Close X

Recent Criminal Case Victories

2012 RI CRIMINAL DEFENSE VICTORIES

CHARGE: POSSESSION OF ONE KILOGRAM TO FIVE KILOGRAMS OF MARIJUANA
POLICE REPORT: The Client was a medical marijuana caregiver for two patients with debilitating medical conditions. After months of cultivating eighteen marijuana plants, the plants had matured and were harvested. The plants were placed into two trash bags and transported to another location for curing. During the transport, the vehicle containing the marijuana was involved in a car accident and the police were called. Upon their arrival, the police discovered the marijuana and began a criminal investigation. The Client provided the police with his two Rhode Island medical marijuana caregiver registry identification cards. The police seized the marijuana and identified nearly 72 ounces (4.5 pounds) of buds and leaves. Believing the Client was in excess of the statutory limits for medical marijuana caregivers, the police charged him with felony possession of one kilogram to five kilograms of marijuana (carrying up to 50 years in prison).

RESULT: DISMISSED after a probable cause hearing on 12/13/12

CHARGE: POSSESSION OF MARIJUANA (FIRST OFFENSE)
POLICE REPORT: Campus Security responded to a call by a Resident Advisor who reported smelling marijuana burning within the dorm. When Campus Security arrived, they were able to locate the room where the smell was originating. Upon entering the room, Campus Security searched the Client's belongings and located a small amount of marijuana. The Client was later located and charged with possession of marijuana (first offense).

RESULT: DISMISSED on 12/12/12

CHARGE: POSSESSION OF MARIJUANA (FIRST OFFENSE)
POLICE REPORT: The Client was riding as a passenger in a vehicle on Route 95 North when the vehicle was stopped for speeding. When the officers approached the vehicle, they detected the odor of marijuana emanating from within the vehicle. The Officer asked the occupants if there were any drugs in the vehicle, and the Client handed the officer a small amount of marijuana. The Client was then asked to exit the vehicle and charged with possession of marijuana (first offense).

RESULT: DISMISSED on 12/12/12

CHARGE: DOMESTIC ASSAULT AND BATTERY
POLICE REPORT: The police responded to a local apartment for a call reporting a domestic disturbance. When they arrived, they spoke with the alleged victim who told them that her ex-husband had arrived unexpectedly and an argument had ensued. She told them that the Client had grabbed her and put his hands around her throat and began choking her. A neighbor stepped in and broke up the incident. The Client then, according to the alleged victim, fled the scene. A warrant was issued for his arrest charging him with misdemeanor domestic assault and battery.
RESULT: DISMISSED on 12/11/12

CHARGE: DOMESTIC DISORDERLY CONDUCT
POLICE REPORT: The Client's husband responded to the local police station to report an incident with his wife, the Client. The husband informed police that he and his wife had an argument during which his wife became enraged. She was yelling, screaming, and threatening to kill him. Fearing that the Client may harm him if he remained within the home, the Client responded to the station to seek assistance from the police. Based on the statement provided by the Client's husband, a warrant was issued charging the Client with domestic disorderly conduct.
RESULT: DISMISSED on 12/10/12

CHARGES:
(1) FELONY POSSESSION OF OXYCODONE
(2) FELONY POSSESSION OF PERCOCET
(3) FELONY POSSESSION OF LORAZAPAN
(4) FELONY POSSESSION OF MORPHINE
(5) FELONY POSSESSION OF HYDROCODONE
(6) FELONY CONSPIRACY TO VIOLATE THE CONTROLLED SUBSTANCES ACT

POLICE REPORT: Undercover police had established surveillance on the parking lot outside a local bar. While observing the parking lot, the Police witnessed the Client and another individual pull into the parking lot in separate vehicles. The other individual exited his vehicle and walked up to the driver's side of the Client's vehicle. The Client gave the other individual some cash and before the narcotics could be transferred, the Police rushed in and arrested both the Client and the other individual. Upon searching the Client's vehicle, the police located nearly 400 pills of prescription drugs consisting of oxycodone, Percocet, lorazapan, morphine, hydrocodone. The Client was charged with felony possession of each of the five drugs located in the vehicle as well as conspiracy to violate the Rhode Island Controlled Substances Act.

RESULT: ALL CHARGES DISMISSED on 12/3/12

CHARGE: MISDEMEANOR RECEIVING STOLEN GOODS (UNDER $1,500)
POLICE REPORT: The Client was a student at a local university. The Client's dorm room was vandalized when the exits signs in the hallway were damaged and stolen. In the days after the incident, the Resident Advisors located photographs posted on Facebook which displayed the Client in his dorm room posing with the stolen exit signs. Based on the photographs, the Client was arrested and charged with misdemeanor receiving stolen goods (under $1,500).

