Recent Blog Posts in January 2010

As reported in the January 18, 2010 Rhode Island Lawyers Weekly, the First Circuit U.S. Court of Appeals has held that provisions of the Adam Walsh Child Protection and Safety Act which “provides for the civil commitment of a sexually dangerous person already in federal criminal custody in lieu of that person’s release upon service of his full sentence, we hold that this civil commitment provision ‘comes within the legitimate scope of congressional power conferred by the Necessary and Proper Clause of the federal Constitution.’”  Furthermore, “the exercise of a federal commitment power embodied in [18 U.S.C.] §4248 operates to prevent the release into society at large of sexually dangerous persons as to whom the federal government has custodial responsibility.”

If you or a family member has been accused of a sex crime it can be one of the most embarrassing and traumatic events in a person’s life.  Please allow Attorney Robert H. Humphrey’s reputation, experience and skill to successfully guide you through the legal process when you have been charged with a sex offense in Rhode Island.  Contact Attorney Robert H. Humphrey at (401) 816-5862 or E-mail him at rhh@rhumphreylaw.com for a free consultation.

“Decriminalizing marijuana might save the state millions of dollars in prosecution and prison costs, or it could have the opposite effect and make a drug that is currently illegal in Rhode Island – and most of the United States – much more readily available to anyone within the state’s borders, including teenagers, “ reports Katherine Gregg, State House Bureau reporter in the January 20, 2010 Providence Journal.  Proponents for decriminalizing marijuana argue that “the state could save upwards of $2.2 million annually in prison costs alone by decriminalizing the possession of less than an ounce of marijuana.”

As the debate regarding the possibility of decriminalizing marijuana continues in the State of Rhode Island it is important to remember that  possession of marijuana is still a crime.  Therefore, if you or a family member has been charged with possession of marijuana please contact  Attorney Robert H. Humphrey at (401) 816-5862 or E-mail him at rhh@rhumphreylaw.com.

“The executive director of the Rhode Island League of Cities and Towns was pulled over by the Cranston police and charged with drunken driving on Sunday night,” as reported by Steve Peoples, State House Bureau Reporter, in the January 13, 2010 Providence Journal.

Prior to his arrest, the Executive Director confirmed “that he had been drinking at home” and had to go out regarding “a family matter.”  The executive director stated “I hadn’t planned on going out,… but I did go out, which was stupid.”

If you or a family member has been charged with DUI, DWI, drunk driving or Refusal to Submit to a Chemical Test, please contact  Robert H. Humphrey, Esq. at (401) 816-5862 or E-mail him at rhh@rhumphreylaw.com.

On Monday, January 11, 2010, the Warwick DUI charge against Federal Prosecutor for the District of Rhode Island Gerard B. Sullivan was dismissed based on his plea to the Refusal to Submit to a Chemical Test charge at the Rhode Island Traffic Tribunal.  In many Rhode Island DUI and Refusal cases the State and Municipal Prosecutors are willing to consider the dismissal of the criminal DUI charge in exchange for a Defendant’s plea to the civil Refusal charge at the RITT if it is a first offense and there is no accident.

For more information regarding drunk driving cases, please see my article entitled Effects of Revised Regulations on Drunk Driving and Refusal Cases, which is published in the July/August, 2008 edition of the Rhode Island Bar Journal, and which can be found on my Attorney Profile page. 

In the January 11, 2010, Providence Journal, staff writer, Katie Mulvaney, reported that a “Barrington teenager who served two years at the state Training School for driving drunk in the 2007 crash that killed his best friend is suing other teenagers and a liquor store alleged to have played a role in the 16-year-old’s death.”  The lawsuit alleges that individuals, including the “liquor store that sold the teenagers beer and vodka that day, were also negligent and should be held jointly liable.”  The civil and criminal liability of adults who furnish or procure alcohol for underage persons is addressed in my Social Host Liability article which was recently published in the Rhode Island Bar Journal.

If you or a family member has been charged with a violation of the Rhode Island Social Host Laws, please contact Attorney Robert H. Humphrey, Esq. at (401) 816-5862 or E-mail him at rhh@rhumphreylaw.com.

As reported by staff writer, Amanda Milkovits, in the December 22, 2009, edition of the Providence Journal, “for the second time in eight years, a former middle school teacher and church deacon has been accused of trying to solicit an underage girl over the Internet.”

In the past, the accused was caught in the same manner because the underage person he thought he was communicating with over the Internet was actually a member of the Rhode Island State Police Internet Crimes Against Children Task Force.  Upon his arrest, the accused was arraigned before the Providence District Court on charges of possession of child pornography.  The accused “had recently completed five years of probation and served two years in prison, after pleading guilty in 2002 to attempted statutory rape and sending child pornography over the Internet.”

Pursuant to R.I.G.L. 11-9-1.3 child pornography is defined as any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct where:  (i) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct; (ii) such visual depiction is a digital image, computer image, or computer-generated image of a minor engaging in sexually explicit conduct; or (iii) such visual depiction has been created, adapted or modified to display an identifiable minor engaging in sexually explicit conduct.

The penalty for violating the child pornography statute includes a fine of not more than $5,000.00 or imprisonment for not more than fifteen (15) years or both. 

If you or a family member has been accused of child pornography or any other sex crime it can be one of the most embarrassing and traumatic events in a person’s life.  Please allow Attorney Robert H. Humphrey’s reputation, experience and skill to successfully guide you through the legal process when you have been charged with a sex offense in Rhode Island.

For more information regarding Surveying Sex Crimes Laws in Rhode Island, which was published in the March/April 2005 edition of the Rhode Island Bar Journal and is reproduced here with the permission of the Rhode Island Bar Journal, please see my Attorney Profile page.

Call Attorney Humphrey at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com for your free consultation.