.  Police observe a strong odor of alcohol, bloodshot and watery eyes and slurred speech.  Client takes and fails 3 field sobriety tests.  Client submits to breathalyzer at the Charlestown Police station with readings of .111 and .113.

Defense Results:

Criminal Charges - Aug 2011:

Domestic Assault and Battery;
Domestic Disorderly Conduct;
Assault and Battery on a Police Officer

Police Report: Warwick Police are called to a party where Client was being held down by party goers who observed her punching her boyfriend in the head.  When Police arrive, Client continues to yell and curse at them, and then kicks and punches at the officers as she is being arrested.

Defense Results:

Criminal Charges - Aug 2011:

Possession of Between 1 Kilogram and 5 Kilograms of Marijuana;
Possession with the Intent to Deliver Marijuana;
Conspiracy

Police Report: Central Falls Police use a confidential informant to make a controlled buy of 5 pounds of marijuana from Client.  Client arrives at the pre-determined place and time carrying a large dark trash bag.  Police approach Client and Client is arrested.  Client later gives a full confession to the Central Falls Police admitting that he sells marijuana.

Defense Results:

 

Criminal Charges - July 2011:
Carrying a Pistol Without a License

Police Report: Client is involved in an altercation at a Providence nightclub. Upon further investigation after arresting Client for his role in the fight, Providence Police discover a loaded gun in the trunk of Client’s vehicle.

Defense Results:
 
Criminal Charges - July 2011:
Disorderly Conduct

Police Report: Client is at a bar in the City of Woonsocket when a huge brawl erupts between two groups over words spoken to a woman in one of the groups. Upon Police arrival, some 25-30 people are seen fighting in different areas. Woonsocket Police say they see Client pick up a chair and throw it in their direction nearly hitting them.

Defense Results:
 
Criminal Charges - July 2011:
Possession of Marijuana

Police Report: Client is a student at Roger Williams University. Residence Assistant smells the strong odor of marijuana coming from Client’s room and knocks on door. Upon entering, the RA observes Client and 3 friends smoking marijuana and contacts the Bristol Police. Upon questioning by the Police, Client admits possession of the marijuana.

Defense Results:
 
Criminal Charges - july 2011:
Assault and Battery on a Police Officer; Resisting Arrest; Disorderly Conduct

Police Report: Client is part of a large disturbance outside of a Providence nightclub at closing time. In the middle of the altercation between rival groups, Client is approached by Providence Police who are attempting to investigate the disturbance. Client takes a “fighting position” with Police and begins to move towards them. Police go to place Client under arrest and he begins to swing wildly at the Police. After using pepper spray, Police are able to handcuff Client.

Defense Results:
 
Criminal Charges - june 2011:
Possession of Marijuana

Police Report: Client is a student at Bryant University. Residence Assistant smells the strong odor of marijuana coming from Client’s room and knocks on door. Upon entering, the RA observes marijuana and paraphernalia used for the smoking of marijuana and contacts the Smithfield Police. Upon questioning by the Police, Client admits possession of the marijuana.

Defense Results:

Criminal Charges - june 2011:
Possession of Marijuana

Police Report: Client’s vehicle is stopped by the North Kingstown Police for a traffic violation. Police immediately smell a strong odor of marijuana coming from the vehicle. When Police ask Client if he has any marijuana in the vehicle, Client reaches into his jacket and hands the marijuana to the Police.

Defense Results:
 
Criminal Charges - may 2011:
Disorderly Conduct

Police Report: Client is eating lunch with his wife, mother-in-law and newborn baby. Another patron complains to Client’s wife, and then to the restaurant manager, about the baby’s crying. Client confronts the other patron and a physical confrontation occurs. The other patron ends up going through the glass display case in the front of the restaurant. South Kingstown Police arrest Client.

Defense Results:
 
Criminal Charges - may 2011:
Possession with Intent to Deliver Marijuana

Police Report: Client seen walking through the Roger Williams University campus with a backpack. School security stops Client in order to do an “alcohol check” and asks to look in Client’s backpack. Security finds, and eventually turns over to the Bristol Police, ten (10) individually wrapped baggies containing marijuana, a digital scale, plastic baggies and a significant amount of cash.