RESULT: DISMISSED on 12/3/12

CHARGES:
(1) DELIVERY OF OXYCODONE
(2) POSSESSION WITH INTENT TO DELIVER HYDROCODONE
(3) POSSESSION WITH INTENT TO DELIVER ALPRAZOLAM
(4) POSSESSION WITH INTENT TO DELIVER AMPHETAMINE

POLICE REPORT: The Client was seated in his vehicle in a local Burger King parking lot. As the Police were observing him, another vehicle pulled up next to the Client's car and park. The operator of that vehicle opened the front passenger door of the Client's car, removed money from his pants pocket, and entered the Client's car. Once inside, the two turned towards each other and conducted what the police described as a drug transaction. The Police moved in and discovered cash in the Client's hand and the passenger in possession of oxycodone. The Police also discovered, on the Client's person, hydrocodone, alprazolam, and amphetamine. The Client was charged with delivery of oxycodone, possession with intent to deliver hydrocodone, possession with intent to deliver alprazolam, and possession with intent to deliver amphetamines.
RESULTS:
(1) DISMISSED
(2) DISMISSED
(3) DISMISSED
(4) REDUCED TO SIMPLE POSSESSION OF AMPHETAMINE
and the Client placed on a three year suspended sentence with three years of probation on 12/3/12

CHARGE: DISORDERLY CONDUCT
POLICE REPORT: The Client was at a local bar when the police were called to deal with a fight that had occurred at the bar. During the struggle, the police had tased one of the individuals involved. After the incident, the Client was outside yelling at the police because he believed that they had used excessive force. On Officer approached the Client and told him to stop yelling and attempted to have a conversation with him about what had happened. The Client said he didn't want to speak with him, and attempted to walk away. The Officer forcibly prevented him from leaving, and when the Client resisted, a struggle ensued and the Client was placed under arrest and charged with Disorderly Conduct.
RESULT: DISMISSED on 11/28/12

CHARGE: DUI (DRIVING UNDER THE INFLUENCE OF ALCOHOL - BAC OVER 0.15)
POLICE REPORT: Police responded to a 911 call reporting a single car motor vehicle accident. Upon arrival, the police observed that the Client's vehicle had collided with and snapped a medium sized tree. Police, Fire, and Rescue attempted to speak with the Client who was slumped over the front seat and in a dazed state. The Client was removed from the vehicle and had difficulty standing, speaking, and understanding the Officer's questions. The Client was placed in a neck collar and transported to Rhode Island Hospital for treatment. Once at the Hospital, the Client consented to a blood test for the presense of alcohol and was charged with driving under the influence. The Client's blood was tested by the Rhode Island Department of Health and indicated a blood alcohol concentration of 0.28, three and one-half times the legal limit. Based on the blood test results, the Client was then formally charged with DUI (driving under the influence with BAC over 0.15).
RESULT: REDUCED TO RECKLESS DRIVING and Filed for one-year with a 90 day loss of license on 11/13/12

CHARGES:
(1) DOMESTIC ASSAULT AND BATTERY
(2) DOMESTIC DISORDERLY CONDUCT

POLICE REPORT: A neighbor called the police to report a domestic disturbance occurring in the apartment above her. She reported to police that the yelling was so loud that the building was shaking and that she could hear furniture being moved and possibly broken upstairs. When the police arrived, they spoke to the Client's Husband who told them that there had been an argument. The Husband went on to state that during the argument the Client had scratched his neck and face causing the scratches that were clearly visible to the Police. Based on the injuries they observed and the statements from the Client's Husband, the Client was charged with Domestic Assault and Battery as well as Domestic Disorderly Conduct.

RESULT: ALL CHARGES DISMISSED on 11/13/12

CHARGE: MINOR IN POSSESSION OF ALCOHOL (R.I.G.L. § 3-8-10 – Possession of Beverage by Underage Persons)
POLICE REPORT: Police were patrolling the streets nearby a local college campus when they bumped into the Client carrying a red solo cup containing alcohol (beer). Based on the fact that the Client was not yet 21 years old, he was arrested and charged with being a minor in possession of alcohol (R.I.G.L. § 3-8-10).

RESULT: DISMISSED on 11/5/12

CHARGES:
(1) POSSESSION OF MARIJUANA (FIRST OFFENSE)
(2) DRIVING IN POSSESSION OF A CONTROLLED SUBSTANCE
POLICE REPORT: At about 1 am a Police Officer observed the Client's vehicle traveling at 80 mph in a posted 50 mph zone and stopped the vehicle. While speaking with the Client, the Officer detected a strong odor of marijuana emanating from within the vehicle. The Officer asked the Client if he had any marijuana within the vehicle, to which he responded yes and turned over approximately an 1/8th. Based on the drugs seized from the Client, he was charged with simple possession of marijuana and driving in possession of a controlled substance.
RESULTS: ALL CHARGES DISMISSED on 11/1/12

CHARGES:
(1) OBTAINING MONEY UNDER FALSE PRETENSES UNDER $500
(2) OBTAINING MONEY UNDER FALSE PRETENSES UNDER $500

POLICE REPORT: The Police responded to a local retail store for a report of an attempted larceny. Upon speaking with store security, the Police learned that the Client had entered the store and allegedly removed an item from the shelves and “returned” the item in exchange for a store gift card at the customer service station. The Client then left the store. A warrant was issued and the Client was charged with two counts of obtaining money under false pretenses under $500.
RESULT: BOTH CHARGES DISMISSED on the day of Trial on 10/17/12

CHARGE: CRIMINAL TRESPASSING
POLICE REPORT: The Client and her friend had turned onto a dirt road late at night in search of the shore/ocean. After traveling down the dirt road, past “No Trespassing” signs, their SUV became stuck in the mud. The Client called AAA to have her vehicle removed. While her vehicle was being removed, the landowner called the Police who arrested the Client for trespassing in violation of the posted “No Trespassing” signs.

