As reported by Maria Armental in the March 7, 2013 edition of the Providence Journal, four (4) URI students have been arrested following an investigation involving a stolen credit card. Two (2) students were charged with fraudulent use of a credit card. When police searched the students' room, they also found marijuana, Oxycontin, ecstasy and alcohol. The other students are facing misdemeanor and felony charges of drug possession.
Pursuant to Rhode Island General Laws 21-28-4.01(c), it shall be unlawful for any person knowingly or intentionally to possess a controlled substance, unless the substance was obtained directly from or pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by this chapter.
The penalties if convicted of possession of a controlled substance classified in schedules I, II and III, IV, and V (possession of Oxycontin or ecstasy) is guilty of a crime and upon conviction may be imprisoned for not more than three (3) years or fined not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000), or both. Additionally every person convicted or who pleads nolo contendere under this subsection who is not sentenced to a term of imprisonment to serve for the offense, shall be required to:
(i) Perform, up to one hundred (100) hours of community service;
(ii) Attend and complete a drug counseling and education program as prescribed by the director of the department of mental health, retardation and hospitals and pay the sum of four hundred dollars ($400) to help defray the costs of this program which shall be deposited as general revenues. Failure to attend may result after hearing by the court in jail sentence up to one year.
The penalties if convicted of possession of marijuana include and upon conviction may be imprisoned for not more than one year or fined not less than two hundred dollars ($200) nor more than five hundred dollars ($500), or both.
Pursuant to R.I.G.L. 11-49-4, fraudulent use of a credit card is defined as a person who, with intent to defraud the issuer or a person or organization providing money, goods, services, or anything else of value or any other person, uses, for the purpose of obtaining money, goods, services, or anything else of value, a credit card obtained or retained in violation of this law or a credit card which he or she knows is forged, expired, or revoked, or who obtains money, goods, services, or anything else of value by representing, without the consent of the cardholder, that he or she is the holder of a specified card or by representing that he or she is the holder of a card and the card has not in fact been issued.
If the value of the goods obtained is less than $100.00 the penalties include a fine of not more than one thousand dollars ($1,000), or imprisoned not more than one year, or both. If the value of the goods exceeds $100.00, the penalties include a fine of not more than three thousand dollars ($3,000), or imprisoned not more than three (3) years, or both.
If you or a family member has been charged with possession of drugs, possession of marijuana or underage possession of alcohol, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at firstname.lastname@example.org.