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Recent Blog Posts in 2010

40 posts found. Viewing page 1 of 2. Go to page 1 2   Next
July 29, 2010
  URI Sexual Assault
Posted By Robert Humphrey

As reported by Michael McKinney in the July 21, 2010 edition of the Providence Journal, a sexual assault trial involving four URI students began.  Two male students are charged with first degree sexual assault "by force and coercion."  The alleged victim is a fellow URI student and the alleged incident occurred at a party in a residence hall on URI campus.  In an interesting twist, a female URI student was also charged with first degree sexual assault in connection with this case, but her case has not yet gone to trial. 

Both alcohol and marijuana were present at the party and the victim admitted to consuming several shots of vodka.  It is unclear whether either of the defendants drank alcohol or smoked marijuana that night. 

If you or a family member have been charged with rape, sexual assault or other sex crimes please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process.  Contact Robert H. Humphrey at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.
Continue reading "URI Sexual Assault " »

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July 26, 2010
  Bristol Procurement of Alcohol for Minor Charge Dismissed
Posted By Robert Humphrey

In July of 2010, Rhode Island DUI and Alcohol Offense lawyer, Robert H. Humphrey, used his over fifteen (15) years of legal experience as both a Prosecutor and Defense Attorney to have a Bristol Police procurement of alcohol for minor charge dismissed before the 6th Division District Court.

If you or a family member has been charged with furnishing or procurement of alcohol for a minor or underage possession of alcohol, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successful guide you through the legal process. Contact Attorney Robert H. Humphrey at (401) 816-5862 or email him at rhh@rhumphreylaw.com.
Continue reading "Bristol Procurement of Alcohol for Minor Charge Dismissed" »

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July 21, 2010
  The Bridge to Nowhere
Posted By Robert Humphrey

As reported by Amanda Milkovits in July 13, 2010 edition of the Providence Journal, a Massachusetts man was in an unusual car accident.  The man went the wrong way on a one way street and then ignoring signs, went through a construction zone and off a bridge "that wasn't there."  The man's car went off the ramp that used to allow access to Route 195.  A construction crew had been dismantling the old bridge and it no longer existed. The car fell more than 10 feet onto another construction site and was badly damaged.  At the scene of the accident, the driver failed a field sobriety test and refused a chemical breathalyzer test.  He was charged with Refusal and traffic violations, including driving the wrong way. 

If you or a family member have been charged with traffic violations, refusal to submit to a chemical test or other driving related violations please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process.  Contact Robert H. Humphrey at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.
Continue reading "The Bridge to Nowhere" »

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July 12, 2010
  Unlawful Extraterritorial Arrest Results in DUI Dismissal
Posted By Robert Humphrey

In its June 22, 2010 decision the Massachusetts Appeals Court in Commonwealth v. Limone reversed the Defendant's conviction for a fourth or subsequent drunk driving offense and held that "a police officer's power to make a warrantless arrest is generally limited to the boundaries of the jurisdiction in which the officer is employed, and, absent fresh pursuit for an arrestable offense, a police officer is generally without authority to make an arrest outside of his jurisdiction.  Outside his jurisdictional boundaries, a police officer stands as a private citizen, and, if not in fresh and continued pursuit of a suspect, an arrest by him is valid only if a private citizen would be justified in making the arrest under the same circumstances.  In this case the defendant was suspected only of a misdemeanor motor vehicle offense.  It was subsequent investigation that disclosed the defendant had been convicted on at least six prior occasions of operating while under the influence of liquor.  Thus, the seizure of the defendant was unlawful.  The remedy for such an unlawful stop and arrest is exclusion of the evidence under the 'fruit of the poisonous tree doctrine.'  In this case, since the only evidence would have not been obtained but for the unlawful stop and subsequent arrest the judgments are reversed, the verdicts are set aside and judgments are to be entered for the defendant."

The Limone decision is based in large part upon the Massachusetts Supreme Judicial Court's 1990 decision in Commonwealth v. LeBlanc in which the Court held that a police officer had no authority to make a warrantless arrest outside of his jurisdiction when the offense for which he pursued the motorist across the jurisdictional boundary was a non-arrestable traffic violation.  In addition, the Court held that the police officer had no authority to pursue and stop a motorist over the boundary of the officer's jurisdiction in order to deliver a citation for a non-arrestable traffic violation.

