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Rhode Island Legal Information
Aggressive and Skilled Rhode Island Criminal Defense Lawyers
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RHODE ISLAND MARIJUANA DEFENSE LAWYER
ATTORNEY MATTHEW MARIN
ATTORNEY MATTHEW MARIN
My name is Matt Marin. My law firm, the Law Offices of Matthew T. Marin, Esq., Inc. is a Rhode Island Criminal Defense Law Firm dedicated to defending and protecting the rights of Rhode Island residents who have been charged with drug crimes including simple possession of marijuana, possession of marijuana with intent to distribute, and delivery of marijuana. Possession of Marijuana (first offense) is a misdemeanor criminal charge in Rhode Island. It is punishable by up to one year in prison, and/or between a $200-500 fine. Yet, just a few miles away in Massachusetts, possession of up to one ounce of marijuana is strictly a civil infraction; the consequence of which is a $100 fine.
Unfortunately, young men and women from Massachusetts are being charged with possession of marijuana if they are caught with it in Rhode Island. It seems unfair, given how frequently Massachusetts and Rhode Island citizens go back and forth between the two states, that a person should either be given the equivalent of a traffic ticket or face potential jail time depending upon which side of the border they are on. It also seems unfair that Rhode Island citizens have to leave the State to smoke marijuana without fear of obtaining a criminal record.
- Click HERE to View My Rhode Island Criminal Defense Blog I take my job as defense attorney very seriously, and work relentlessly to achieve the very best result for my clients in and out of court. I strongly believe that a well-planned defense strategy and the assistance of an experienced and skillful Rhode Island criminal defense attorney can make all the difference between a criminal conviction - and a verdict of “not guilty.”
Rhode Island Marijuana Defense Lawyer – (401) 228-8271
CRIMINAL CHARGES:
(1) POSSESSION OF MARIJUANA (FIRST OFFENSE) AND (2) DRIVING WHILE IN POSSESSION OF CONTROLLED SUBSTANCE
POLICE REPORT: Police observed Client back up in a travel lane of the roadway and subsequently pulled the Client over. As client reached for the vehicle’s registration, a marijuana grinder was seen in the Client’s glove compartment. Police Officer then asked if there was anything illegal in the vehicle and the Client admitted that he had a small bag of marijuana in his front pocket which was subsequently turned over to the Officer. The substance was field-tested and returned a positive result for marijuana in the amount of 5.7 grams. Client was then charged criminally with possession of marijuana (first offense) and driving while in possession of a controlled substance.
RESULTS: (1) DISMISSED AND (2) DISMISSED
CRIMINAL CHARGES:
POSSESSION OF MARIJUANA (FIRST OFFENSE)
POLICE REPORT: Client is pulled over and arrested for Driving Under the Influence of Alcohol. Once the Client is transported to the Police Station, the remaining officers on scene search the vehicle and locate a bag of suspected marijuana. The suspected marijuana field tests positive for marijuana and the Client is charged with possession of marijuana (first offense).
RESULT: DISMISSED
CRIMINAL CHARGES:
POSSESSION OF MARIJUANA (FIRST OFFENSE)
POLICE REPORT: Client’s dorm room is searched by a Providence College RA who locates suspected marijuana. The suspected marijuana is turned over to the Police who then charge the Client with possession of marijuana – first offense. Client then admits to the police department that the marijuana is in-fact his.
RESULT: DISMISSED
Attorney Matthew Marin has been successful in helping prosecutors understand the unfair nature of the situation. Oftentimes, the Rhode Island Prosecutors are willing to work with those charged with their first offense possession of marijuana to prevent jail time. Yet, with a skilled marijuana defense lawyer working for you, it is possible to achieve dismissal of the charges altogether. To learn more about Rhode Island Marijuana and Drug Charges read our Rhode Island Criminal Defense Blog.