Result:
 
Criminal Charges - may 2011:
Larceny Under $500.00 (3 Counts)

Police Report: Client is watched by an independent witness removing real estate signs from three (3) different lawns in the town of North Smithfield. The witness then follows Client’s vehicle while on the phone the entire time with the police department. Police stop Client’s motor vehicle and find the signs in the Client’s possession. Client gives a full written confession admitting to taking the signs.

Defense Results:
Larceny Under $500.00 DISMISSED AND EXPUNGED
Larceny Under $500.00 DISMISSED AND EXPUNGED
Larceny Under $500.00 DISMISSED AND EXPUNGED
 
Criminal Charges - may 2011:     

Assaulting a Police Officer; Obstruction of Justice

Police Report:   Client is pulled over after reaching his driveway by a Newport police officer for having a rear window completely obstructed by snow.  After police write Client a ticket, Client rips ticket out of police officer’s hand and tells the police officer to “get the f*ck off of my property”.  Police state that Client then becomes violent and opens his car door into the leg of the police officer and refuses to be handcuffed.  Client is maced by the police officer.

Defense Results:

Assault and Battery on a Police Officer:     DISMISSED
Resisting Arrest:                                            DISMISSED

 

Criminal Charges - may 2011:     

Possession of Marijuana
Police Report:   Client is stopped for speeding by South Kingstown Police who notice the 2 back seat passengers acting in a suspicious manner.  When police approach the vehicle they observe a metal grinder and small bag of marijuana on the floor between the two rear seat passengers.  After being taken from the vehicle, Client tells police there is more marijuana in the glove compartment.  Client is charged with the marijuana in the glove compartment.

Defense Results:    

Possession of Marijuana:                   DISMISSED

 
Criminal Charges:

Domestic Assault and Battery

Police Report: Client and girlfriend argue in the parking lot of a restaurant. 7 independent witnesses, including 2 police officers, all give witness statements saying they observe Client standing over his girlfriend hitting her on both sides of her face while she lies on the ground. Narragansett Police observe multiple red marks and contusions on girlfriend’s face.

Result:

Domestic Assault and Battery: DISMISSED

 

Criminal Charges:

Possession of Marijuana

Police Report: Cranston Police stop Client for speeding and upon approaching the vehicle claim they smell a strong odor of marijuana. Police ask Client if there is any marijuana in the car and Client hands them a bag containing approximately one (1) ounce of marijuana.

Result:

Possession of Marijuana: DISMISSED

**UPDATE** The Cranston Police were ordered to return 29.5 grams of marijuana that was seized from Client.

 

Criminal Charges:

Possession of Marijuana

Police Report: Westerly Police stop a suspicious vehicle at 3:00am after vehicle fails to stop at a stop sign. Police detect a strong odor of burnt marijuana and find 6 grams underneath Client’s driver’s seat, and Client admits the marijuana belongs to her.

Result:

Possession of Marijuana: DISMISSED

 
Criminal Charges:

Domestic Assault and Battery (2 Counts); Domestic Disorderly Conduct

Police Report:   Client and spouse argue about pending divorce in the marital home, and Client strikes spouse in the face with an opened hand.  Client’s 18 year-old child attempts to intervene and is struck by Client.  South Kingstown Police respond to 911 call and observe Client yelling and screaming at spouse when they arrive at the scene.  Police also observe red marks on spouse’s face consistent with being slapped.

Result:

Domestic Assault and Battery:            DISMISSED
Domestic Assault and Battery:            DISMISSED
Domestic Disorderly Conduct:              DISMISSED

 

 
Criminal Charges:

Possession of Marijuana

Police Report:   Richmond Police stop to assist Client’s disabled vehicle.  Upon running the Client’s information, Richmond discovers a warrant for Client’s arrest for a failure to appear on a previous marijuana charge.  While patting Client down prior to his arrest on the outstanding warrant, police discover marijuana in Client’s front pocket.

Result:

Possession of Marijuana:                   DISMISSED

 
Criminal Charges:

Possession of Marijuana

Police Report:   Cranston Police stop Client for speeding and upon approaching the vehicle claim they smell a strong odor of marijuana.  Police ask Client if there is any marijuana in the car and Client hands them a bag containing approximately one (1) ounce of marijuana.

