Rhode Island Drug Cases

Published 04/08/2020

Hire An Experienced RI Criminal Drug Defense Attorney

Do not let an arrest for a drug related charge ruin your life. Just because you were charged with a crime does not mean you will be convicted. Call me now to discuss your case. As a former state prosecutor and now a Rhode Island Criminal Defense Attorney I have handled hundreds of drug cases. I have actual trial experience and know the issues to help fight the charges.

Types of Cases

Drug cases range from simple nonviolent possession of a controlled substance to manufacturing and distributing large quantities of controlled substances. Courts can impose sentences ranging from one-year probation to life in jail.

What Defenses Can I Use?

The prosecution has to prove that you knowingly possessed the controlled substance to a jury or judge beyond a reasonable doubt. But before you get to that stage of the game you are entitled to fight the charges through motions to suppress the evidence.

Typical defenses involve illegal/improper searches by the police, improper police conduct, improper testing of the drugs, entrapment, and violations of constitutional rights. If you win at the suppression hearing, some if not all the evidence will be tossed out by the Judge and you may win your case before even going to trial.

What Type of Sentence Am I Facing if Convicted?

Multiple factors will determine the severity of the offense and possible punishment. Some of these factors are:

  • Type of Drug
  • Quantity of Drugs
  • Prior Criminal Records
  • Addict or Seller
  • Firearms involved
  • Indicia of Distribution
  • Mitigation Submitted On Your Behalf

What About Marijuana?

Rhode Island has decriminalized the possession of small amounts of marijuana (under 1oz).  Under the new law, possession of under an ounce of marijuana is a Civil Offense (the same as a speeding ticket).  However, possession of larger amounts of marijuana is still a criminal offense.

Police can still investigate, search and seize marijuana as contraband because of the way the laws are written.

Alternate Sentencing  Is Available In Most Cases!

  • Drug Court
    • 1-year program with weekly screens. If successfully completed the case is dismissed and sealed from your record.
  • Superior Court Diversion
    • 6 months to 1 year. Occasion Court Review and Constant Contact with Case Manager who oversees any imposed counseling, community service or restitution.
    • Individuals who successfully complete the program requirements are eligible to have the pending felony offense dismissed and/or sealed.

The Law Office of Matthew L. LaMountain has successfully defended numerous Drug  Cases.

Call now for a free consultation.