RESULT: DISMISSED on 10/12/12

CHARGES:
(1) DISORDERLY CONDUCT
(2) RESISTING ARREST

POLICE REPORT: Police responded to a local housing development for a report of a confrontation between neighbors. Upon arrival, the Police spoke to neighbors who indicated that they were assaulted from a woman next door. The Police then located the suspect and as they were placing her into custody the Client, her brother, began yelling at the police for arresting his sister. The Police allegedly repeatedly told the Client to calm down and be quiet. The Police allege that the Client refused to comply with their commands and they attempted to place the Client under arrest. The Client struggled with the Police as they placed him into custody and he was charged with disorderly conduct and resisting arrest.

RESULT: ALL CHARGES DISMISSED on 9/28/12

CHARGE: VANDALISM
POLICE REPORT: The Client was at Twin River Casino playing a video game machine. While playing, the Client was observed via security video to repeatedly strike the video screen of the machine causing it to malfunction and stop working. Upon inspection, casino maintenance determined that the machine's video screen had been irreparably damaged and would need to be replaced. As a result of the Client's actions, he was taken into custody by the Police and charged with misdemeanor vandalism.

RESULT: DISMISSED on 9/28/12

CHARGE: DRIVING ON A SUSPENDED LICENSE BASED ON A DUI (R.I.G.L. 31-11-18.1)
POLICE REPORT: The Police observed the Client pulling out of a local bank at 1 am and began following him. The Police observed the Client operating at 20 mph in a 35 mph zone and observed an air freshener hanging from the rearview mirror. Based on the slow speed and what the Officer alleged was an obstructed windshield, the Client was pulled over. Upon being pulled over, the Police learned that the Client's license was suspended based on a recent DUI conviction. The Client was charged with driving on a suspended license based on a DUI conviction (R.I.G.L. 31-11-18.1 – mandatory minimum 10 day jail sentence)

RESULT: NOT GUILTY AFTER TRIAL on 9/27/12

CHARGES:
(1) POSSESSION OF ADDERALL
(2) POSSESSION OF MARIJUANA

POLICE REPORT: The Client was traveling home from school on Rt. 95 when she was stopped for speeding. While speaking with the Client, the Officer detected the strong odor of marijuana coming from within the vehicle. The Officer asked if there were any illegal drugs within the vehicle. The Client responded that there were and proceeded to turn over a pill bottle containing marijuana and adderall for which the Client did not have a prescription. Based on the seizure of the drugs, the Client was charged with felony simple possession of adderall and misdemeanor simple possession of marijuana.

RESULT: ALL CHARGES DISMISSED after completion of the Adult Diversion Program on 9/24/12

CHARGE: MISDEMEANOR SHOPLIFTING
POLICE REPORT: The Client was shopping at a local K-Mart and was observed by store security placing several small items into her purse. Store security followed the Client to the register where she purchased some items but failed to pay for the items hidden in her purse. As she exited the store, the Client was stopped and escorted to the Security Officer where the items in her purse were returned. The Police were summoned and the Client was charged with misdemeanor shoplifting.

RESULT: DISMISSED on 9/19/12

CHARGES:
(1) DUI (DRIVING UNDER THE INFLUENCE OF ALCOHOL - BAC OVER 0.15)
(2) DRIVING WITH A SUSPENDED LICENSE (FIRST OFFENSE)

POLICE REPORT: A Patrol Officer was conducting a routine traffic stop when the Client's vehicle side-swiped the Police cruiser. The Client's vehicle was stopped and, in speaking with the Client, the Officer detected a strong odor of alcohol, bloodshot watery eyes, and slurred speech. The Client then failed all three phases of the standardized field sobriety tests and was arrested. At the station, the Client submitted to the breathalyzer which resulted in BAC readings of 0.18.
RESULTS:
(1) AMENDED TO RECKLESS DRIVING
and Filed for one-year with a 60 day loss of license
(2) DISMISSED on 9/12/12

CHARGES:
(1) DUI (DRIVING UNDER THE INFLUENCE OF ALCOHOL – BAC UNKNOWN)
(2) REFUSAL TO SUBMIT TO A CHEMICAL TEST

POLICE REPORT: While on routine patrol at 3 am a Patrol Officer came upon a car stopped in the travel lane of the roadway. The Officer approached the driver in an attempt to assist the operator and observed the Client asleep at the wheel. The Client was awoken and, in speaking with the Officer, was observed to be very confused with extremely bloodshot and glossy eyes as well as having strong odor of alcohol coming from her breath. The Client consented to standardized field sobriety tests which she failed in the opinion of the Officer. She was then placed under arrest and, while at the station, asked to take a breathalyzer. The Client attempted to submit to the breathalyzer but, in spite of numerous attempts, could not submit a sufficient sample. During the Client's attempts to submit, the highest sample obtained produced a reading of 0.206. In the opinion of the Officer, the Client was intentionally manipulating the machine and therefore the Officer charged the Client with refusal to submit to a chemical test and driving under the influence, blood alcohol content unknown.
RESULTS:
(1) AMENDED TO RECKLESS DRIVING
and Filed for one-year with a 90 day loss of license
(2) DISMISSED on 9/12/12

