Law Office of John R. Grasso

Update on Wyatt’s Detention Assault Case

admin — Thu, 23 May 2013 16:19:12 +0000

Police misconduct for concealing or tampering with evidence was suspected at the Wyatt Detention Center recently, when Lt. Belford claimed to have been assaulted by an inmate. The center failed to investigate or take disciplinary measures. What’s more is that prior to the assault, Belford was given improper directions as to how to detain or handcuff the assailant. Subsequently, Belford took to his own legal services, where an independent investigation was made.

The findings of this report are anticipated shortly, according to the official site of the Secretary of State. Nancy Bailey was commissioned with this private investigation by the State Police, after suspicions arose that Wyatt’s lead management tampered or destroyed the evidence showing the assault.

The release of the report to the public will likely unleash some issues for the detention facility, depending on the findings. So far, approximately 28K has been budgeted and used for this private investigation, thanks to the legal efforts of Belford’s lawyers, and the State Police who got on board after several appeals.

This assault case actually happened in April 2011, but even two years later, the case is still drawing a lot of press, given that the facility turned on one of their own. Morales, the defendant, has already been charged with assault, and will face sentencing in May 2013.

See the initial report here.

If you believe that you were treated unfairly at your workplace, have endured corporate harassment, or had a criminal case swept under the rug, call John Grasso at 401-272-4001 today.

Source: WPRI.com

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Do Police Need Warrants for a DUI Blood Test?

admin — Tue, 21 May 2013 16:35:53 +0000

A recent United States Supreme Court case for MISSOURI v. MCNEELY, examined Mr. Mcneely’s plea that taking a chemical blood test without his permission is a direct violation of his Fourth Amendment right.

This right requires a warrant for all types of search and seizures – unless it’s an emergency.

When it comes to the law, there’s some flexibility based on the circumstances of the case. In search and seizure rules, the emergency clause sometimes eliminate the need for a warrant.

Here’s the Final Ruling:

“United States Supreme Court holds that the natural dissipation of alcohol in the bloodstream does not establish a per se exigency that suffices on its own to justify an exception to the warrant requirement for nonconsensual blood testing in drunk driving (DUI) investigations.”

Here’s Law Enforcement’s Viewpoint:

Because alcohol does not stay in the body for a prolonged period of time, in order to provide proof of intoxication, a chemical blood test would need to be performed as soon as possible.

After all, chemical and blood tests are how most DUI cases hold ground for the prosecution team. Furthermore, a warrant takes time to issue, which would mean that intoxication would lapse.

Another strong point that law enforcement makes is that the blood test provides the best proof of intoxication levels. Based on these levels, different sentencing will be handed down.

What Are Your Civil Rights?

Study the following:

When considering that a medical procedure of blood withdrawal is conducted by an officer, this creates apprehension for anyone in this situation. Drivers however should know that these tests are performed by trained officers.

Refusing to perform a chemical test carries infraction charges under Rhode Island laws.

Another important factor is Implied Consent – based on the driver’s disposition, and the officer’s observations, a DUI test would most likely resolve the suspicion.

Not all DUI cases appear as they seem however. If you’ve been arrested for a DUI or DWI in Rhode Island, contact the RI criminal defense lawyers at 401-272-4001.

Tags: AK, chemical test, circumstance, criminal, criminal defense, criminal defense lawyer, criminal defense lawyers, defen, drunk driving, DUI, DWI, Fourth Amendment, GRASSO, ID, Implied Consent, intoxication, IP, Island Law, Law, law enforcement, proof, prosecution, rain, rhode island, rhode island law, rhode island laws, RI, RI Criminal, ri criminal defense lawyer, SEARCH, search and seizure, states supreme court, suspicion, TEAM, United States, united states supreme court, warrants

Gay Marriage Approved by Senate in Rhode Island – How Will This Affect Family Laws?

admin — Sat, 18 May 2013 16:34:06 +0000

The Providence Journal has reported that a gay marriage bill has been approved by the senate 26-12. The next step is for the House Judiciary Committee to approve the bill in late April or early May, according to the report. Once cleared, Rhode Island would be one of 10 states that legalizes the union.

