Sunday, April 13, 2014

Can I Expunge My Felony Charge in Rhode Island?

A question that is frequently asked by potential clients is whether they can expunge a prior felony offense.  While the question may seem straightforward, such a determination can be difficult.  First, your felony charge must be adjudicated.  Pending criminal charges, whether they be felony or misdemeanor, cannot be expunged.  For a free, confidential evaluation of your Rhode Island Criminal Record please call RI Expungement Attorney Matthew Marin at 401-228-8271 or email us at mm@matthewtmarin.com.

As a general statement, felony criminal charges that have been completely dismissed (sometimes referred to as "No Information" or "No Information Signed" or "No Information Filed") can be expunged from your criminal record immediately upon their dismissal.  However, if you have been "convicted" of another felony offense you cannot have any records expunged, including a dismissed felony offense.  If you have had a felony charge dismissed, it is definitely in your best interests to speak with a skilled Rhode Island Expungement Lawyer.  At the Law Offices of Matthew T. Marin, Esquire, Inc., we can give you a quick, no-nonsense evaluation regarding your eligibility to have your dismissed felony charge expunged.

If your felony charge was resolved via a negotiated plea or a trial and you were sentenced, the general rule is that you must wait 10 years from the date that your sentence was completed.  So, if you were sentenced to five years of probation you would need to wait an additional 10 years after your probation ended prior to being eligible to have the case expunged.  But, in the case of a felony upon which you received a sentence, you will not be eligible to have the case expunged if you have any other criminal convictions, misdemeanor or felony.  This can become a complex analysis and it is always in your best interest to seek an evaluation from an experienced RI Expungement Lawyer.

Our offices are conveniently located in downtown Providence and downtown Newport.  Contact our expungement lawyers 24 hours a day, 7 days a week.  We can provide you with a no-nonsense, free and confidential consultation regarding your eligibility to have your records expunged or sealed.  For more information on Rhode Island Expungement Laws, please visit the links below:


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PHONE: 401-228-8271 

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Saturday, April 12, 2014

Assault Charges Dismissed in the Rhode Island District Court

We are pleased to report that yesterday morning charges of misdemeanor simple assault and battery pending against a Client were DISMISSED in the Rhode Island District Court.  The Client had been facing a misdemeanor charge of simple assault and battery for allegedly assaulting two women.  According to witness statements provided by both "victims" in the case, our Client (the African American male seated in the video) became verbally aggressive and abusive towards them, got up and physically attacked the two women.  They alleged that, without provocation, the Client hit them in the face and knocked them over.

However, the Defense was able to obtain surveillance video of the incident which conclusively exhibited that the Client was the victim and had been acting in self-defense.  With the acquisition of the surveillance video we were able to prove that the statements were not only incredible, but patently false, ultimately resulting in the dismissal of all criminal charges brought against our Client.

If you need assistance or are facing Rhode Island criminal charges, contact the Law Offices of Matthew T. Marin, Esquire, Inc. today for experienced and aggressive legal representation.  We work diligently on all of our cases to produce the best possible results under the circumstances.  We are always willing to provide a free, confidential consultation to discuss your criminal case and how Attorney Matthew Marin can assist you.  Contact us 24 hours a day, 7 days a week at 401-228-8271 or via email at mm@matthewtmarin.com.

To read more about our firm, visit these links:
RHODE ISLAND CRIMINAL DEFENSE ATTORNEY 
PHONE: 401-228-8271 

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Thursday, April 10, 2014

DUI Charges Dismissed in Rhode Island District Court

Rhode Island DUI charges pending against a Client were dismissed today in the Fourth Division District Court in Wakefield, Rhode Island.  The charge, DUI with blood alcohol content between 0.10 and 0.15, was completely dismissed after the Defense successfully argued that the breath test was improperly administered.  Utilizing video footage obtained from the police department of the events that took place at the police station prior to the administration of the Intoxilyzer 5000, the Defense was able to show that the arresting officer failed to comply with the Department of Health Rules and Regulations pertaining to the administration of the Intoxilyzer 5000 chemical breath test.  As a result, the State determined that they had insufficient evidence with which to proceed against the Client and dismissed the Rhode Island DUI charge outright.

At the Law Offices of Matthew T. Marin, Esquire, Inc., we have successfully argued in prior cases that the Intoxilyzer 5000 was improperly administered.  Proper administration of a chemical breath test, like most defenses in Rhode Island DUI cases, require specialized knowledge and experience to recognize.  Attorney Marin has handled a multitude of Rhode Island DUI cases, and we have probably seen a DUI case just like yours.  Our specialized knowledge and experience can be put to work for you to get you the absolute best result possible, and to potentially defeat your Rhode Island DUI case.

If you are facing a Drunk Driving Charge in Rhode Island, contact Attorney Matthew Marin today for a free, confidential consultation.  Attorney Marin is an experienced, aggressive, and skilled Rhode Island DUI Defense Attorney who knows Rhode Island DUI Law and the defenses that may be available to you in your case.  As a General Member of the National College for DUI Defense, Attorney Marin keeps constantly apprised all of the latest DUI related defenses that he can put to work for you.  Contact us 24/7 at 401-228-8271, visit our website at http://www.matthewtmarin.com, or email us at mm@matthewtmarin.com.

