R.I. Criminal Defense Blog

Providence Criminal Lawyer; Rhode Island Criminal Lawyer; RI Supreme Court criticizes Family Court decision

2010-04-30T07:55:00.000-07:00

Rhode Island Family Lawyer; Providence Family Lawyer; Providence Juvenile Lawyer; Rhode Island Juvenile Criminal Lawyer; Providence Criminal Lawyer; Rhode Island Criminal Lawyer

The Providence Journal reports today that the R.I. Supreme Court upheld the decision of a Family Court judge to treat a juvenile offender as an adult and upheld several other decisions made by the Family Court judge, but not without a large dose of criticism. The high court took issue with what it viewed as "automatic" decisions of the Family Court without full hearings and without appreciation for the benefits of treating juveniles within that system which afford protections for them, including anonymity.

Rhode Island Family Lawyer; Providence Family Lawyer; Providence Juvenile Lawyer; Rhode Island Juvenile Criminal Lawyer; Providence Criminal Lawyer; Rhode Island Criminal Lawyer

Attorney Claudia Gregoire wishes to thank and recognize the assistance of Ms. Stephanie Katherine Yellin, student at Brown University, Class of 2010, with a major in anthropology, in the preparation of this blog post.

www.georgejwestlaw.com

Rhode Island Criminal Lawyer; Providence Criminal Lawyer; Fraud Lawyer; Sentencing in Fraud Case

2010-03-23T13:14:00.000-07:00

Rhode Island Criminal Lawyer; Providence Criminal Lawyer; Fraud Lawyer

The Providence Journal reported on the sentencing of Ms. Tashia Bodden, owner of Fascination Salon on Elmwood Avenue, was sentenced to a day in prison and six months of home confinement for conspiring with friend, Lisa Torres, to commit bank fraud. Torres purchased nine foreclosed properties for a cheap price and then found friends and associates willing to use their credit to purchase the properties from her. Torres promised to pay them back and make the actual mortgage payments, yet she never followed through, and the loans went into default. In the process, Torres pocketed about $674,000. Bodden aided the process by providing mortgage lenders will false information—making it look like the home buyers worked at her salon. While there is no evidence that Bodden profited, the scheme could not have succeeded without her. Bodden apologized in court, saying, “I made a really bad decision to help someone I thought was my friend.”

Rhode Island Criminal Lawyer; Providence Criminal Lawyer; Fraud Lawyer

www.georgejwestlaw.com

Rhode Island Criminal Lawyer; Providence Criminal Lawyer; Criminal Appeals; 1st Circ Upholds

2010-03-19T10:25:00.000-07:00

Rhode Island Criminal Lawyer; Providence Criminal Lawyer; Rhode Island Criminal Appeals; Providence Criminal Appeals

A recent First Circuit Court of Appeals decision, reported in a Providence Journal article, upheld the denial of the motion to suppress Ricardo Mejia's confession and affirmed his conviction. In December of 2006, Mejia was convicted of selling two kilograms of cocaine to undercover informants. During his trial, Rhode Island criminal lawyer George J. West objected to many pieces of evidence including using information or pieces of a purported confession of Mejia's which was not recorded by police. Attorney West was successful in obtaining a jury instruction that the jury could take into account the fact that officers did not record in their decision of whether the confession was voluntary. In the appellate decision, Mejia’s Rhode Island criminal lawyer on appeal George J. West argued that prosecutors had never proven that Mejia voluntarily waived his Miranda Rights during that interview. Upholding the earlier conviction, Judge Norman Stahl of the 1^st U.S. Circuit Court of Appeals, wrote that “the totality of the circumstances indicate that this was a voluntary conversation that Mejia undertook after having been fully advised of his rights.” The court declined however to create a new "automatic" implied waiver rule whereby each time a defendant speaks after being advised of rights, a waiver would be considered valid. The entire decision is available for reading here.

Rhode Island Criminal Lawyer; Providence Criminal Lawyer; Rhode Island Criminal Appeals; Providence Criminal Appeals

www.georgejwestlaw.com

Criminal Law; Inmate Population Drops As a Result of Program

2009-12-17T10:19:00.000-08:00

Criminal Law; Criminal Lawyer; Providence, Rhode Island

The Providence Journal reports that fewer prisoners are being held at the A.C.I. as a result of a 'good behavior' program. According to the article, the prison population dropped by 87 inmates.

www.georgejwestlaw.com

Criminal Law; Criminal Lawyer; Providence Island

RI Man's Charge is Upped to Murder

2009-10-19T07:57:00.000-07:00

According to R.I. Lawyer's Weekly, a Rhode Island man initially accused of abusing and assaulting the 6-year-old son of his girlfriend, is now facing a murder charge. The child was pronounced dead at Hasbro hospital soon after police found him unconscious in Cranston. Prosecutors announced the enhanced charge at Mr. Michael Patino's arraignment in District Court in Warwick Rhode Island. Patino entered no plea. Source: R.I. Lawyer's Weekly Octo. 19, 2009.

