Lamountain Law Blog

Rhode Island Batters Intervention Programs

Published 11/23/2020

You were ordered to complete Batterers Intervention Program as a condition of probation, here is the information you need. All defendants convicted of a domestic violence crime must undergo a Batterers Intervention Program (BIP). This program is usually called Domestic Violence Counseling or BIP.  This is a different program and is not replaceable by substance abuse...

Domestic Violence Laws in Rhode Island

Published 11/19/2020

Rhode Island Domestic Violence The Rhode Island General Assembly has enacted the Domestic Violence Prevention Act (RIGL 12-29).  The purpose of this act is to highlight domestic violence as a serious crime against society and to assure victims of domestic violence the maximum protection from abuse which the law and those who enforce the law...

If I Was Prescribed Medication, Is That a DUI Defense in RI?

Published 10/19/2020

The Simple Answer is NO. Rhode Island General Laws states that any person charged with DUI is, or has been, legally entitled to use alcohol or a drug shall not constitute a defense against a charge of DUI. If the medication adversely affected your ability to safely operate a motor vehicle, then the fact that it was...

Rhode Island Probation and Bail Violations

Published 09/29/2020

Hire An Experienced RI Probation/Bail Violation Defense Attorney While you are on Probation or Bail in Rhode Island you must “Keep the peace and be of good behavior.” If you fail to do so, you may be declared a probation or bail violator and sentenced to a period of incarceration. As a prosecutor and now a defense...

Can You Get Charged WIth a DUI if You Refused The Breathalyzer?

Published 09/19/2020

The short answer is Yes. It is commonly referred to as an OBSERVATION CASE. In Rhode Island, you can be charged with a DUI based upon the observations of the police officer and other witnesses. The prosecution has to prove beyond a reasonable doubt that you were under the influence of alcohol and/or drugs to a degree...

Should I Refuse The Breathalyzer Test in Rhode Island?

Published 08/19/2020

There is no clear answer to this question. Each case is unique and many factors can determine the answer. Rhode Island is an implied consent state.  This means that if you operate a motor vehicle you have agreed to give your consent to a breath test if police have reasonable grounds to believe you have...

What to do When Pulled Over for a DUI in Rhode Island

Published 07/01/2020

Keep the Following Issues in Mind if You Are Ever Pulled Over for Suspicion of DUI.   Find a safe place to pull over Police can and do use your operation of your car against you. They will put in the report if you drove in an erratic fashion or failed to pull over in a safe...

Rhode Island Cyber Crimes

Published 06/30/2020

Technology is involved in everyone’s daily life whether you know it or not. Cameras are likely recording portions of your daily activities every time you leave the house. They can be seen on your local roadways and traffic lights, the highways and even your neighbor’s front door. Cameras aside, cell phones can track your movement,...

Early Termination of Probation in Rhode Island

Published 06/19/2020

Have you been on probation for many years, been trouble free and turned your life around? If so, the Rhode Island Superior Court allows you to petition the Court for Early Termination of your Probation. Ending your probation early will save you money in probation fees, stress from having the potential for re-incarceration looming over you...

Rhode Island Firearm Cases

Published 05/26/2020

Hire An Experienced RI Criminal Firearms Defense Attorney Do not let an arrest for a firearm 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...