Depending upon the facts and circumstances of the individual case, a skilled Rhode Island Marijuana Defense lawyer can identify legal and factual defenses in the State’s case which can be used to negotiate and possibly convince the State to dismiss the charges. Some of the legal areas in which many defenses arise in marijuana cases include:
Automobile Search and Seizure Law
The Constitutionality of automobile search and seizure law under the United States Constitution was drastically changed in 2009 due to the United States Supreme Court’s decision rendered in Arizona v. Gant. Many in law enforcement personnel as well as lawyers who rarely practice in Rhode Island’s criminal courts remain unaware of the broad and sweeping protections that this decision provides those in automobiles.
Search Warrant Issuance and Execution
The issuance and execution of a search warrant may appear to be a daunting battle. However, there are many legal avenues whereby experienced defense lawyers can attack search warrants. The search warrant must be issued under the strict confines of Rhode Island Statutory and United States Constitutional Law. Second, the police must execute the search warrant in strictly in accordance to its terms.
Medical Marijuana Law and Defenses
Given the recent changes in the societal view of marijuana and its use for medicinal purposes, those with Licenses for Medical Marijuana and those that self-medicate for due to legitimate and serious medical problems can and should be treated differently. The Court’s are beginning to recognize that some individuals can be positively benefited by the medicinal use of marijuana and a skilled Rhode Island Marijuana lawyer can effectively advocate those reasons.
Illegal Pat Down / Frisk Searches
Oftentimes, police believe that they can search any person at any time for any reason. Oftentimes, because the police act so confident individuals mistakenly believe that the police have the authority to conduct the searches they initiate. Just because you have been found to have illegal drugs on your person does not mean that the evidence is admissible. If the illegal narcotics are not admissible, then they cannot be used against you in court and you cannot be convicted. Experienced criminal defense lawyers know the inside and outs of pat down and Terry-frisk searches and whether the police have overstepped their boundaries.
- Click HERE to For Information About the Rhode Island Courts
- Click HERE to Email Attorney Matthew Marin
- Click HERE to View My Attorney Bio
Rhode Island Marijuana Defense Lawyer – (401) 228-8271
Penalties for Rhode Island Marijuana Charges
A first offense possession of marijuana charge in Rhode Island is a misdemeanor. A conviction could lead to a permanent criminal record, hundreds of dollars in fines, hours of community service, and up to one year of probation.
A record of criminal conviction could result in loss of job or limits in future employment opportunities. It could keep you from opening a credit account, securing a mortgage and even renting a car.
It is important to fight the charges filed against you and try to keep your record clean.
Possession of Less than 1 kilogram of Marijuana Penalties
Less than 1 kilogram of marijuana is a misdemeanor charge and is punishable by up to one year in jail and a fine of $200 - $500. If you receive a sentence of probation with no imprisonment, you will be required to undergo a substance abuse evaluation, attend a drug education course and perform up to 100 hours of community service.
Possession 1 kilogram to 5 kilograms of Marijuana Penalties
Between 1 kilogram and 5 kilograms of marijuana is a felony charge and carries with it a mandatory minimum sentence of ten years (10) in prison with a maximum of 50 years and a fine of $10,000 - $50,000.
Driving in Possession of Marijuana Penalties
If the offense involves the use of any automobile to transport the substance or the substance is found within an automobile, then a person convicted or who pleads nolo contendere under paragraphs (2)(i) and (ii) of this subsection shall be subject to a loss of license for a period of six (6) months for a first offense and one year for each offense after this.
Comparison of Rhode Island and Massachusetts Marijuana Penalties
Rhode Island General Law: Section 21-28-4.01(c)(2)(ii)
A controlled substance classified in schedule I as marijuana is guilty of a misdemeanor and upon conviction may be imprisoned for not more than one year or fined not less than two hundred dollars ($200) nor more than five hundred dollars ($500), or both.
Massachusetts General Laws: Chapter 94C, Section 32L
Notwithstanding any general or special law to the contrary, possession of one ounce or less of marihuana shall only be a civil offense, subjecting an offender who is eighteen years of age or older to a civil penalty of one hundred dollars and forfeiture of the marihuana, but not to any other form of criminal or civil punishment or disqualification.
Call now to speak directly with a skilled
Rhode Island Marijuana Defense Lawyer – (401) 228-8271
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. Also, the Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.
Rhode Island Marijuana Defense Lawyer – (401) 228-8271