In any drunk driving case a question may arise as to whether the arresting officer had authority to apprehend the suspected drunk driver in another jurisdiction.   In Rhode Island the statutes controlling extraterritorial warrantless arrests are R.I.G.L. 12-7-19 (Arrest after close pursuit by officers from cities or towns) and R.I.G.L. 45-42-1 (Emergency police power).  The close pursuit statute states that "any member of a municipal peace unit of another city or town of the state who enters any city or town in close pursuit, of a person in order to arrest him or her for a violation of the motor vehicle code in the other city or town and continues within any city or town in close pursuit, shall have the same authority to arrest and hold the person in custody as members of the municipal peace unit in any city or town."  The intent of the close pursuit statute is to allow a police officer from one Rhode Island community to enter into another Rhode Island community if in close pursuit of a suspect for an arrestable offense.  The intent of the statue was upheld in the 2001 decision of the Rhode Island Supreme Court in State v. Kinder.  In Kinder, the Court held that "based on the totality of the circumstances, town police officer had probable cause to arrest defendant within town and to charge him with reckless driving, and thus, officer had authority to closely pursue defendant into nearby city to make the same arrest, under statute authorizing out-of-jurisdiction arrest after close pursuit, where officer observed the defendant driving 65 miles per hour (mph) in a 25 mph zone and move from traveling lane to passing lane without signaling, narrowly avoiding collision with another vehicle."

The emergency police powers statute states that "when the police chief of a city or town within the state or his or her designee requests emergency police assistance from another police department within the state, the officers responding to the request shall be subject to the authority of the requesting chief and have the same authority, powers, duties, privileges, and immunities of a duly appointed police officer of the city or town making the request, until the requesting chief of police discharges and releases the assisting police officers to their own departments."  The intent of the emergency police powers statute was upheld in the case of State v. Ceraso, in which a Newport police officer was instructed by his superior officer to respond to a roll-over accident that had occurred on the Jamestown side of the Newport Bridge.  Upon his arrival, the Newport police officer "observed a scene of absolute chaos."  After setting up a roadblock, the Newport police officer observed a vehicle, driven by Mr. Ceraso, fail to obey  his command to stop at the roadblock and the vehicle sped by him in an erratic manner.  Subsequently, Mr. Ceraso was stopped by another Newport police officer and arrested for drunk driving.  The Rhode Island Supreme Court in upholding the drunk driver's conviction held that the "officer was justified in stopping the vehicle pursuant to the emergency police power exception to the general rule that the authority of the local police department is limited to its own jurisdiction."

In both Massachusetts and Rhode Island drunk driving cases the question of extraterritorial warrantless stops and arrests are always an important issue and may be fatal to the State's prosecution of these serious cases.  If you or a family member have been charged with drunk drivingrefusal to submit to a chemical test or other driving related violations please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process.  Contact Robert H. Humphrey at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

Continue reading "Unlawful Extraterritorial Arrest Results in DUI Dismissal" »

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July 09, 2010
  Date Rape
Posted By Robert Humphrey

As reported in the July 1, 2010 Providence Journal, the Rhode Island General Assembly passed a new law focused on date rape.  "Date Rape" refers to a specific type of sexual assault.  Sometimes drugs are used to alter the victim physically or mentally, making it easier for the sexual assault to occur.  The new bill makes it a felony for a person to distribute a controlled substance to another person without their knowledge with the intent to commit a crime of violence against that person.  Even if the perpetrator does not actual commit the crime of violence, he/she can be convicted under the new law.  If convicted, a person can face up to ten (10) years in prison.

The bill was proposed over two years ago and based on a real situation that happened in Warwick, RI.  A man put a drug into a woman's drink, but luckily, her friends witnessed his actions.  The man was then detained until police arrived. However, the police had to let the man go because at the time no crime had been committed.

If you or a family member have been charged with rape, sexual assault or other sex crimes please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process.  Contact Robert H. Humphrey at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

Continue reading "Date Rape " »

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July 07, 2010
  Crash Victim Inspires Legislation
Posted By Robert Humphrey

As reported in the July 1, 2010 Providence Journal, Governor Carcieri signed the Colin B. Foote Bill into law.  The bill, named after accident victim, Colin Foote, is designed to keep habitual traffic offenders off of the roads.  In May 2010, Foote was hit and killed by a woman who had 27 moving vehicle violations.  Her moving violations included 13 speeding tickets and 8 warnings.    Under the new law, motorists who are convicted of four (4) moving violations in an 18 month period can be labeled as "habitual offenders." Speeding, using the breakdown lane for travel, disobeying stop signs, failure to use a turn signal, and aggressive driving are all types of moving violations under the new law.  