Providence criminal lawyers; Rhode Island criminal lawyers. Providence criminal defense lawyers; Rhode Island criminal defense lawyers.

www.georgejwestlaw.com

More Street Workers to Flee Criminal Past at Providence's Institute for the Study & Practice of Nonviolence

2009-08-26T14:31:00.000-07:00

The Providence Journal reports that 10 more people will join the Institute for the Study & Practice of Nonviolence in Providence RI. These workers mostly have criminal pasts and will be assigned to persuade Rhode Island youths to avoid a life of crime.

Projo Article on Deficiencies of RI's Probation System

2009-08-19T07:49:00.001-07:00

In a recent article, the Providence Journal reports an interesting (and disturbing) aspect of RI criminal legal system. The article describes the trajectory of a man out on probation, who was found to be in violation of its terms when arrested for a robbery he said he did not commit. Under the low standard "reasonably satisfied" (much lower than the stringent beyond a reasonable doubt criminal trial standard), the Court found it was reasonably satisfied that the peace had been disturbed and a crime committed, in violation of the man's terms of probation. He was thus sent back to jail. A few years later, under the beyond a reasonable doubt standard, he was fully acquitted of the robbery charge, but in Rhode Island, a clearing of guilt on the underlying charge does not mean automatic reversal of the probation violation decision. A person, despite the acquittal, can remain in prison for violating probation.

www.georgejwestlaw.com

Professors are Against Proposed Indoor Prostitution Ban

2009-08-18T09:45:00.000-07:00

Professors and academics writing in an open letter believe that indoor prostitution should not be banned as R.I. state legislators have proposed because it is less likely that "sex workers" who operate behind closed doors are abused physically or use drugs. Apparently, research shows that indoor prostitutes are older on the whole and less likely to be assaulted or raped, as compared with outdoor counterparts. R.I. legislators who sponsored the bill seemed unswayed by the letter and are pushing for a vote banning the legality of indoor prostitution in September 2009.

www.georgejwestlaw.com

RI Man Sentenced for Murder

2009-08-14T13:35:00.001-07:00

A R.I. man was sentenced on Thursday August 13, 2009 to two consecutive life terms for the murder of a man he believed was involved with his girlfriend, as reported by the Providence Journal. The court rejected any claim that the killing should be classified as manslaughter, or in the heat of passion; instead it stood by the position that the crime was one of first-degree murder. The sentence also included concurrent twenty (20) and ten (10) year terms for kidnapping and a firearms offense, respectively. The defendant is Miguel Avila, sentenced by Superior Court Justice Robert Krause.

www.georgejwestlaw.com

RI State with Highest Drug Use in Country According to Study

2009-08-13T11:25:00.000-07:00

A study posted in a blog on the NY Times website placed R.I. first as the state with the highest incidence of use of illicit drugs. Illicit drugs, according to the post, include “marijuana/hashish, cocaine (including crack), heroin, hallucinogens, inhalants, or prescription-type psychotherapeutics used nonmedically.” R.I.'s rate of use of illicit drugs besides marijuana was also among the top two highest in the country. This is obviously not the type of distinction the state seeks.

LaFlamme Sentenced to Below-Guideline Sentence; Represented by George J. West & Associates

2009-08-12T11:33:00.000-07:00

The Providence Journal has reported that Ms. Dolores LaFlamme, involved in fraudulently producing licenses while working at the DMV, has been sentenced in R.I. Federal Court. Her sentence of 36 months to serve was well below the expected term, as the federal prosecutors agreed to drop the aggravated identity theft charge which mandated a two-year enhancement. She was represented by Attorney George J. West of George J. West & Associates.

www.georgejwestlaw.com

East Providence Homeless Man Arrested for Violation of Sex Offender Registration Law

2009-08-05T11:35:00.001-07:00

The Providence Journal reports that an East Providence man, considered the leader of the homeless group living in a camp known as "tent city" in Providence, has been arrested for failing to register as a sex offender as required under R.I. law. He failed to provide an address, according to police. Freitas decided to move the camp to East Providence after being told that it would have to disband. The 55-year old man is set to appear in R.I. District Court today, Wednesday August 8, 2009. John Freitas argues that the level III sex offender level is too onerous given that his convictions are over 20 years old and were meted out in MA courts. The New York Times has also reported this story, even including a first page article with photos on Providence's tent city last week. The Attorney General's office comments that Freitas has a lifelong obligation to register.

www.georgejwestlaw.com

Neronha to be Nominated U.S. Attorney for District of R.I.

2009-08-04T07:43:00.000-07:00

The Providence Journal reports that President Obama will nominate Assistant U.S. Attorney Peter F. Neronha to be the next U.S. Attorney for Rhode Island, according to Senators Reed and Whitehouse. The senators applauded Obama's nod calling Neronha an "independent" and "distinguished" prosecutor.