The big question when it comes to gay marriage is how this new bill would affect several facets of the law. On the surface, it would probably seem that family court would be most affected, however legal gay marriage in Rhode Island would affect several areas including:

Discrimination – If you’ve ever filled out a job application, you probably noticed a clause that states the Federal Statute prohibiting bias based on race, nationality, etc. You may have also noticed that there isn’t any discriminatory practices based on gender identity or sexual orientation. Some states however have their own statutes – ask John R. Grasso what the current laws are in Rhode Island.

Visitation Rights for Children and Parents – the new bill could affect who is objectively given parental custody, without considering the parent’s sexual orientation. Other areas of the law that may be subject to change include adoption proceedings, domestic violence, alimony and more.

Joining the Military, or Remaining Therein – members of the army could potentially be discharged based on their sexual preferences alone.

Sodomy – Find current laws under Rhode Island Title Codes, where it currently details that unmarried adults have no right to privacy when copulating in their own space. The laws for sodomy are still vague, and there are not many reported cases compared to other popular sex crimes like rape or sexual molestation for instance.

As seen above, a number of court proceedings could change, including when filing taxes, being eligible for a will and more.

Source: Providence Journal

Tags: adoption proceedings, adult, AK, bias, children and parents, copulating, court proceeding, court proceedings, Crime, crimes, discriminatory practices, domestic violence, Family Court, family law, federal, Federal Statute, filing taxes, gay marriage, GRASSO, House Judiciary Committee, ID, job application, Law, marriage bill, MBE, molestation, parental custody, pot, providence, Providence Journal, rape, rhode island, Rhode Island Title Code, RI, sex crime, sex crimes, sexual molestation, sexual orientation, sexual preferences, Title Code, unmarried adults, visitation rights

What Are the Consequences of Making Terrorist Threats in Rhode Island?

admin — Wed, 15 May 2013 16:32:31 +0000

In light of attacks at the Boston Marathon in April 2013, RI residents may wonder what the repercussions of terrorist attacks and threats are. Perhaps you’re reading this article and have been accused of these crimes. If this is the case, here’s a brief overview of the penalties, defenses, and what exactly terrorist threats are.

Definition of a Terrorist Threat

If someone threatens or intimidates another to commit a violent offense that would yield the following responses, it will likely be deemed as a terrorist threat by law enforcement and the FBI:

Emergency organizations respond to the allegation or crime
Civilians are placed in physical danger
The act was committed to block entry or interfere with a general assembly (the defendant could possibly be charged with disturbing the peace)
The public becomes fearful for themselves and those around
The offender interfered with public utilities or transportation

What Are the Penalties for Making Terrorist Threats?

These penalties vary and may depend on the severity of the crime, the offender’s history of violence or making terrorist threats, or acts completed to make-do with the threats.

This crime carries heavy sentencing and may include imprisonment, compensation to victims affected, as well as fines. Other considerations that could affect judgment include if a weapon were used, or if anyone was injured during the act.

If you have been accused of terrorism, making threats to do so, or participating in an organized crime, contact the RI criminal defense attorneys at 401-272-4001.

Tags: AK, allegation, boston, boston marathon, civilians, consequences, Crime, crimes, criminal, criminal defense, criminal defense attorneys, defen, defendant, disturbing the peace, emergency organizations, FBI, General Assembly, GRASSO, history of violence, ID, imprisonment, IP, judgment, Law, law enforcement, organized crime, physical danger, public utilities, repercussions, rhode island, RI, RI Criminal, ri residents, severity, Terrorist Threat, terrorist threats, violent, violent offense

Automobile Vandalization Charge – CASE DISMISSED

admin — Tue, 14 May 2013 17:23:51 +0000

“Client charged with vandalizing automobiles at a local car dealership. Case dismissed during trial.”

RESULT — Case Dismissed

No tags for this post.

What Are Miranda Rights?

admin — Sun, 12 May 2013 16:30:54 +0000

The recent capture of Boston bombing suspects fueled Miranda Rights into the spotlight as well. Here’s what you should know if you’re ever arrested, brought to custody, or interrogated by a law enforcement officer.

The Right to Remain Silent

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”

Source: MirandaWarning.org

What Happens If You Were Not Read Your Miranda Rights?

Individuals have the right to remain silent, or exercise their Miranda rights when they’re either under arrest; or being questioned by the police – otherwise known as a police interrogation. If the police officer fails to read a defendant’s Miranda rights in either of these settings, this can be used as a defense in court.