In addition to being labeled "habitual offenders", a motorist's license can be suspended for up to one (1) year or it may be revoked.  Additional penalties include a fine up to $1,000, sixty (60) hours of community service and sixty (60) hours of driver retraining.

If you or a family member have been charged with traffic violations, refusal to submit to a chemical test or other driving related violations please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process.  Contact Robert H. Humphrey at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.
Continue reading "Crash Victim Inspires Legislation" »

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June 29, 2010
  Extraterritorial Stop/Arrest Result in Reversal of Drunk Driving Conviction
Posted By Robert Humphrey

In its June 22, 2010 decision, the Massachusetts Appeals Court reversed the guilty verdict imposed by a Superior Court Jury which found the defendant "guilty of operating a motor vehicle while under the influence of alcohol and operating a motor vehicle after revocation of his license.  The same Jury found the Defendant guilty of operating a motor vehicle while under the influence of alcohol, fourth or subsequent offense."  The Massachusetts Appeals Court granted the Defendant's motion to suppress evidence, which included the field sobriety and breath test results, on the grounds that the Officer had conducted an unlawful extraterritorial stop and arrest of the Defendant while he was off duty and outside his jurisdiction.  After his vehicle was struck by the Defendant, the Officer did the following:  "(1) direct[ed] the defendant to step out of the vehicle; (2) direct[ed] the defendant to get back in his vehicle and to wait for the police; and (3) remov[ed] the keys from the ignition of the defendant's vehicle."  The Massachusetts Appeals Court held that the Officer's actions constituted a seizure under the 4th Amendment to the U.S. Constitution and Article 14 of the Massachusetts Declaration of Rights.  In its analysis the Massachusetts Appeals Court held that "a police officer's power to make a warrantless arrest is generally limited to the boundaries of the jurisdiction in which the Officer is employed, Commonwealth v. LeBlanc, 407 Mass. 70, 72 (1990), and, absent fresh pursuit for an arrestable offense, a police officer is generally without authority to make an arrest outside his jurisdiction. Commonwealth v. Savage, 430 Mass. at 343."

In every drunk driving case it is important to consider the issues of the lawfulness of the stop and arrest of the motorist by the police.  If you or a family member has been charged with drunk driving (DUI, DWI, OUI) or refusal to submit to a chemical test in Rhode Island or Massachusetts, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process.  Contact Robert H. Humphrey, Esq., at (401) 816-5862 or email him at rhh@rhumphreylaw.com.
Continue reading "Extraterritorial Stop/Arrest Result in Reversal of Drunk Driving Conviction " »

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June 24, 2010
  Road Rage = Crime
Posted By Robert Humphrey

As reported in the June 16, 2010 Providence Journal, two men were involved in a "road rage" incident, which led to criminal charges.  Both men have been charged with simple assault because of an altercation on the side of the road.  The incident started when one man allegedly cut off the other.  They then drove next to each other, cutting each other off and eventually pulled over on the side of Route 24.  Both men got out of their respective cars and confronted each other.  It became physical when one man grabbed the other's arm and he retaliated with pepper spray.  Although both men were only charged with simple assault, they could have faced much harsher penalties under Rhode Island law.

Road rage can easily escalate into situations involving high speeds, unsafe driving, car crashes and police chases.  These can all lead to criminal charges of reckless driving and eluding police. 

Rhode Island General Law 31-27-4 Reckless Driving:

Any person who operates a motor vehicle recklessly so that the

lives or safety of the public might be endangered, or operates a

vehicle in an attempt to elude or flee from a traffic officer or

police vehicle, shall be guilty of a misdemeanor for the first

conviction and a felony for the second and subsequent conviction.

Rhode Island General Law 31-27-4.1 Eluding Police:

                                Any person who in an attempt to elude or flee from a police

 officer in an emergency police vehicle in a high speed pursuit

of the person, operate a motor vehicle at speeds greater than

fifteen (15) miles per hour over the speed limit or who causes

property damage only in excess of one thousand dollars ($1,000).