CHARGE: POSSESSION OF MARIJUANA (FIRST OFFENSE)
POLICE REPORT: The Police were on routine patrol when they observed the Client's vehicle traveing at 48 mph in a 40 mph zone. The police initiated a traffic stop and approached the vehicle. Upon approaching the vehicle, the Police Officer detected a strong armoa of what he believed to be marijuana. The Officer asked the Client if there were any narcotics inside the vehicle. The Client indicated that he had marijuana in the center console of the vehicle. The Officer searched the vehicle and found a bag containing suspected marijuana. The contents of the bag field tested positive for marijuana and the Client was then arrested and charged with simple possession of marijuana, first offense.
RESULT: DISMISSED on 9/6/12

CHARGE: SHOPLIFTING
POLICE REPORT:
The Client was observed by Store personnel taking items at a store and entering the changing area. After a few minutes, the Client was seen exiting the changing area without the items. Security checked the changing area and discovered that the items were no longer in the changing area. The Client was then stopped while exiting the store and back in the store security office where the items were discovered with her belongings. When the local police arrived, the Client was charged with misdemeanor shoplifting (first offense).
RESULT: DISMISSED on 9/5/12

CHARGE: DUI (DRIVING UNDER THE INFLUENCE OF ALCOHOL - BAC OVER 0.15)
POLICE REPORT: Police received a 911 call reporting an erratic driver. When arriving at the general location reported by the caller, the Police were directed on scene by the caller who pointed out the suspected drunk driving. The Police stopped the vehicle and asked the Client to exit the vehicle. Upon speaking with the Client, they immediately detected a strong odor of alcohol coming from her breath, bloodshot and watery eyes, and slurred speech. The Client attempted to complete the field sobriety tests but ultimately began crying uncontrollably and sat down on the curb during the tests. The Client submitted to a preliminary breath test on the scene that reported a blood alcohol content of 0.302, nearly four times the legal limit. The Client was arrested and brought back to the station where she submitted to a breathalyzer with blood alcohol content readings of 0.201 and 0.203. Based on the readings, the Client was charged with DUI (driving under the influence with BAC over 0.15).
RESULT: REDUCED TO RECKLESS DRIVING and Filed for one-year with a 90 day loss of license on 8/9/12

CHARGES:
(1) POSSESSION WITH INTENT TO DISTRIBUTE MARIJUANA
(2) DELIVERY OF MARIJUANA TO A POLICE AGENT
(3) FELONY CONSPIRACY TO VIOLATE THE CONTROLLED SUBSTANCES ACT
POLICE REPORT: The Police obtained information, from individuals involved in a recent arrest, that the Client was supplying large quantities of marijuana throughout the area. The individuals informed the police that the most recent delivery had occurred two days prior. Based on this information, the Police attempted to set up the Client by stopping the vehicle in which he was traveling the next morning, purportedly en route to another delivery. Upon stopping the vehicle, Police identified the Client as the passenger and located two ounces of marijuana on his person. The Client was able to produce a valid Rhode Island Medical Marijuana Patient card. Ignoring the Client's medical and legal possession o f the two ounces of marijuana, the local Police charged the Client with possession with intent to distribute the marijuana on his person, delivery of marijuana to a police agent for the delivery that had occurred the two days prior, and felony conspiracy to violate the controlled substances act.
RESULT:
(1) REDUCED TO SIMPLE POSSESSION OF MARIJUANA
and case Filed for one year (no conditions) on 8/1/12
(2) DISMISSED
(3) DISMISSED

CHARGES:
(1) DOMESTIC ASSAULT AND BATTERY
(2) DOMESTIC DISORDERLY CONDUCT
(3) DOMESTIC VANDALISM
POLICE REPORT: The Client's Wife went to the local police department to report an incident that had occurred with her Husband. She advised police that two days prior they had invited friends over for a campfire and that the Client had drank too much. Inside the house an argument ensued during which time the Client pushed his Wife into a dresser and began punching her in the shoulders. The Client's Wife tried to fight back and was able to break free from the Client at which time the fight ended. The police observed bruising to her knee and both her left and right shoulders. Based on the statements provided by the Client's Wife and the injuries observed by the police, the Client was charged with domestic assault and battery, domestic disorderly conduct, and domestic vandalism.
RESULT: ALL CHARGES DISMISSED on 8/1/12

