Recent Posts in Serious Crimes Category

As reported by Charles Wilson in the August 15, 2010 edition of the Providence Journal, the law is continuing to develop in light of new technology.  A new crime called "sextortion" has emerged, an off-shot of the crime of sexting.  "Sexting" is sending sexually explicit photographs or videos by minors through electronic means.  "Sextortion" is blackmailing people into sending sexually explicit photographs and/or videos.   This is a growing crime and has been reported in a dozen states. 

Common examples of sextortion include sending threatening e-mails or messages through Internet social websites such as MySpace or Facebook.  The consequences of sextortion can be severe.  In Wisconsin, a man posed as a girl on Facebook and was able to get male teenagers to send him nude photographs.  The man then used the photographs to extort the teens for sex.  He was sentenced to fifteen (15) years in jail. 

Sometimes, the extornists use photographs/videos already in existence for their extortion.  A group of three teenage girls in Indiana flashed their breasts in an Internet chat room through a webcam.  A man in Maryland then sent one of the girls e-mails threatening to post the images to her MySpace friends unless she gave him sexually explicit photographs and videos of herself.  She gave into his demands.  The man was eventually apprehended and was charged with sexual exploitation. 

The ability to reach countless people on the Internet and the multiple connections that people have to the Internet, allow extornists to access hundreds of people.  A man in California is alleged to have hacked into more than 200 computers.  He threatened to expose nude photos of the people, unless they created sexually explicit videos for him.  In addition, the man, through the use of technology, was able to remotely activate webcams of some of the people he was targeting.  He was then able to record them undressing and having sex.  Another man from Alabama was able to extort nude photographs from more than 50 different women, in three different states.  He was sentenced to eighteen years in prison.

If you or a family member has been charged with sexting, "sextortion" 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.

As reported by Gregory Smith in the August 8, 2010 edition of the Providence Journal, the cliché "crime doesn't pay" is more accurate than people think.  Under both Federal and Rhode Island law, police departments have the authority to seize assets and property of arrested suspects.  Most of the assets and goods seized are from arrested drug dealers.  However, under Rhode Island law, other crimes subject criminals to property forfeiture.  They include transportation of illegal firearms/explosives, violation of the hazardous waste statute, operation of a "chop shop," illegal gambling, counterfeiting, leading the police on a high speed chase and running a horse in an illegal race. 

Under Rhode Island law, police are permitted to seize any property and assets that are connected to the illegal activity.  The law is designed to prevent suspected criminals from enjoying the profits of their crimes.  The most common connection is that the property or assets were purchased using money earned through criminal activity.  However, houses and motor vehicles can also be seized when they are used as bases of operation or means of transportation for criminal activity.  The forfeiture proceedings are civil in nature, not criminal, and therefore, do not require that the suspects be convicted for any crimes.  Instead, the person whose property or goods was seized must prove that the property was not connected to the crime(s) in which they have been charged.

Rhode Island passed its first forfeiture statute in 1987 to allow for forfeiture in connection with narcotics cases.  Rhode Island General Laws §21-28-1.02(29) defines narcotics as:

(29) "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis:

   (i) Opium and opiates.

   (ii) A compound, manufacture, salt, derivative, or preparation of opium or opiates.

   (iii) A substance (and any compound, manufacture, salt, derivative, or preparation of it) which is chemically identical with any of the substances referred to in paragraphs (i) and (ii) of this subdivision.

   (iv) Any other substance which the attorney general of the United States, or his or her successor, or the director of health, after investigation, has found to have, and by regulation designates as having, a potential for abuse similar to opium and opiates.

The possession, distribution or manufacturing of narcotics drugs are all crimes outlined in Rhode Island General Laws §21-28-4.01:

§ 21-28-4.01  Prohibited acts A - Penalties.- (a) Except as authorized by this chapter, it shall be unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance.

In addition to severe criminal penalties such crimes can also lead to civil forfeiture of property. Forfeiture has yielded substantial results.  From 2004-2009, Rhode Island police departments and other agencies have made $8.7 million in sales of forfeited assets.  The money is distributed to various groups, 70% to law enforcement, 20% to the Department of Attorney General and 10% to the Department of Mental Health, Retardation and Hospitals to be used for substance abuse programs.  When assets are seized through the joint work of both the Federal and State government, the money is distributed by the U.S. Marshals Service and the Rhode Island Department of Attorney General.  The money is distributed proportionally to the organizations which aided in the investigation and led to the forfeiture.

Most municipalities and police departments use the funds to pay for salaries, surveillance equipment, software, training and buildings. State law requires that the money be used for a "bona fide law enforcement purpose."   The seized motor vehicles may be used by police departments for surveillance vehicles. Cars that are too expensive to maintain or use are sold, as is the real estate.  Some assets, even if connected to criminal activities are not cost effective to seize, such as electronics or other low value items.  If seized, the police have to keep the items secured until ownership is determined.  Although people have the right to contest forfeiture proceedings, only about 10% actual do so. 

If you or a family member have been charged with possession, distribution or manufacturing of drugs please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the criminal process and the civil forfeiture proceeding. Contact Robert H. Humphrey at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

As reported by Mark Reynolds in the July 22, 2010 edition of the Providence Journal, a local restaurant owner pled not guilty to charges stemming from an April car accident. He is facing three charges, leaving the scene of an accident-death resulting, reckless driving-death resulting and driving without a license.  He crashed his car into barrels and a Jersey barrier and then fled on foot.  The man was observed fleeing from the scene after the accident, but later turned himself into police.  The victim was one of his employees, a chef at his restaurant. 

The man's license was suspended in Rhode Island because of an earlier refusal to submit to a chemical test charge from Arizona.  Although the man was released on bail, he is not permitted to drive a motor vehicle. 

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.

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.

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.

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. 

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.

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.