The penalties for violation of the eluding police statute (R.I.G.L. 31-27-4.1) include the following:

First Offense:

  • Imprisonment of up to one year;
  • A fine of not less than $500 and not more than $1,000;
  • License suspension of not less than ninety (90) days but not more than six (6) months; and
  • Forfeiture of motor vehicle.

Second and Subsequent Offenses:

  • Imprisonment not less than two (2) years but not more than five (5) years;
  • A fine of not less than $2,000 and not more than $5,000;
  • License suspension of not less than one (1) year but not more than five (5) years; and
  • Forfeiture of motor vehicle.

If you or a family member has been charged with reckless driving, eluding police or other driving related crimes please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process.  Contact Robert H. Humphrey at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

Continue reading "Road Rage = Crime" »

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June 18, 2010
  Police Arrest Their Own on Drug Charges
Posted By Robert Humphrey

As reported by W. Zachary Malinowski, Amanda Milkovits and Tracey Breton in the June 10, 2010 Providence Journal and Kate Bramson in the June 15, 2010 Providence Journal, four police officers and one corrections officer were indicted on drug charges.  These new indictments are all part of the undercover operation known as Operation Deception, organized by the Rhode Island State Police. The original investigation led to the arrest of three police officers in March.  As the investigation continued, another police officer, a corrections officer and 19 other people were also arrested.  In total 24 people have been indicted and charged with 89 counts.  Two other suspects turned themselves in to the Rhode Island State Police following the indictments.  The Rhode Island State Police used wiretaps and electronic car monitoring during their investigation, which helped lead to the arrests. 

Two of the four police officers arrested and charged were veteran narcotics detectives from the Providence Police Department and had served in the narcotics division for fifteen years.  Both were part of an investigation in 2004 which led to more than $1 million worth of cocaine being seized.  At the time, that was the largest drug seizure in the history of the Providence Police Department. 

All 24 people were charged with drug related offenses, including conspiracy to deliver marijuana, conspiracy to deliver cocaine, possession of cocaine, harboring a drug dealer, solicitation to deliver cocaine, and possession of cocaine with intent to deliver.   The alleged drug dealer is Albert Hamlin, the brother of one of the police officers who was charged.  Hamlin is charged with 21 counts of possession with intent to deliver cocaine.  It is believed that Hamlin received protection from his brother for his drug dealing, including tipping him off about other police officers.

If you or a family member has been charged with drug possession, possession with intent to deliver or other drug related crimes please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process.  Contact Robert H. Humphrey at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.
Continue reading "Police Arrest Their Own on Drug Charges" »

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June 17, 2010
  New Expungement Bill Approved
Posted By Robert Humphrey

As reported by Katherine Gregg in the June 3, 2010 Providence Journal, the Rhode Island House voted to approve the proposed expungement bill.  Under current Rhode Island law, first time offenders are allowed to permanently seal their records after a certain period of time has passed, if they met certain statutory requirements.  The new bill would affect people who are given deferred sentences.  A deferred sentence means a defendant pleads guilty or nolo contendere (no contest), but avoids a trial.  The approved bill would automatically seal a record of someone given a deferred sentence, if that person stays out of trouble for the next five years, regardless of the crime charged. An earlier version of this bill passed, but was vetoed by Governor Carcieri in 2008.  The approved bill will now be voted on by the Rhode Island Senate.

If you or a family member wants to have a criminal record sealed or expunged, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process.  Contact Robert H. Humphrey at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.
Continue reading "New Expungement Bill Approved" »

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June 14, 2010
  Sex Offender Commits New Crime
Posted By Robert Humphrey

As reported by Tatiana Pina in the May 27, 2010 Providence Journal, a Providence sex offender was charged with three new crimes, felony assault, breaking and entering and failure to notify the police of a change of address.  He broke into a woman's apartment and pulled out a knife.  The woman was able to defend herself and then forced the sex offender to leave her apartment.  The man was labeled a sex offender because of a 2003 conviction for sexual assault of a minor at gunpoint.  He served time at the Adult Correctional Institutions (ACI) before being released last summer.