CHARGE: POSSESSION OF MARIJUANA (FIRST OFFENSE)
POLICE REPORT: Police had received multiple calls from the residents of a local apartment complex about drug activity in their parking lot. During a routine patrol of the area, a Police Officer observed a suspicious vehicle parked in the lot at night running with a sole occupant. The Officer stopped and approached the vehicle to investigate and upon speaking with the operator he detected a strong odor of freshly burnt marijuana emanating from within the vehicle. The Officer asked the Client if there was anything illegal within the vehicle, and the Client handed the Officer a small bag containing marijuana. The contents of the bag field tested positive for marijuana and the Client was then arrested and charged with simple possession of marijuana, first offense.
RESULT: DISMISSED on 7/17/12

CHARGE: DUI (DRIVING UNDER THE INFLUENCE OF ALCOHOL - BAC OVER 0.15)
POLICE REPORT: Police responded to a 911 call reporting a suspected drunk driver operating erratically. Upon arrival, the police observed the Client's vehicle stopped along the side of the road turning its lights off. The Police, confirming that the Client's vehicle matched the vehicle identified by the 911 caller, turned on their overhead lights and pulled behind the Client's vehicle. The Police approached the Client's vehicle and observed the Client to have severely bloodshot, watery eyes and a strong odor of alcohol emanating from her breath. They requested her to submit to standardized field sobriety testing which she failed. Based on those observations, the Police placed the Client under arrest and at the station requested her to submit to the breathalyzer. The Client submitted to the breath test resulting in readings of 0.154 and 0.160, twice the legal limit. The Client was then charged with DUI (driving under the influence with BAC over 0.150).
RESULT: REDUCED TO RECKLESS DRIVING and placed on File for one year (not a criminal conviction) with a 45 day suspension of license on 7/9/12

CHARGE: DUI (DRIVING UNDER THE INFLUENCE OF ALCOHOL - BAC BETWEEN 0.10 TO 0.15)
POLICE REPORT: Police responded to a 911 call reporting a single car motor vehicle accident on a rural stretch of road. Upon arrival, the police observed the Client's vehicle stuck in a ditch along the side of the road. The Police spoke with the Client who admitted operating and told the Police that a deer had run across the street causing him to swerve and lose control of the vehicle. The Police observed a strong odor of alcohol emanating from the Client's breath along with bloodshot, watery eyes. The Client consented to standardized field sobriety tests which, according to police, he failed. The Client consented further to a preliminary breath test with readings of 0.11. The Client was placed under arrest, taken to the station, and requested to submit to a full breathalyzer test to which he consented with readings of 0.104 and 0.11. The Client was then charged with DUI (driving under the influence with BAC between 0.10 and 0.150).
RESULT: REDUCED TO DRIVING WHILE IMPAIRED (R.I.G.L. § 31-27-2.7) and which is a civil violation (not a criminal conviction) with a 90 day loss of license on 7/5/12

CHARGE: DOMESTIC ASSAULT AND BATTERY
POLICE REPORT: The Client went to her ex-girlfriend's house and found her with another man in her bedroom. The Client became enraged and demanded to speak with her. The Client's ex-girlfriend came out and the other man left and called 911. Upon arrival, the Client's ex-girlfriend told the Police that the Client had come over uninvited, began yelling and screaming at her, and had pushed her down during an argument. Based on the statements obtained from the Client's ex-girlfriend the Client was charged with domestic assault and battery.
RESULT: DISMISSED on 7/2/12

CHARGE: DOMESTIC ASSAULT AND BATTERY
POLICE REPORT: The Client and her ex-boyfriend had gone out for dinner and drinks during which time both became intoxicated. The Client's ex-boyfriend told the Police that after arriving home the Client became enraged and began hitting, scratching, and punching her ex-boyfriend in the face. The Police observed redness and scratches to the ex-boyfriend's face and neck. Upon speaking with the Client, the Client told Police that she had in-fact scratched and hit her ex-boyfriend in the face. Based on the statements of the Client and her ex-boyfriend, the Client was charged with simple domestic assault and battery.
RESULT: DISMISSED on 6/25/12

CHARGES:
(1) FELONY LARCENY (OVER $500)
(2) DOMESTIC ASSAULT AND BATTERY
(3) DOMESTIC DISORDERLY CONDUCT
POLICE REPORT:
The complaining witness called a local police department alleging that the Client had assaulted her. The complaining witness told the police that during an argument in her condo the Client had pushed her over, punched her in the face, and put both his hands around her neck choking her. The complaining witness told the police to break free she was forced to bite the Client's finger and the Client released her. At this time, she told the police that the Client went upstairs and began packing his belongings and allegedly stole her diamond engagement ring that the Client had purchased for her. The Client then fled the residence and was later arrested by the police and charged with felony larceny (over $500), domestic assault and batter, and domestic disorderly conduct. The case proceeded to trial in the Providence Superior Court beginning on June 4th, 2012.
RESULT: FOUND NOT GUILTY BY JURY ON ALL CHARGES on 6/6/12

CHARGE: SHOPLIFTING
POLICE REPORT:
The Client was observed by Store personnel taking items at a store and entering the children's clothing area. While in the children's clothing area store security witnessed the Client placing items in her purse. The Client was stopped while exiting the store and back in the store security office she admitted to taking the items. When the local police arrived, the Client was charged with misdemeanor shoplifting (first offense).
RESULT: DISMISSED on 6/5/12