Additionally, testimonies given without a Miranda Right warning may result in its withdrawal as a valid evidence during trial. Defendants may choose to not disclose any information besides their identification.

It’s even advisable to do so, in order to avoid self-incrimination.

What Are Officers’ Rights?

Police officers have the authority to ask questions relating to a crime – however the interviewee has no obligation to answer these questions, and may also request an attorney.

John R. Grasso is familiar with both sides of these processes – including law enforcement as well as the legal proceedings.

If you were subject to questioning and are now facing criminal charges, contact the law offices of John R. Grasso today.

Contact the RI criminal defense attorneys at 401-272-4001.

Reference Miranda v. Arizona.

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The State of Crime in Rhode Island

admin — Thu, 09 May 2013 21:32:56 +0000

The Rhode Island Police Department releases annual statistics, trends and graphs on crimes in the area. As such, readers may wonder what the most popular crimes are, if the database is published nationally, as well as how to defend these commonly committed crimes.

The latest Statewide Summary is available below, where in 2011, burglary, simple assault, larceny or theft, vandalism and drug offenses accounted for some of the top offenses in the vicinity.

Here’s a brief description of what these crimes mean:

Burglary – is entering a building with the aim to commit larceny or another crime.

Assault – includes the act of physically injuring someone through the use of force and fear. The defenses to this crime include self-defense, false accusations and more.

Larceny – includes petty theft, grand theft, grand theft auto, shoplifting and other related crimes.

Vandalism – occurs when someone intentionally defaces or damages property

Drug Crimes – including possession, cultivation, transporting of controlled substances including heroin, cocaine and methamphetamine. These drug offenses are considered to be federal crimes.

Robinson v Cook – United States Court of Appeals, First Circuit

The United Crime Reports is organized by the FBI, where state police departments compile a yearly overview on the statistics. The reports are classified into varied categories including the arrests numbers versus the convicted numbers. Crimes are additionally classified in violent and non-violent categories.

If you’re facing criminal charges, contact the RI criminal defense attorneys at 401-272-4001.

Source: State of Rhode Island Department of Public Safety

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Semi-Automatics May be Banned in Rhode Island

admin — Mon, 06 May 2013 21:26:44 +0000

In light of the Newton shooting last fall where several children were gunned down, the debate on the right to bear arms is heated like never before. The Providence Journal has reported that Governor Chapee has disclosed a number of bills that would put the following into action:

Semiautomatic assault weapons would be fully prohibited
Penalties for violating gun laws would be enhanced
Loopholes in current laws would be addressed
Background checks would remain
Mental-health records would also be accessed
State mental health records would be sent to FBI’s National Instant Background Check System
Substance abuse records would also be filed in the same database
Shotguns and rifles would be prohibited in public, even if concealed, except in hunting or target shooting situations

What about individuals who already own semiautomatics? The bill states that such owners could retain the weapons, however selling would be restricted to out-of-state buyers.

Adversaries to these bills argue that the Big Brother concept is overbearing in a land where freedom is valued. Do you think these measures are too extreme?

Read about current gun laws in Rhode Island under Chapter 11-47, which addresses:

Carrying weapons during the commission of a perilous crime
Theft of a Firearm or Weapons
Current licensing requirements as well as stipulated fees
Concealment laws, in addition to restricted areas for possession or carrying weapons
The sales, distribution and possession of weapons

Whatever the outcome for these bills drafted, if you or someone you know has been charged with a gun-related crime, contact the law offices of John R. Grasso today. Contact the RI criminal defense attorneys at 401-272-4001.

Source: The Providence Journal

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Marijuana Scents and Probable Cause

admin — Fri, 03 May 2013 21:16:24 +0000

A recent internet forum posted by a marijuana possession defendant highlighted some of the key issues being faced by others on trial for this crime in Rhode Island.

The question:

“My husband opened the door when they knocked (they didn’t announce that they were the police or he wouldn’t have opened the door) and walked out on the porch. He closed the door behind him denying them entry into the home and they said they smelled pot and that he wasn’t allowed to close the door. He was cornered between them and the door, with nowhere to go – and them basically forcing their way in. They threatened to take my children if I didn’t give them the pot that was not visible. Just the smell still. They threatened to shoot my husband and me in front of our 4 year-old daughter for no reason. Gave me a uniform traffic ticket for simple possession without being in a vehicle. Is the smell probable cause to bust in my house with no warrant and take my stuff and threaten me?”