Result:

Possession of Marijuana:                   DISMISSED

 
Criminal Charges:

Domestic Disorderly Conduct; Domestic Malicious Damage to Property

Police Report:   Client and girlfriend argue after coming home from a night of drinking.  Client breaks a number of items in the home.  When Newport Police arrive, Client admits to police that he broke the items in the house.  

Result:

Domestic Malicious Damage:     DISMISSED
Domestic Disorderly Conduct:     DISMISSED

 
Criminal Charges:

Disorderly Conduct; Resisting Arrest; Obstruction of Justice

Police Report: Portsmouth police are called to a noise complaint at a local marina. Police observe Client and friends on Client’s boat with loud music playing in the background. When police ask Client to turn down the music, Client swears and yells at police while asking “don’t you have something better to do?” When police ask Client to quiet down, Client refuses and continues to swear at police. Police board Client’s boat to arrest Client who then physically struggles and resists arrest.

Result:

Disorderly Conduct: DISMISSED
Resisting Arrest: DISMISSED
Obstruction of Justice: DISMISSED

 

Criminal Charges:

Minor in Possession of Alcohol; Disorderly Conduct

Police Report: Portsmouth police are called to a noise complaint at a large party. As they arrive, police observe 18 year old client discard a can of Bud Lite. When questioned about the can, Client begins to yell and scream at police.

Result:

Minor in Possession of Alcohol: DISMISSED
Disorderly Conduct: DISMISSED

 

Criminal Charges:     

Domestic Assault and Battery; Domestic Vandalism; Failure to Relinquish Phone

Police Report: Newport Police respond to a report of yelling and screaming at approximately 2:00am.  When they arrive alleged victim tells police that Client struck her, smashed her cell phone when she tried to call for help, and prevented her from using the home phone to call police.  Client admits to taking the phone out of the alleged victim’s hand and smashing it against a wall.

Result:   

Domestic Assault and Battery:    DISMISSED
Domestic Vandalism:                  DISMISSED
Failure to Relinquish Phone:       DISMISSED

 

Criminal Charges:

Possession with Intent to Deliver Marijuana

Police Report: Client’s vehicle is stopped for speeding by the RI State Police. Trooper smells an overwhelming odor of marijuana, searches the car, and discovers a quarter-pound of marijuana in Client’s duffle bag. Client confesses that he was driving to Providence to sell the marijuana to students and friends at Johnson and Wales University.

Results:

DISMISSED

 

Criminal Charges:

Operating on a Suspended License

Police Report: Client is arrested by the East Providence for operating on a suspended license as a result of a traffic ticket issued 15 years ago.

Results:

DISMISSED

 

Criminal Charges:

Failure to Register as a Sex Offender; Violation of 5 year suspended sentence

Police Report: Client’s arrest by the Pawtucket Police for failing to register as a sex offender triggers a violation of a previous suspended sentence for the exact same offense.

Results:

DISMISSED; Violation of Suspended Sentence Withdrawn

 

Criminal Charges:

Assault and Battery on a Police Officer; Disorderly Conduct

Police Report: Providence Police respond to a report of a woman lying on the sidewalk. Police arrive and discover Client highly intoxicated and yelling at her boyfriend. When police attempt to calm her down and further investigate the matter, she punches and kicks the police officer.

Results:

Count One: DISMISSED
Count Two: DISMISSED


Criminal Charges:

Domestic Assault and Battery

Police Report: Alleged victim contacts Cumberland Police and reports that she has been struck in the face by Client. Police arrive at Client’s home and see fresh red marks on alleged victim’s face and Client admits to slapping victim in the face. Client is arrested by the police.

Results:

DISMISSED

 
Criminal Charges:

Simple Assault and Battery

Police Report: Client and friends observe Providence meter-maid placing a ticket on a friend’s car at 3:00am. Client removes ticket and allegedly throws it back at the meter-maid, and then slams her leg in her car door as she tries to exit her vehicle. Alleged victim calls her co-workers at the Providence Police Department and Client is arrested.

Results:

DISMISSED

 

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:

Count One: 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 Alcohol by a Minor

Police Report: Client walks into a liquor store and brings chosen alcoholic beverages to counter for purchase. Client presents fake Delaware ID card to undercover Smithfield police officer working at the liquor store. Client is arrested by the officer.

