Recent Blog Posts in March 2010

"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.

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.

As reported by Katherine Gregg in the March 17, 2010 Providence Journal, “a state Senate commission has recommended the decriminalization of an ounce or less of marijuana.”  It is anticipated that Rhode Island may follow the Massachusetts marijuana law where adults found in possession of an ounce or less of marijuana are required to pay a $100.00 civil fine.  Currently, anyone found in possession of marijuana in Rhode Island is guilty of a misdemeanor and is punished by a fine of $200.00 to $500.00 and up to a year in jail.  The Rhode Island Department of Attorney General and many police departments have opposed the decriminalization of marijuana.  The Rhode Island Police Chiefs Association has referred to marijuana as a “dangerous drug”.  Last year there were 2,546 arrests for first offense possession of marijuana.  Although the decriminalization of marijuana is being hotly debated in Rhode Island, it is important to remember that possession of marijuana is still a crime in Rhode Island.

Town of Middletown Police Department charge:  Domestic Simple Assault and Battery in violation of R.I.G.L. 11-5-3 and 12-29-1.

Resolution:  Before the Newport County District Court the  domestic simple assault and battery charge against my client was dismissed.

As reported in the March 2, 2010, Providence Journal by staff writer, Talia Buford, legislation proposed by the Department of Attorney General would decrease the penalty for minors who are caught sexting so they would not be prosecuted under the  child pornography statute.  “The proposed legislation would create a lesser offense, and allow for counseling and intervention rather than a lifetime sex-offender label.”  Under the proposed legislation, the cases would be referred to the intake unit of the Family Court and “minors who “knowingly and voluntarily” send sexually explicit videos or photographs of themselves to another person would find their case considered a status offense, which is less than a crime.”  The Department of Attorney General has stated that “the only other option has been to prosecute juveniles possessing, distributing or manufacturing child pornography – a felony punishable by up to 5 years in prison and $5,000.00 fine, and which requires the person to register as a sex offender.” 

Whether the act of young people sexting to each other should be a criminal offense is a subject open to debate and it is likely that the proposed legislation will receive much scrutiny.

I am honored to have recently addressed the R.I. District Court Prosecutors Association regarding the successful prosecution and defense of  drunk driving (DUI, DWI, OUI) and  Refusal cases.  Communities represented at this District Court Prosecutors Association meeting included, but were not limited to Barrington, Bristol, Burrillville, Cranston, East Greenwich, East Providence, Foster, Lincoln, Narragansett, North Kingstown, Pawtucket, Smithfield, South Kingstown and Tiverton.

The presentation included a review of the most recent case law in connection with drunk driving and refusal to submit to chemical test cases.  These cases address the admissibility of chemical test results, the admissibility the standardized field sobriety tests, and the statutory and constitutional rights of a suspect to a timely release on bail.

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.

As an adjunct professor at Salve Regina University, located in Newport, Rhode Island, I am honored to teach the students regarding Rhode Island sex crimes.  The recently conducted Sex Crimes class at Salve Regina University addressed a broad range of Rhode Island  sex crimes including the following:

• First degree sexual assault
• Second degree sexual assault
• Third degree sexual assault
• First degree child molestation
• Second degree child molestation
• Bigamy
• Adultery
• Necrophilia
• Abominable and detestable crime against nature
• Disorderly conduct – lascivious purpose
• Disorderly conduct – indecent exposure
• Prostitution 
• Video voyeurism
• Child pornography
• Trafficking of persons for forced labor or commercial sexual activity