CHARGE: DOMESTIC ASSAULT AND BATTERY
POLICE REPORT:
The complaining witness called the police to report an assault allegedly committed upon him by his brother. Upon arrival, the police spoke with the complaining witness who explained to them that he was at his parent's home gathering belongings when his brother began pushing and shoving him and telling him to leave the home. Based on the statements submitted to the police by the complaining witness, the Client was charged with simple domestic assault and battery.
RESULT: CHARGE DISMISSED ON THE DAY OF TRIAL on 5/31/12

CHARGE: SHOPLIFTING
POLICE REPORT:
The Client was observed, via store security video, taking items at a local mall and entering a dressing room. When the Client exited the dressing room the items were no longer visible. Security checked the dressing room and observed tags but no clothing. The Client was stopped while exiting the store and admitted to taking the items. When the local police arrived, the Client was charged with misdemeanor shoplifting (first offense).
RESULT: DISMISSED on 5/14/12

Call now to speak directly with a skilled
Rhode Island Criminal Defense Lawyer – (401) 228-8271

CHARGE: FELONY LARCENY
POLICE REPORT: Police responded to a report of unauthorized purchases of gasoline on a corporate account at a local gas station. Upon speaking with the victim, the Police learned that over the last few months someone had been making unauthorized purchases of premium gasoline on a corporate account totaling approximately $850. In speaking to gas station employees, the Police were able to identify the Defendant as someone who had been purchasing premium gasoline on the corporate account. The Client was subsequently arrested and charged with felony larceny for allegedly stealing $850 worth of premium gasoline.
RESULT: CLIENT PLACED PRE-TRIAL PROBATION FOR SIX MONTHS, not a criminal conviction and no admission to the charge on 4/20/12

CHARGE: DOMESTIC SIMPLE ASSAULT AND BATTERY
POLICE REPORT: Police responded to a 911 call regarding an altercation in the parking lot of a local CVS. The caller reported that a male and a female were engaged in a verbal altercation. Upon arrival, the Police spoke with the alleged victim who informed the Police that she was driving on her way the store when the Client, who was seated in the back seat behind the driver, began chocking her from behind and yelling at her. According to the alleged victim, the Client wouldn't stop choking her until she pulled the vehicle over. Based on her statements, the Client was arrested and charged with Domestic Simple Assault and Battery.
RESULT: DISMISSED on 4/19/12

CHARGE: PROCUREMENT OF ALCOHOL FOR A MINOR
POLICE REPORT: Police were on patrol when they observed the Client carrying a large amount of alcohol from a liquor store. They observed the Client place the alcohol into a motor vehicle and get into the passenger seat. As the vehicle pulled away from the liquor store, the Police observed the back seat of the vehicle to be overloaded and based on that the Police stopped the vehicle. Upon speaking to the individuals in the vehicle, the Police allege that the Client purchased the alcohol within the vehicle for the occupants who were under 21 years of age. Based on that information, the Client was charged with procuring alcohol for a minor and arrested.
RESULT: DISMISSED on 4/19/12

CHARGE: DOMESTIC DISORDERLY CONDUCT
POLICE REPORT: A neighbor called 911 to report a domestic incident occurring at a neighboring house. The caller reported that individuals were screaming at one another and the fight had moved from inside to the front lawn to back inside the home. During the incident, the Client had smashed a glass door by punching his hand through the door. The Police, upon arrival, arrested the Client and charged him with Domestic Disorderly Conduct.
RESULTS: DISMISSED on 4/18/12

CHARGE:
(1) SIMPLE ASSAULT AND BATTERY
(2) DISORDERLY CONDUCT
POLICE REPORT: At a local festival the Police responded to a 911 call for a report of an assault. Upon their arrival, the Police spoke to an alleged victim who informed them that the Client had attacked her on the street. During the attack, the victim alleged that the Client and a friend smashed a bottle over her head and punched her in the face numerous times. As a result of her statements, a warrant was issued for the Client's arrest charging her with Simple Assault and Battery and Disorderly Conduct.
RESULTS: ALL CHARGES DISMISSED on 4/18/12

CHARGE: DOMESTIC TRESPASSING
POLICE REPORT: The Client was the victim of a serious felony assault at the hands of her ex-boyfriend. After the assault, a no-contact order was issued prohibiting her ex-boyfriend from contacting the Client. After her release from the Hospital, the local Police informed the Client that she was not to go to her ex-boyfriend's home as he did not want her to go there. According to the Client's ex-boyfriend, the Client repeatedly went to the ex-boyfriend's home to retrieve belongings and see their young child. Based on the ex-boyfriend's statements, the Client was charged with domestic trespassing.
RESULTS: DISMISSED on 3/27/12