If you or a family member is charged with sexual assault or other sex crimes, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process.  Contact Robert H. Humphrey at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.
Continue reading "Sex Offender Commits New Crime" »

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May 27, 2010
  Sex Offenders Held Indefinitely
Posted By Robert Humphrey

As reported by the Associated Press on May 17, 2010, the U.S. Supreme Court ruled that the federal government has the power to hold inmates in prison after their prison terms are complete, if the prisoner is considered "sexually dangerous."  Labeling a prisoner sexually dangerous means prison officials have determined there is a "risk of sexually violent conduct or child molestation" if the prisoner is released.  The decision by the Court allows prisoners to be held indefinitely, beyond the term of their prison sentence, a form of civil commitment. A group of four inmates were challenging their commitment, after being held two years beyond the end of their prison terms.  The men were charged with possession of child pornography or sexual abuse of a minor.

If you or a family member is charged with child pornography or other sex crimes, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process.  Contact Robert H. Humphrey at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.
Continue reading "Sex Offenders Held Indefinitely" »

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May 21, 2010
  Police Chase Leads to Capture of Wanted Man
Posted By Robert Humphrey

As reported by Felice Freyer in the May 17, 2010 Providence Journal, a police chase led to the arrest of a Pawtucket man.  The RI State Police responded to a 911 call about a motorist hitting a Jersey barrier on Rt. 95 and continued driving.  The police were able to locate the vehicle and tried to stop it.  During the chase, the police learned the motorist was driving a stolen car.  The car chase ended on Gano Street when the motorist jumped from his car while it was running and proceeded to run away on foot. His car then rolled backwards into a house.  As the police pursued the motorist on foot, they observed him swallow a plastic bag, which the police believe contained heroin.  After the motorist was arrested, the police learned he was wanted on three outstanding warrants. The motorist also faces new charges of possession of a stolen motor vehicle, reckless driving, eluding a police officer, drunk driving (DUI), resisting arrest, simple assault, malicious damage and driving with a suspended license.

If you or a family member is charged with drunk driving (DUI), assault or other crimes, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process.  Contact Robert H. Humphrey at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.
Continue reading "Police Chase Leads to Capture of Wanted Man" »

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May 17, 2010
  Sexting Leads to Stabbing
Posted By Robert Humphrey

As reported by Talia Buford in the May 11, 2010 Providence Journal, sexting was the reason behind the fight between mother and daughter.  The fight escalated to the point where the 14 year old daughter stabbed her mother in the chest.  The 14 year old has been charged with assault with a deadly weapon and is being held at the Rhode Island Training School.  The girl's mother said her daughter has "sexted" before and she was trying to take away her daughter's cell phone when the fight broke out.

If you or a family member is charged with an Internet crime, such as sexting or a crime of violence, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process.  Contact Robert H. Humphrey at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.
Continue reading "Sexting Leads to Stabbing" »

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May 10, 2010
  Marijuana Bill Debated
Posted By Robert Humphrey

As reported by Katherine Gregg in the May 5, 2010 Providence Journal, members of the Senate Judiciary Committee conducted hearings on a proposed bill to decriminalize marijuana.  Under current Rhode Island law, any possession of marijuana is a misdemeanor and penalties including a $200-$500 fine and up to one year in jail.  The new proposal would decriminalize marijuana possession of one ounce or less and instead of facing criminal charges, possession would be a civil offense.  The sole penalty would be a fine ranging from $150-$1,000 for first time offenders.  Repeat offenders could eventually be charged with a misdemeanor.  Proponents of decriminalization argue this bill will help reduce the prison population and raise revenue for the State through taxes on the sale of marijuana.  Opponents express concern about the impact on "young people of making marijuana a more legally and socially acceptable drug."   Although the debate regarding decriminalization of marijuana continues, it is important to remember that possession of marijuana is still a crime in Rhode Island.

If you or a family member has been charged with possession of marijuana or any other drug possession charge, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process.  Contact Robert H. Humphrey at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.
Continue reading "Marijuana Bill Debated" »

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May 07, 2010
  Cranston Traffic Stop
Posted By Robert Humphrey

As reported by C. Eugene Emery Jr. in the May 4, 2010 Providence Journal, Cranston police conducted a routine traffic stop of a speeding car.  During the stop, the police noticed markings on the car's armrest, which led them to a secret compartment inside the vehicle.  Upon opening the secret compartment, police discovered a loaded semiautomatic handgun and rounds of ammunition.   Police then arrested the passenger of the vehicle and charged him with felony counts of having a loaded weapon in a vehicle, not having a license for the handgun and being a convict in possession of a firearm. 

