Rhode Island Criminal Defense Legal Questions

In Nevada, the law requires a sentencing judge to consider the fact that children under the age of 15 were passengers in a vehicle being driven by a DWI driver as an aggravating factor. The penalty for a misdemeanor DWI is up to 6 months in jail. If children were present in the vehicle, a judge will consider imposing a more severe penalty than an unaggravated DWI.... Read More

In most cases, a Rhode Island attorney will not be able to clear your bench warrant for failure to appear for your court date. The Rhode Island courts require a criminal defendant to appear in person for all matters. The only exception would be for court dates that relate to fines and costs only. A lawyer could pay your case in full on your behalf, and you would not have to appear.... Read More

There are many things you can do. First speak to the police prosecutor or the town solicitor and request that the charge be dismissed upon the paying of an amount to the victim's indemnity fund. If that does not work request a filing (continued without a finding) this will last for one year and then the case will be dismissed. If this fails request a jury trial in the Superior Court, this will give you time to delay the matter for a few months and when the Superior Court prosecutor realizes that your case is a marihuana possession case you probably can obtain a satisfactory resolution of the matter.... Read More

Unfortunately, the Rhode Island rules are fairly clear; if you have a felony record, you may be precluded from visitation. To better answer your question, a qualified lawyer may review your particular record and determine whether the specific felonies that you have been convicted of are subject to denial of visitation. An appeal to the prison administration is also possible, however, rarely granted.... Read More

In some instances, a citizen may request and obtain two U.S. passports. One passport would be the normal 10-year passport. The second is a limited-validity passport, normally valid for 1 or 2 years. Second passports, while often r4eferred to as duplicate passports, are not really "duplicates" as the second passport will have its own issuance and expiration dates and a distinct passport number. Second passports are not favored by the State Department. The are most frequently requested either (1) to obtain a visa for travel to another country, at a time when your passport is in processing in the U.S. to obtain a visa for a different country, or (2) for travel to countries (particularly applicable for the Middle East and Israel) that will not allow entry to someone whose passport bears a stamp from an enemy country. By having a second passport, one can show a different passport when entering each country thereby avoiding having to show a passport bearing a stamp from an enemy country. To obtain a second passport, you will have to submit your most recent U.S. passport. You must have been at least 16 years old when it was issued and your name must be the same now as when it was issued (or you will have to provide evidence of a marriage certificate or court-ordered change of name.) You will also have to submit a statement to the State Department containing a valid reason for needing the second, limited-validity passport, such as those I listed above. All statements and documents are subject to verification. If you willfully and knowingly make a false statement in your passport application, or on the documents submitted with the application, you are subject to being charged with a federal crime that carries a possible prison sentence. It is also a crime to alter or mutilate a passport or to use a second, limited-validity passport in violation of its restrictions or U.S. passport regulations.... Read More