CHARGE: DUI (DRIVING UNDER THE INFLUENCE OF ALCOHOL - BAC OVER 0.15)
POLICE REPORT: Police responded to a 911 call reporting a motor vehicle accident. Upon arrival, the police noted that the Client's motor vehicle had skidded off the road and struck a commercial building. While speaking with the Client, the police observed the Client to have bloodshot and watery eyes, slurred speech, and a strong odor of alcohol emanating from the Client's breath. Based on the poor road conditions, the Client was transported to the police station where standardized field sobriety tests were conducted. The Client failed the SFST's and consented to a breath test for the presence of alcohol. Two readings were obtained from the Client with both readings registering 0.216 on the breathalyzer, nearly three times the legal limit of 0.08. The Client was then charged with DUI (driving under the influence with BAC over 0.150).
RESULT: REDUCED TO RECKLESS DRIVING and placed on File for one year (not a criminal conviction) with a 30 day suspension of license on 3/26/12

CHARGES:
(1) VANDALISM
(2) AIDING AND ABETTING VANDALISM
POLICE REPORT: Client identified on a surveillance video allegedly placing nails underneath a store clerk's tires. The store clerk informed police that after his shift ended and he headed home he discovered that he had three flat tires. Upon repair of the tires, it was discovered that there were multiple nails lodged in each tire. After reviewing the store security video, the police charged the Client was vandalism and aiding and abetting vandalism for the damage inflicted upon the store clerk's tires.
RESULT: ALL CHARGES DISMISSED on 3/23/12

CHARGES:
(1) SIMPLE POSSESSION OF MARIJUANA (FIRST OFFENSE)
(2) DRIVING IN POSSESSION OF A CONTROLLED SUBSTANCE
POLICE REPORT: Police on routine patrol observed a vehicle make an illegal u-turn and halted the vehicle. Upon speaking with the Client who was operating the vehicle, the police identified the odor of marijuana emanating from within the vehicle and inquired as to whether the Client had any marijuana within the vehicle. The Client confessed and informed the police that there was marijuana within the vehicle. The vehicle was then searched and slightly over one ounce of marijuana was located within the vehicle. The Client was charged with simple possession of marijuana (first offense) and driving in possession of a controlled substance.
RESULT: ALL CHARGES DISMISSED on 3/22/12 after the Defense submitted a Motion to Dismiss Based on the Affirmative Defense of the Medicinal Use of Marijuana

CHARGE: DUI (DRIVING UNDER THE INFLUENCE (BAC 0.10 - 0.15)
POLICE REPORT: Client was seen by local police officers operating erratically in a store parking lot. As the Client's vehicle exited the parking lot, his vehicle was seen striking another vehicle. After the accident, the Client's vehicle accelerated back into the parking lot towards the police officers. The police halted the Client's vehicle and began a DUI investigation. The Client failed all three standardized field sobriety tests and blew over 0.15 on a preliminary breath test on scene. The Client was then transported back to the police station where he submitted to the breathalyzer with results of 0.136. The Client was then charged with DUI (driving under the influence with a blood alcohol level between 0.10 and 0.15).
RESULT: NOT GUILTY AFTER TRIAL on 3/13/12

CHARGE: MISDEMEANOR SHOPLIFTING
POLICE REPORT: Client, a local college student on a student visa from China, had entered a local Stop and Shop. According to store security, the Client began placing items in her backpack. After placing numerous items in her backpack, the Client then proceeded to the checkout line where she paid for some items, but failed to pay for any of the items she had allegedly placed in her backpack. As the Client attempted to exit the store, she was stopped and detained by store security. When the local police arrived, the Client was charged with misdemeanor shoplifting (first offense).
RESULT: DISMISSED on 3/7/12

CHARGE: WILLFUL TRESPASS
POLICE REPORT: The Client, an avid off-road enthusiast, was attempting to locate off-road terrain when he entered what appeared to be a trial leading toward State forest land. His off-road vehicle became stuck in some mud and required the assistance of another vehicle to break free. While awaiting the arrival of another vehicle, the owner of the land called the police and had the Client charged with willful trespass. The police alleged that the Client failed to heed “No Trespassing” signs that were posted on the property.
RESULT: DISMISSED on 3/6/12

CHARGES:
(1) SIMPLE POSSESSION OF MARIJUANA (FIRST OFFENSE)
(2) VIOLATION OF A FILING
POLICE REPORT: The Client, a local college student at Roger Williams University, was in his room when the dorm fire alarm sounded. The Client exited the dorm and returned when the alarm ceased. When the Client returned to his room he discovered the RA and campus security in his room. Campus Security had discovered marijuana in plain view as they conducted a security check of the dormitory. The Client admitted that the marijuana was in-fact his and when the local police arrived the Client was charged with simple possession of marijuana (first offense).
RESULTS:
(1) DISMISSED
(2) VIOLATION WITHDRAWN
on the day of Trial on 3/1/12

CHARGE: SIMPLE POSSESSION OF MARIJUANA (FIRST OFFENSE)
POLICE REPORT: The Client stopped at a convenience store to pick up a friend and give her a ride home. While waiting at the convenience store a Police cruiser arrived for an argument that was taking place in the parking lot. As the Officer passed by the Client's vehicle he detected an odor of marijuana emanating from within the vehicle. The Officer approached the Client and asked him if he had any marijuana in the car, to which the Client responded “Ya, a little bit.” The Client then handed over 2-3 grams of marijuana. The Client was then arrested and charged with simple possession of marijuana, first offense.
RESULT: DISMISSED on 2/27/12

