Posts Tagged ‘Probation’

Criminal No Contact Orders – What Constitutes a Violation?

January 23rd, 2010



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

Criminal Law Attorneys and the Process For Criminal Cases

December 15th, 2009



A commission or omission of an act in violation of a law which forbids or commands it, is considered a crime. If there is a complaint lodged against you regarding an act which was committed or omitted, you may be arrested and prosecuted under the Criminal Law system of a particular State. If you have been charged and arrested under such circumstances, always remember that you must hire the services of a good Criminal Law attorney to help you defend yourself.

Your defense attorney will make sure that all the procedures and processes leading to your arrest were followed. This is because any deviation from the required process will work in your defense and an experienced defense attorney will examine everything to make sure your rights were not violated when you were arrested.

In Arizona criminal justice, for instance, several stages are involved, including the proceedings, beginning with the commission of the crime up to the probation process. The criminal justice begins to roll when the crime is reported to the local authorities who then begin to investigate and collect the evidence. Once there is enough evidence, they will make the necessary arrest. The arrested person is then brought to the police station, fingerprinted, photographed and temporarily detained. There are cases where the arrested individual is immediately released after data was gathered and there are also cases where the person arrested is required to post a bond to ensure their appearance in court. During this time, the presence of a defense attorney will certainly be very helpful for the arrested person.

Within twenty four hours of the arrest, the person charged with an offense is required to make an appearance before the court where the judge will establish if the evidence is sufficient to support the reasonability of the charges. Since the court appearance would already involve some legal knowledge, the defense attorney will be the one who will answer for the accused. At this point, if the accused was unable to get the services of an attorney, the judge will appoint a defense attorney to defend him in court. It is, however, a sound decision if you will instead choose and hire services of an attorney who will defend you.

In certain circumstances, the Office of the State Attorney, after it has reviewed the local authorities’ arrest procedure, may file formal charges against the person who was arrested. He will then be scheduled for arraignment proceedings and once again, the presence of a defense lawyer to represent him will be required. It will be during this time that the defense lawyer, upon conferring with his client, will enter a plea of not guilty or guilty.

Once a plea is entered, another process will take place and this time, if the plea entered is not guilty, may involve trial preparations where the defense attorney will begin to interview witnesses and would also have the chance to be apprised of the evidence against the accused. The criminal justice process ends when during the trial, the criminal defense attorney proved that the accused is not guilty and the court agreed with him. If found guilty, however, the judge will review the sentence guidelines or plea agreements, then determines what type of sentence he will impose on the accused. If there is a chance to appeal the decision, the defense lawyer will begin another tedious preparation to file the appeal to a higher court.

By: Frank Schumacher

DUI Criminal Defense Attorney – What You Must Know to Avoid Harsh Penalties For Drinking and Driving

December 14th, 2009



Are you facing a DUI and you have to go to court over it soon? Do you want to know what you could be facing and why you need a DUI criminal defense attorney to help you negotiate and to defend you? There are many things you could be and probably are thinking about since you were arrested.

The first thing you need to know is that the penalties for a DUI vary depending on your state and even your city. You need to know what it is going to be that you could be facing because you could have your license suspended, jail time, probation, community service, fines, and there are even some areas that do some other things.

The second thing on your mind should be finding a good DUI criminal defense attorney that will help negotiate to get you the lower penalties and could actually get the entire DUI dropped for you. It is scary when you have to hire a DUI criminal defense attorney, but you should never go to court without one. If you do it could mean worse penalties.

The last thing that is probably scaring you is how this will affect your job, your family, your life, and your reputation. Getting a DUI can have quite a negative effect on you and your life so you should be careful to make sure you get the defense you need. This will help you keep your life more normal than if you try to defend yourself.

By: Tom Macinaw