A “no contact order” means that the defendant is precluded from having any contact and or communication with the victim or the person under the protection of the no contact order. This includes but is not limited to letters, emails, text messages or messages delivered through a third party. This article pertains to Rhode Island (RI) no contact orders.
In other words if a person is under this type of restrianing order and sees the victim in public they must leave the area immediately and not acknowledge the victims existence. A person cannot even say “hi” if they walk by the victim by chance on the street.
Be very careful! A person can be arrested for a violation even if the victim initiates the contact and calls the defendant. A person can be charged with a violation even if invited by his wife to come back to the marital home.
Even if the victim tells you that the no contact order has been dropped, do not take the victims word for it. You must see the piece of paper signed by the judge dismissing the order before any contact or communication is initiated. A no contact order expires when the sentence period is finished. It also expires if the case is dismissed or the defendant is found not guilty. However, be careful because there may also be another restraining order issued as a result of a divorce or Family Court matter or a District Court restraining order.
A person who is on probation, bail or a probation attached to a suspended sentence must be even more vigilante in order to not violate the no contact order. A violation is a crime in itself which is also a violation of the conditions of probation, filing or bail.
A person on probation, during a one year filing or bail can be held at the ACI if they are accused of violating a no-contact order. For example if a person is on probation, filing or bail, a single phone call made by the defendant to a victim under the protection of a no contact order probably means a minimum of ten 10 days in jail at the ACI. We are not talking about the local town jail but the ACI. If a person has a suspended sentence the amount of jail time for could be substantial.
Legal Notice per RI Rules of Professional Responsibility:
The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer/ attorney as an expert or specialist in any field of practice.
By: David Slepkow
Posts Tagged ‘Divorce’
Confidentiality and Your Criminal Defense Attorney – An Overview
December 22nd, 2009
Whether a criminal defense attorney, a civil attorney, or just a normal person on the street, almost everyone has heard of and has a vague idea regarding what the attorney-client privilege is. If we haven’t dealt with it directly in our own lives then we’ve almost certainly had the opportunity to see it in action on television or in the movies.
But what is the attorney-client privilege really? Does it mean that when you tell a lawyer something that they can’t tell anyone no matter what? And when does it begin? Do you have to hire the attorney? And when does it end? Will a lawyer really take your secrets to their grave? Read on to have these questions answered.
Let’s start with what the privilege means. And, since I am a Seattle criminal defense attorney, we’ll use it in the context of criminal law, even though it applies to other areas of the law equally. The attorney-client privilege is the idea that everything you tell your lawyer, in private (when just the two of you are present) is confidential. This means the attorney cannot tell anyone what you have talked about. They can’t tell their wife, they can’t tell their buddies, they can’t tell the judge, even if ordered to do so. The only time they can divulge the information you’ve told them is to commit the commission of a crime or the loss of life or property of someone. It is a very powerful privilege.
And the best thing is, the privilege starts right when you walk in the door. You don’t even have to have retained the attorney for the privilege to attach. It happens automatically, and even if you don’t hire that attorney, they still have to keep your secrets safe. Let me give you an example to show you how powerful it can be. Let’s say you are looking for a divorce and you go talk to a lawyer about it.
You tell him all about your situation and what has been going on, he quotes you a fee, and you tell him it’s too expensive and go find someone else. A week later your wife comes in and wants to talk to a lawyer about a divorce. The attorney not only can’t take the case because he’s already talked to you and representing the wife would create a conflict, but he can’t tell the wife why he can’t represent her! The wife would simply be sent away. That’s how powerful the privilege is.
And the privilege outlasts even your life. Your secrets die with the attorney. In the criminal law context there are examples of people who have confessed to murdering people (it isn’t the commission of a future crime so it is confidential) to their attorney, another person is tried and convicted of the murder, and the attorney never told anyone about the confession (it obviously later came out, but not in any way that affected the client). So, essentially, your secrets are safe.
There is good reason behind this privilege – your criminal defense lawyer must know as much about your case as possible to give you the best defense possible. Without your information and candid conversation, that is nearly impossible. So, the next time you are with your lawyer, don’t be afraid to speak up. Your secrets are safe.
By: Christopher Small