CHARGE: SIMPLE POSSESSION OF MARIJUANA (FIRST OFFENSE)
POLICE REPORT: The Client was driving home late at night after getting off from work. As her motor vehicle passed two stationary police cruisers, the Police pulled her over for failing to use a turn signal when changing lanes. As the Police Officer approached the window, he detected the odor of marijuana emanating from inside the vehicle. The Officer asked the Client if she had anything illegal in the vehicle and the Client handed the Officer a small amount of marijuana. The Client was then arrested and charged with simple possession of marijuana, first offense.
RESULT: DISMISSED on 2/17/12

CHARGES:
(1) SIMPLE POSSESSION OF MARIJUANA (FIRST OFFENSE)
(2) MISDEMEANOR SHOPLIFTING (FIRST OFFENSE)
POLICE REPORT: The Client was shopping at a local retail store. While within the store, store security allegedly witnessed the Client taking items off the shelves and placing them within his backpack. The Client then proceeded to the register to checkout and while in line at the register decided to return back into the store. While returning back into the store, the Client was stopped by store security and the local police department. Inside the Client's backpack store security located several items taken from inside the store. The Client was charged with misdemeanor shoplifting. While being processed, the Client was patted down and a small bag containing marijuana was located in his pocket. The Client was then also charged with simple possession of marijuana.
RESULTS: ALL CHARGES DISMISSED on 2/14/12

CHARGES:
(1) DOMESTIC SIMPLE ASSAULT AND BATTERY (SECOND OFFENSE)
(2) DOMESTIC DISORDERLY CONDUCT
POLICE REPORT: The Client was visiting his ex-girlfriend's home to spend time with his daughter. During the course of the evening the his ex-girlfriend became intoxicated. Once intoxicated, the Client's ex-girlfriend alleged that the Client began to assault her by hitting her and grabbing her by the neck. During the course of the alleged altercation, the police were called. Upon arrival, the police only spoke to the Client's ex-girlfriend and based on the information she provided they arrested and charged the Client was with domestic simple assault and battery (second offense) and domestic disorderly conduct.
RESULTS: ALL CHARGES DISMISSED on 2/13/12

CHARGES:
(1) POSSESSION OF ADDERALL
(2) POSSESSION OF HYDROCODONE
(3) POSSESSION OF MARIJUANA
POLICE REPORT: The Client was driving home from class at a local Rhode Island university. Police observed the Client speeding and halted his vehicle. Upon speaking with the Client, the Police smelled a strong odor of marijuana emanating from the vehicle. The Defendant was asked to exit and the vehicle was searched. During the search, the Police identified a small quantity of marijuana and a pill bottle containing both adderall and hydrocodone. Based on the drugs located during the search, the Defendant was charged with possession of marijuana, adderall, and hydrocodone.
RESULTS: ALL CHARGES DISMISSED on 1/3/12 after the Client successfully completed the Adult Diversion Program

VIEW 2011 RI CRIMINAL DEFENSE VICTORIES
Call now to speak directly with a skilled
Rhode Island Criminal Defense Lawyer – (401) 228-8271

Rhode Island DUI Lawyer Matthew Marin defends those charged with DUI (Drunk Driving, DWI, OUI, DUI Drugs) and Refusal to Submit to a Chemical Test (Breathalyzer Refusal) throughout Rhode Island, including the following cities and towns: Barrington, Bristol, Burrillville, Coventry, Cranston, East Providence,Glocester, Jamestown, Johnston, Middletown, Narragansett, Newport, North Kingstown, North Providence, North Smithfield, Pawtucket, Portsmouth, Providence, Smithfield, South Kingstown, Warren,Warwick, Westerly, West Warwick, Woonsocket. If you have been arrested in Rhode Island for DUI (Drunk Driving), call immediately to speak with a RI DUI Lawyer and schedule a free initial consultation and case evaluation with an experienced Rhode Island DUI Lawyer. RI DUI Lawyer Marin is available 24/7 at (401) 228-8271.

Attorney Marin Named A Super Lawyers Rising Star Three Consecutive Years 2014-2016

Attorney Matthew Marin was named a Rhode Island Rising Star by Super Lawyers for 3 consecutive years from 2014 thru 2016. Each year, no more than 2.5 percent of the lawyers in Rhode Island are selected by the Research Team at Super Lawyers to receive this honor. Super Lawyers selects lawyers who have attained a high degree of peer recognition and professional achievement in their practice area.


Rhode Island Member of the National College for DUI Defense

Attorney Marin is a Rhode Island General Member of the National College for DUI Defense. Members represent some of the most experienced and cutting edge DUI defense attorney's throughout the Country. Nationwide, DUI laws are extremely complex and constantly changing and the College facilitates the exchange of innovative defenses throughout the Country.

NCDD National College for DUI Defense: Matthew Marin