Results:

DISMISSED

 

Criminal Charges:

Disorderly Conduct

Police Report: Lincoln Police respond to a report of a disorderly patron at the Twin River valet. Police find Client yelling and screaming at the valet in front of numerous other guests. Valet was concerned that Client had too much to drink and would not bring out the car. Client then begins to yell and scream at Lincoln Police and is arrested for Disorderly Conduct.

Results:

DISMISSED

 

Criminal Charges:

Assault and Battery

Police Report: Client is charged with assaulting bartender at Providence restaurant when asked to leave due to intoxication. Providence Police respond to the scene and have to chase client for a few blocks and then tackle Client in lobby of his hotel in order to arrest him.

Results:

DISMISSED

 

Criminal Charges:

First Degree Sexual Assault (rape)

Police Report: Alleged victim tells Providence Police that she is out with Client and a large group of friends in Providence. After spending the night “clubbing”, Client and a friend accompany alleged victim to her home while her mother is home. Alleged victim claims that Client sexually assaulted her in her bedroom while his friend watched. Alleged victim goes to R.I. Hospital for a rape-kit test, gives a written statement against Client, and testifies in court at Client’s bail hearing.

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:

Domestic Assault and Battery

Police Report: Client discovers through emails that spouse is having an affair with a co-worker. Client is alleged to have struck spouse in the face, thrown spouse on the bed and held spouse down. Spouse gives a full written statement to the Newport Police Department detailing the alleged assault, and police observe red marks on spouse’s face and neck.

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


Criminal Charges:

Disorderly Conduct, Resisting Arrest

Police Report: Providence Police are breaking up a loud house party and Client refuses to leave the scene. After being ordered three (3) times to “move along”, Client refuses and makes a derogatory comment to the police. As police go to arrest Client, he resists having the handcuffs placed on him for approximately five (5) minutes.

Results:

DISMISSED


Criminal Charges:

Domestic Assault and Battery

Police Report: Johnston Police respond to a report of a domestic assault and battery between Client and his wife. Wife gives a written statement indicating that Client had struck her numerous times, and police observe wife to have redness and bruising around her right eye.

Results:

DISMISSED


Criminal Charges:

Possession with Intent to Deliver Cocaine; Possession of Cocaine between One Ounce and One Kilogram

Police Report: The police respond to a report of a domestic assault between my Client and her boyfriend. Upon arriving at the home, police report that they observe Client entering her motor vehicle in an attempt to leave the area. As police approach the vehicle to investigate the report of domestic assault, police observe a large bag containing a white powdery substance in plain view in center console of the motor vehicle. The substance later tested positive for cocaine, and weighed approximately three (3) ounces.

Results:

JURY VERDICT OF NOT GUILTY


Criminal Charges:

First Degree Child Molestation (2 counts)

Police Report: Client’s 17 year old step-daughter alleges that Client has been inappropriately touching her since she was a child. Step-daughter testified to two incidents of abuse amounting to first-degree child molestation. Client maintained his absolute innocence from day one, and Client was supported by the step-daughter’s mother, grandmother and brother, who all testified.

Results:

JURY VERDICT OF NOT GUILTY


Criminal Charges:

Domestic Assault and Battery; Violation of Suspended Sentence and Probation

Police Report: Mother of Client’s child and Client get into verbal altercation in a rented motel room. Alleged victim reports that Client slapped and choked after an argument over money. Police respond to the motel, and observe red marks and bruising on the alleged victim’s face and neck. An independent witness renting the room adjacent to Client’s room reports hearing a woman screaming “don’t hurt me” and “get off of me”. Client was on a 10 year suspended sentence and probation from a prior conviction.

Results:

VIOLATION OF PROBATION WITHDRAWN; CHARGES DISMISSED


Criminal Charges:

Harassing Phone Calls / Texts Messages Domestic

Police Report: Alleged victim, and former girlfriend of Client, reports to police that over the course of 2 days Client makes over 50 text messages threatening her, and the lives of her family. Alleged victim is able to show the police the actual text messages, and the police take photographs of the threatening text messages.

Results:

DISMISSED


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.

Attorney Macktaz Interviewed by Lawyers Weekly: Click here to read the article

Latest from the RI Criminal Defense Attorney Blog