If you or a family member is charged with a crime of violence or a possession of a firearm, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process.  Contact Robert H. Humphrey at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.
Continue reading "Cranston Traffic Stop" »

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May 05, 2010
  R.I. Law Day
Posted By Robert Humphrey

I am honored to have had the opportunity to present with Judge Hastings, Judge Houlihan, Attorney Kimberly Petta and Trooper Yelle the Rhode Island Law Day program at the Newport County Superior Court.  The Rhode Island Law Day program focused on the serious issues of Cyber-Bullying and the dangers of posting personal information on the Internet.  In attendance at the program were over seventy students from Thompson Middle School located in Newport, Rhode Island.  The Rhode Island Bar Association does an excellent job in presenting programs throughout the State for middle school and high school students to celebrate Law Day.  It is extremely beneficial for young people to understand our judicial system and to have an opportunity to discuss topics which are relevant to them.

If you or a family member has been charged with an Internet crime such as Cyber-Bullying or Sexting, which can lead to child pornography charges, please contact the Law Offices of Robert H. Humphrey.  Attorney Robert H. Humphrey is a recognized leader in the area of sex crimes and Internet-related crimes and his office serves all of Newport County (Newport, Middletown, Portsmouth, Tiverton, Little Compton), Washington County (Charlestown, Exeter, Hopkinton, Narragansett, New Shoreham, North Kingstown, Richmond, South Kingstown, Wakefield and Westerly),  Kent County (Coventry, East Greenwich, Warwick, West Greenwich and West Warwick), and Providence County (Burrillville, Central Falls, Cranston, Cumberland, East Providence, Foster, Glocester, Johnston, Lincoln, North Providence, North Smithfield, Pawtucket, Providence, Scituate, Smithfield and Woonsocket).  Please contact Attorney Robert H. Humphrey at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

Continue reading "R.I. Law Day" »

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April 30, 2010
  Sexting
Posted By Robert Humphrey

As reported by Talia Buford in the March 2, 2010 Providence Journal, a bill has been introduced at the General Assembly to protect minors engaged in "sexting."  Under current Rhode Island law, minors caught "sexting" can be prosecuted under the child pornography statute.  If convicted, minors would be labeled as a lifetime sex offender.  Under the proposed bill, minors caught sexting would be referred to Family Court and charged with a status offense.   If convicted, the minor would be treated with intervention and counseling instead of jail time.   On April 7, 2010, the House Committee on Judiciary held a hearing on the proposed sexting bill.

If you or a family member have been charged with a sex crime in Rhode Island, including sexting or other criminal offenses, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process.  Contact Robert H. Humphrey at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

Continue reading "Sexting " »

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April 26, 2010
  Domestic Violence
Posted By Robert Humphrey

As reported by Tatiana Pina and Amanda Milkovits in the April 20, 2010 Providence Journal, a woman was arraigned in District Court last week on a charge of murdering her ex-boyfriend during a fight in her Providence apartment.  According to the Rhode Island Coalition Against Domestic Violence, this is the fifth domestic-related death in Rhode Island during 2010. 

If you or a family member have been charged with a domestic violence crime or other criminal offenses, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process.  Contact Robert H. Humphrey at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

Continue reading "Domestic Violence" »

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April 14, 2010
  R.I. Bar Assoc. DUI: Beyond the Basics
Posted By Robert Humphrey

I am honored to have recently addressed the Rhode Island Bar Association in both Providence and Wakefield regarding the successful prosecution and defense of drunk driving (DUI, DWI, OUI) and Refusal cases.  As the Country strives for more stringent drunk driving laws, it is important for both prosecutors and defense attorneys to be aware of the most recent case law in connection with drunk driving and/or Refusal to Submit to a Chemical Test cases.  This continuing legal education program focused on the issues beyond the basics of these types of complicated cases.  Significant recent cases addressing the admissibility of chemical test results, the admissibility of the standardized field sobriety tests, and the suspect's statutory and constitutional rights to a timely release on bail were analyzed.  Emphasis was given to the teaching of advanced trial techniques and practice pointers for the successful prosecution and defense of DUI and Refusal cases.