RHODE ISLAND CRIMINAL DEFENSE ATTORNEY 
PHONE: 401-228-8271 

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Friday, March 28, 2014

DUI Charges Lowered to Reckless Driving in the Kent County District Court

Earlier this week, a Client facing a Rhode Island DUI charge with BAC Over 0.15 had his charge reduced on the day of trial.  The First Offense DUI charge was reduced to Reckless Driving.  Instead of facing the mandatory penalties required by Rhode Island's DUI laws (including a 3 to 12 month loss of license and thousands of dollars in fines and a mandatory criminal conviction), the Client was sentenced to a Filing (stay out of trouble for one year, not a criminal conviction), no loss of license and thirty hours of community service.

The case involved a motorist who was passed out behind the wheel on a local street.  The Police observed him to be severely intoxicated, noting bloodshot, watery eyes and slurred speech.  They also observed a strong odor of alcohol emanating from the Client while he performed, and failed, the field sobriety tests.  Back at the police station, the Client submitted to a breathalyzer which rendered readings over 0.15, more than two times the legal limit.

Attorney Matthew Marin was able to successfully argue in pre-trial negotiations that the State would be unable to prove, beyond a reasonable doubt, that the Client operated a motor vehicle while under the influence of alcohol in violation of Rhode Island's DUI statute.  Relying on Rhode Island Supreme Court case law, including State v. Capuano and State v. Lusi, the State agreed to reduce the charges on the day of trial and offered a disposition that included no loss of drivers license and would not result in a criminal conviction.

If you are facing a First Offense Drunk Driving Charge in Rhode Island, contact Attorney Matthew Marin today for a free, confidential consultation.  Attorney Marin is an experienced, aggressive, and skilled Rhode Island DUI Defense Attorney who knows Rhode Island DUI Law and the defenses that may be available to you in your case.  As a General Member of the National College for DUI Defense, Attorney Marin is constantly apprised all of the latest DUI related defenses that he can put to work for you.  Contact us 24/7 at 401-228-8271, visit our website at http://www.matthewtmarin.com, or email us at mm@matthewtmarin.com.

RHODE ISLAND CRIMINAL DEFENSE ATTORNEY 
PHONE: 401-228-8271 

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Monday, March 17, 2014

Twelve Individuals Charged with DUI by the RI State Police over the St. Patrick's Day Weekend

Over the St. Patrick's Day Holiday weekend, the Rhode Island State Police arrested and charged twelve individuals with Driving Under the Influence (RI DUI First Offense).  Those arrests spanned the State, from Richmond to Providence.  However, the vast majority of the arrests were made in Newport County near the timing of the Saturday St. Patrick's Day Parade. 

Of the twelve arrests, all were charged with a Rhode Island first offense DUI, meaning that none of the drivers involved had been convicted of a DUI charge, in Rhode Island or elsewhere, within the preceding five years.  A first offense DUI conviction in Rhode Island can carry severe consequences including significant loss of your drivers license, possible incarceration, drunk driving school, substance abuse treatment, and hefty fines and costs.  Your best defense to a first offense DUI charge in Rhode Island is to be represented by an experienced, knowledgeable, and skilled Rhode Island DUI Defense AttorneyAttorney Matthew Marin has the experience and skill you need to fight your first offense DUI charge.

In five cases, the individuals arrested by the Rhode Island State Police refused to submit to a chemical testRefusal to submit to a chemical test is a separate violation and charged in addition to being charged with a first offense DUI.   A charge of refusal to submit to a chemical test is a traffic violation, not a criminal offense.  However, a chemical test refusal charge carries consequences that are, in some cases, significantly more severe than a first offense DUI charge.  First, if you refuse to submit to a chemical test in Rhode Island your drivers license will (typically) be preliminarily suspended.  This means that the Court will suspend your drivers license at the beginning of the case, before you have been found guilty of any wrongdoing.  Second, a chemical test refusal charge carries with it a mandatory minimum license suspension of six months if you are convicted, and the suspension for a first offense can be as long as one year.  This six month mandatory minimum is double the three month mandatory minimum which is available to those charged with a first offense DUI in Rhode Island.

Give us a call 24/7 to discuss your Rhode Island First Offense DUI Charge or Refusal to Submit to a Chemical Test Charge today.  At the Law Offices of Matthew T. Marin, Esquire, Inc. we offer a preliminary confidential, no fee consultation where we can sit and discuss your case, outline a defense strategy to put you in the best possible position, and offer you a reasonable price for our services.  We are also available by email at mm@matthewtmarin.com or you can fill out the Contact Form on our Website located at http://www.matthewtmarin.com/rhode_island_dui_defense_lawyer.html.

RHODE ISLAND CRIMINAL DEFENSE ATTORNEY 
PHONE: 401-228-8271 

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