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Sex Offender Registration Not Unconstitutional According to RI Superior Court

2009-07-31T08:25:00.001-07:00

Where a defendant pled nolo in 2006 to a sexual offense,he would have to register as a sex offender under a 2008 amendment of RI statute. The registration does not violate the R.I. Constitution's ex post facto clause, even though the statute was promulgated after the conviction, because the registration is not sufficiently "punitive" to be considered new punishment of which the defendant was not on notice. The R.I. Superior Court so ruled, pursuant to State v. Germane (which recently decided the constitutionality of R.I.'s sex offender registration statute), 971 A.2d 555 (June 2, 2009). D'Errico v. State (Kent Superior Court)(K.M. No. 09-321)(July 15, 2009). Source: R.I. Lawyer's Weekly 7/27/09.

Ex-Wyatt Worker Pleads Guilty to Lying to Federal Investigators About Conduct with Immigrant Inmate

2009-07-29T09:04:00.000-07:00

An ex-employee of the Wyatt Detention Facility has pleaded guilty in U.S. District Court in Providence to lying to federal investigators about an improper sexual relationship with an immigrant detainee. According to the Providence Journal article, the Government has recommended a one-year sentence in home confinement with an electronic monitoring bracelet on his ankle. Source: Providence Journal.

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Sentence Imposed upon RI Woman in Tax Fraud Scheme

2009-07-28T14:23:00.000-07:00

The Providence Journal reports that a RI woman involved in a tax fraud scheme was sentenced Monday in R.I. Federal Court to time served, restitution and surrender to deportation. The woman received several tax returns based on falsified applications. Source: Providence Journal.

www.georgejwestlaw.com

Westerly Teens Charged with Unlawful Gathering and Underage Drinking

2009-07-27T09:46:00.001-07:00

Under a new Westerly ordinance (which compounds Rhode Island's social host law), the Westerly police charged 3 teenagers with underage drinking and unlawful gathering. They were at a party with about 20 people present. The police came to the house following a complaint of loud noise and were let in by one of the teens. The penalty is a fine. Source: ProJo article.

Trial Starts in Music Downloading Case, RI Defendant

2009-07-27T09:25:00.000-07:00

NOTE: NOT A CRIMINAL CASE.

The ProJo reports that the trial of a R.I. man accused of illegally downloading music from the Kazaa website has begun in MA. The recording industry filed charges against the BU student for copyright infringement.

Barrington R.I. Teen Greenberg Sentenced in Boating Incident

2009-07-24T06:49:00.001-07:00

The ProJo reported the sentencing on July 23, 2009 of the much-watched case of a Barrington teenager, Ryan Greenberg, whose reckless boating resulted in the death of his friend, also in the boat. During months, there was much legal haggle over whether Greenberg should be tried before the Family Court as a juvenile (as he was 17 when the incident occurred) or the Superior Court as an adult. The incident took place during the "gap time" when R.I. statute required that certain crimes committed by 17-year-olds be tried in Superior Court. Ultimately the R.I. Superior Court sentenced Greenberg to the following: 2½ years in prison and another 2½ on home confinement.

1st Cir. Reverses Career Offender Designation

2009-07-24T06:21:00.000-07:00

In an opinion issued July 8, 2009 captioned U.S. v. Bryant, the First Circuit Court of Appeals reversed a district court "career offender" determination because the lower court had relied on the pre-sentence report without verifying through reliable sources and documents (such as plea colloquy, certified copy of conviction) the veracity and exact nature of out-of-state conviction. Source: First Circuit website (http://www.ca1.uscourts.gov); R.I. Lawyers' Weekly (www.rilawyersweekly.com).

ProJo Reports GPS Tracking of Sex Offenders in RI

2009-07-24T06:13:00.000-07:00

An article in today's Providence Journal describes the first time use of GPS tracking for convicted sex offenders in RI. The first man to be tracked in such a way is categorized as "Level III" (or highest risk of re-offending); every movement including when he moves out of his house to smoke a cigarette is detected via the device.

State law requires that all first-degree child molesters convicted after Jan. 1, 2007 in RI must be monitored.

The article says, "Though he’s completed prison and probation, the Parole Board plans to monitor his movements for many years to come in its role as Community Supervision Board. The board focuses on first- and second-degree child molesters considered at risk of re-offending."

Convictions Vacated Due to Juror Misconduct by First Circuit- Narcotics Matter

2009-07-14T15:09:00.000-07:00

The First Circuit Court of Appeals in U.S. v. Bristol-Martir No. 06-2722, ordered a new trial because jurors during the trial improperly conducted an internet search for legal terminology. Even though the District Court inquired into the conduct, it fatally did not - according to a unanimous panel- ask jurors whether they had been influenced by the improper research.