The law of drunk driving and refusal to submit to a chemical test is an ever evolving area of the law.  If you or a family member has been charged with drunk driving (DUI, DWI, OUI) or refusal to submit to a chemical test in Newport County (Jamestown, Little Compton, Middletown, Newport, Portsmouth, Tiverton), Washington County (Charlestown, Exeter, Hopkinton, Narragansett, New Shoreham, North Kingstown, Richmond, South Kingstown, Westerly), Kent County (Coventry, Cranston, East Greenwich, Foster, Johnston , Scituate, Warwick, West Greenwich, West Warwick), or Providence County (Barrington, Bristol, Burrillville, Central Falls, Cumberland, East Providence, Glocester, Lincoln, North Providence, North Smithfield, Pawtucket, Providence, Smithfield, Warren, Woonsocket), please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process.  Contact Robert H. Humphrey, Esq. at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com

Continue reading "R.I. Bar Assoc. DUI: Beyond the Basics" »

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April 12, 2010
  Cumberland DUI
Posted By Robert Humphrey

Cumberland Police Department charges:  (1) DUI and (2) Refusal to Submit to a Chemical Test.

Resolution:  Based on my defense motions and argument before the Court, the DUI charge before the 6th Division District Court was amended to Reckless Driving and the Refusal to Submit to a Chemical Test charge before the Rhode Island Traffic Tribunal was dismissed.  The benefit of this disposition is that my client did not sustain a criminal conviction or the usual three (3) to six (6) month loss of license in connection with a DUI charge or the usual six (6) to twelve (12) month loss of license in connection with a Refusal charge.

If you or a family member has been charged with DUI, DWI, drunk driving, Refusal to Submit to a Chemical Test and/or Reckless Driving, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process.  Contact Robert H. Humphrey, Esq. at (401) 816-5862 or E-mail him at rhh@rhumphreylaw.com.

Continue reading "Cumberland DUI" »

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April 08, 2010
  DUI and Deportation
Posted By Robert Humphrey

As reported by Kate Bramson in the April 6, 2010 Providence Journal, the Rhode Island State Police arrested an "erratic driver who apparently caused on accident on Route 10 early Monday morning and is now charged with drunk driving and facing deportation."  It is alleged that the driver is in this Country illegally and has been charged by the Rhode Island State Police with obstruction of a police officer, driving without a license, chemical test refusal, DUI and reckless driving.

If you or a family member have been charged with a DUI, Refusal to Submit to a Chemical Test and/or Reckless Driving, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process.  Contact Robert H. Humphrey at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

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April 02, 2010
  Militia Group Arrested
Posted By Robert Humphrey

As reported by Niraj Warikoo of the Detroit Free Press in the March 31, 2010 Providence Journal, militia groups are a growing trend in the United States because of the troubled leadership at the Federal level, the poor economy and the country's changing demographics.  "The number of extremist anti-government groups and militias grew from 149 in 2008 to 512 in 2009, …"  The Michigan-based militia group "allegedly planned an uprising against the U.S. Government."  It is alleged by Federal officials in Michigan that the nine member anti-government group was plotting to use "weapons of mass destruction."

If you or a family member is charged with a crime of violence or conspiracy to commit a crime of violence, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process.  Contact Robert H. Humphrey at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

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March 30, 2010
  Felony Assault
Posted By Robert Humphrey

"A North Kingstown man faces two counts of felony assaults with a dangerous weapon, carrying a weapon while intoxicated and not having a permit to carry a pistol, after an incident" in North Kingstown as reported by Donita Nayllr in the March 25, 2010 Providence Journal.

If you or a family member is charged with a felony assault, a domestic assault, a simple assault, an assault with a dangerous weapon, carrying a weapon while intoxicated or possessing a firearm without a permit, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process.  Contact Robert H. Humphrey at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

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March 25, 2010
  Video Voyeurism
Posted By Robert Humphrey

A three (3) year suspended sentence with probation is the sentence received by a Barrington man charged in 2005 with video voyeurism.  The Barrington man pled guilty to one (1) count video voyeurism after he took an inappropriate photograph of a young girl at his Warren coffee shop.

 

As reported by Linda Borg in the March 24, 2010 Providence Journal, the video voyeurism law “was enacted in 2004 to protect people from being secretly photographed or videotaped.  The crime carries a penalty of up to three years in prison and a $5,000.00 fine.”  The Barrington man was also charged with one (1) count of possession of marijuana.  “At the time of his arrest, the police said they had found photos of the girl on Byrne’s digital camera along with images of more than fifty ‘unsuspecting’ adult women.”

 

If you or a family member has been charged with a sex crime in Rhode Island, including video voyeurism, please allow Attorney Robert H. Humphrey’s reputation, experience and skill to successfully guide you through the legal process.  Contact Robert H. Humphrey at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

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