Source: AVVO

Here are some answers to the above questions:

New updates to the legality of marijuana use will affect how each case is handled. To answer the inquirer’s question on whether law enforcement had the right to enter a property without a search warrant, the answer is that it all depends. Each locale has its own sets of rules regarding search and seizure laws. As such, it’s first recommended that those arrested consult with a local defense attorney.

Police are only required to identify themselves when a search warrant is in order.

The alleged threat by police officers is unlawful, but there’s no proof of this.

In the example above, the police did not gain entry without permission, but rather the owners were lured to answer for further investigation.

In regards to the probable cause being scent, police are not required to turn a blind eye to suspicious behavior. Some of the questions to be answered to support the probable cause of odor include:

Was there bias involved?
Was the arrest made in an area known for marijuana possession or drug trafficking?
Were the defendants behaving defensively?

A criminal defense attorney who has firsthand knowledge of Rhode Island search and seizure laws would need to review the case in its entirety in order to present the best defense.

Penalties for Marijuana Possession in Rhode Island

Given the recent bill approved to decriminalize less than one ounce of marijuana possession, those found in this circumstance will be served a citation with charges of $150. Anything over this limit would leave room for misdemeanor charges.

If you’re facing criminal charges for marijuana possession, contact the RI criminal defense attorneys at 401-272-4001.

Other Helpful Resources

Refer to the Constitution of the State of Rhode Island to read the declaration of certain constitutional rights and principles as it relates to search and seizure rules.

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Fighting a District Court’s Denial to Seal or Expunge Criminal Records

admin — Fri, 03 May 2013 18:04:43 +0000

State vs. Doris E. Poulin

Primer

In 1996, Doris E. Poulin was charged with possession of a controlled substance. She pleaded nolo contendere and was sentenced to 2 years of probation, community service, and substance abuse counseling. She successfully completed all the terms of her probation.

The second charge came when Poulin was arrested for driving on a suspended license that same year. This case was dismissed. Fast forward to 2009, and Poulin was again arrested – this time for a misdemeanor DUI, which was also dismissed.

In 2013, Poulin petitioned for a motion to seal her criminal records for DUI and driving on a suspended license. The application was denied because the trial judge based the decision on the first arrest for drug possession – which the judge deemed to be a felony conviction.

Rhode Island law precludes sealing even a dismissed criminal record when the applicant has a prior felony conviction.

The trial judge deemed Doris Poulin’s prior sentence of probation as a conviction, despite her being given a probation and no jail time.

The Supreme Court ruled that when considering statutes, the entire statutory scheme must be considered and just parts of the document in order to avoid interpreting lines out of context.

The Supreme Court reexamined the case, and decided that because the misdemeanor cases were dismissed, the defendant was indeed eligible to seal her criminal record.

Outcome

The Supreme Court ruled that:

Sealing and expungement constitutes two separate court proceedings, both of which have varied benefits.

Poulin’s sentence of probation was not a conviction for purposes of the sealing statute.

The District Court’s decision was reversed by the Supreme Court:

“Rhode Island’s Supreme Court ruled that a defendant with two dismissed cases was eligible to seal the criminal records of those dismissed cases despite having been previously sentenced to a term of probation. For purposes of sealing criminal records, a satisfactorily completed sentence of a term of probation does not constitute a prior felony conviction. The petitioner was represented by a law student from Roger Williams University School of Law’s outstanding Criminal Defense Clinic.”

Legal Help for Sealing Criminal Records in Rhode Island:

If you’ve been denied a motion to seal or expunge a criminal record/s, don’t take it as a final decision. With the help of a knowledgeable attorney, you stand a better chance at winning your freedom back, so you can get a good job – and a great life without judgment from your past records.

Contact the RI criminal defense attorneys at 401-272-4001.
Source: Rhode Island Supreme Court

Tags: conviction, court proceedings, criminal, Criminal Defense Clinic, criminal record, criminal records, defendant, Doris Poulin, drug possession, DUI, expungement, felony, jail time, judgment, possession, probation, proceedings, rhode island, supreme court, Supreme Court Rhode Island Supreme Court