Blog Posts in November, 2010

Narragansett Disorderly Conduct Charge Expunged

In November of 2009, our Client was charged by the Narragansett Police Department with a disorderly conduct /indecent exposure charge. Under Rhode Island General Law 11-45-2, indecent exposure is defined as: A person commits indecent exposure/disorderly conduct when for the purpose of sexual arousal, gratification or stimulation, such person intentionally, knowingly, or recklessly exposes his or ...

Tiverton Domestic Assault Charge Expunged/Sealed

In October of 2010, our Client was charged by the Tiverton Police Department with a domestic simple assault charge in violation of R.I.G.L. 11-5-3 /12-29-5. Domestic violence is defined as including, but is not limited to, any of the following offenses when committed by one family or household member against another: simple assault , felony assault , vandalism, disorderly conduct, trespass, ...

Child Pornography in Warwick & Glocester

As reported in the November 23, 2010 edition of the Providence Journal, two (2) Rhode Island men were sentenced in federal court for child pornography. Both men appeared before the U.S. District Court on charges of online trading of child pornography . One man received a sentence of five (5) years in prison, a $5,000.00 fine and was ordered to pay restitution to his victims. The other man was also ...

Rhode Island Deferred Sentences & Expungement

A recent decision by Justice Rodgers of the Rhode Island Superior Court has altered the landscape for criminal defendants serving deferred sentences. Deferred sentences, like the name suggests, are a sentence, which is deferred and may never be imposed, if the defendant complies with specific terms. Deferred sentences are a common plea disposition in felony cases involving first time offenders. ...

Second Offense DUI Rhode Island

As reported by Bryan Rourke in the November 19, 2010 edition of the Providence Journal, an East Providence man has been charged with driving under the influence (" DUI ") for the second time in as many weeks. The man was initially arrested by the Coventry Police Department and charged with DUI. His second DUI arrest was with the East Providence Police Department. Rhode Island has a five (5) year ...

FDA Issues Warning for Blackout in a Can

As reported by Donita Naylor in the November 18, 2010 edition of the Providence Journal, the U.S. Food & Drug Administration (FDA) has issued a warning to manufacturers of alcohol energy drinks. The most popular alcohol energy drink is called Four Loko. The FDA issued the warning to the manufacturers of Four Loko and three (3) other manufacturers who produce similar drinks. The warning means ...

Newport Disorderly Conduct Charges Dismissed

In October of 2010, our Clients were charged by the Newport Police Department with Disorderly Conduct in violation of R.I.G.L. 11-45-1. Pursuant to R.I.G.L. 11-45-1(a)(1) "a person commits disorderly conduct if he or she intentionally, knowingly, or recklessly: engages in fighting or threatening, or violent or tumultuous behavior." If a person charged with disorderly conduct is convicted, the ...

Providence DUI Charge Amended to Reckless Driving

In September of 2010, our client was charged by the Providence Police Department with driving while under the influence (" DUI ") and failure to maintain control of a motor vehicle following a serious accident. Through a series of plea negotiations and defense motions Attorney Humphrey was able to have the charge amended to reckless driving . Pursuant to Rhode Island General Law 31-27-4, reckless ...

Providence Sex Trafficking

As reported by Amanda Milkovits in the November 15, 2010 edition of the Providence Journal, two (2) men were arrested by the Providence Police Department and charged with human trafficking and enslavement. The men, both from New York, are accused of forcing teenage girls to work as prostitutes in Rhode Island. The men had the women working out of apartments in downtown Providence. The victims were ...

Underage Alcohol Charges in Providence

As reported by Richard C. Dujardin in the November 6, 2010 edition of the Providence Journal, thirty (30) underage drinkers were arrested in Providence last weekend. Nearly all of the arrests occurred at Fish Company Bar & Grill in Providence. The arrests were part of a joint Underage Drinking & Nightclub Safety Task Force, involving the Rhode Island State Police, State Fire Marshal and the ...

Sexting is a Crime

Sexting is a crime when the sender or the recipient of the text is a minor. Pursuant to the child pornography statue, a "minor" is defined as "any person not having reached eighteen (18) years of age." There is currently no legal definition of "sexting" under Rhode Island General Laws and instead "sexting" is considered child pornography if it involves a minor. The child pornography statute, R.I. ...

Newport DUI Lawyer Lectures at Salve

I am greatly honored to have once again lectured the students of Salve Regina University, located in Newport, Rhode Island, on the successful detection, prosecution and defense of drunk driving (DUI, DWI, OUI) cases. The November of 2010 DUI workshop is part of the DUI and Refusal Cases Beyond the Basics series of lectures and articles the Law Offices of Robert H. Humphrey is conducting for the ...

Providence Hit-and-Run Driver Surrenders to Police

As reported by Richard C. Dujardin in the November 5, 2010 edition of the Providence Journal, a woman turned herself in to the Rhode Island State Police. The woman is allegedly the driver of a hit-and-run accident that occurred on Atwells Avenue. She hit a local Providence councilman and then drove away. The councilman suffered serious injuries to his head and he is still hospitalized. Although ...

Tiverton Domestic Assault Charge Dismissed

In October of 2010, our Client was charged by the Tiverton Police Department with a domestic simple assault charge in violation of R.I.G.L. 11-5-3 /12-29-5. Domestic violence is defined as including, but is not limited to, any of the following offenses when committed by one family or household member against another: simple assault, felony assault , vandalism, disorderly conduct, trespass, ...

URI Bans Blackout in a Can

As reported by Gina Macris in the November 3, and 4, 2010 edition of the Providence Journal, the University of Rhode Island (URI) has banned a specific type of alcoholic drink. The drink, called Four Loko, in an alcoholic drink, which contains stimulants, such as, caffeine and high levels of alcohol. The caffeine allows the drinker to continue drinking without feeling the effects of the alcohol. ...

Drug Conviction Overturned

As reported by W. Zachary Malinoswki in the November 2, 2010 edition of the Providence Journal, the Rhode Island Supreme Court reversed the conviction of an incarcerated man. The Massachusetts man was found guilty of three (3) charges, possession of cocaine with intent to deliver, conspiracy to violate the controlled substance act and possession with intent to deliver an ounce to a kilogram of ...

State and Federal Marijuana Prosecution

As reported by W. Zachary Malinoswki in the November 1, 2010 edition of the Providence Journal, a Tiverton man is finding out the hard way thatmore isn't always better . In September, a Tiverton man was found growing one hundred and thirteen (113) marijuana plants on his property. He was initially charged under State Law and before Rhode Island State Courts. However, his case was later transferred ...