Saturday, June 14, 2014

Rhode Island School Bus Monitor Facing Child Pornography Charges

Last week the Rhode Island State Police executed a search warrant on the home of a Rhode Island School Bus monitor in Glocester, Rhode Island and charged the man with possession and transfer of child pornography.  The warrant was the result of an investigation initiated by the National Center for Missing and Exploited Children which indicated that the computer at the residence was transferring prohibited child pornography by email.  The School Bus Monitor now faces child pornography charges which subjects him to up to 15 years in jail and up to a $5,000 fine, in addition to sex offender registration.

Rhode Island Child Pornography Charges

As law enforcement's ability to detect child pornography becomes more effective, the Rhode Island State Police have significantly increased the number of arrests and prosecutions for possession and transfer of child pornography in Rhode Island.  Oftentimes, these cases are based upon computer "meta data" or "indications" that the computer "may have" at one time contained a file which included child pornography.  Even being charged with possession or transfer of child pornography can be a devastating allegation.  Given the severe penalties, including up to 15 years in jail and sex offender registration, you need to hire an experienced, aggressive, and dedicated child pornography defense attorney to assist you in the defense of these charges.

The Law Offices of Matthew T. Marin, Esquire, Inc.

If you or a loved one has been charged with any criminal offense in Rhode Island, you need to immediately call Attorney Matthew Marin for skilled and aggressive criminal defense representation.  We will begin working immediately to ensure that your rights are protected and that you can put the best defense possible forward.  Attorney Marin is available 24/7 to discuss your case and to schedule a no fee, confidential consultation at one of our convenient office locations.  Contact us today by phone at 401-228-8271 or email at mm@matthewtmarin.com, or fill out the contact form on our Website.  If you need help with a crime involving drugs or domestic violence or a car accident, visit our drug defense website, our domestic violence website, our car accident website.

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PHONE: 401-228-8271 

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Monday, June 2, 2014

MA Man to Plead Guilty to Federal Hacking Charges

In local legal news, the U.S. Attorney's Office in Massachusetts has announced that a New Bedford man has agreed to plead guilty two charges of computer intrusion and one count of access device fraud.  This is a story which, at first blush, the prosecution does not seem to fit the crime.  The headline of the article states that the Man who Hacked Bristol County Community College to Change his grades is to plead guilty to federal hacking charges.  It appears to be a minor case for the U.S. Attorney to be concerned with bringing federal hacking charges.  However, as you dig deeper into the story you will see that not only did the Defendant change his grades, but he also hacked the email of a local police chief and stole credit card data from more than 14,000 account holders.  Certainly, hacking into a computer system to steal the account information of 14,000 users will catch the eye of the local U.S. Attorney.

Federal Hacking Charges on the Rise

It seems as though the U.S. Attorney's Office and the FBI are becoming more sophisticated and interested in investigating and prosecuting cases of electronic intrusion and hacking.  In addition to the story above, there have been other stories and I have received a few calls from individuals seeking assistance with either hacking related charges or hacking related investigations within the Rhode Island area.  These cases require a high degree of sophisticated technology and knowledge and therefore are typically only brought by the federal agencies.

Defense for Hacking Charges in the Rhode Island Federal District Court

If you have been charged or are being investigated for hacking related charges in the Rhode Island area, contact the Law Offices of Matthew T. Marin, Esquire, Inc. for aggressive defense of federal criminal charges.  With our knowledge and experience, we can put you in the best position to defend yourself and protect your rights from any federal prosecution or investigation.  Whatever you do, always speak with an attorney before speaking with the authorities or providing them with information.  If you do provide information to the authorities, you run the risk of either (1) incriminating yourself and providing the authorities with information to use in your prosecution or (2) getting yourself charged with federal obstruction charges (the same charges that sent Martha Stewart to federal prison).  Be careful.  Always talk to an attorney before speaking with investigators.

The Law Offices of Matthew T. Marin, Esquire, Inc.

If you or a loved one has been charged with any criminal offense in Rhode Island, you need to immediately call Attorney Matthew Marin for skilled and aggressive criminal defense representation.  We will begin working immediately to ensure that your rights are protected and that you can put the best defense possible forward.  Attorney Marin is available 24/7 to discuss your case and to schedule a no fee, confidential consultation at one of our convenient office locations.  Contact us today by phone at 401-228-8271 or email at mm@matthewtmarin.com, or fill out the contact form on our Website.  If you need help with a crime involving drugs or domestic violence or a car accident, visit our drug defense website, our domestic violence website, our car accident website.

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

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Tuesday, May 27, 2014

Hopkinton Man Charged With Second Offense DUI and Chemical Test Refusal

Over Memorial Day weekend, a Hopkinton man was charged with second offense DUI and refusal to submit to a chemical test after he was pulled over in the parking lot of a local liquor store.  According to bystanders who flagged down the police, the driver was operating the wrong way on Route 138 and the driver sideswiped another vehicle and failed to stop after the accident.  He was also charged with leaving the scene of an accident resulting in damage to property.  The man was arraigned at the police station and held on $50,000 surety bail.  To read more about this story, visit the Providence Journal website HERE.

SECOND OFFENSE DUI CHARGES IN RI

In Rhode Island, a second offense DUI charge is an extremely serious offense which carries a mandatory jail sentence if convicted.  There are a few conditions that must be met to ensure that a second offense DUI charge is properly brought by the charging police department.  Surprisingly, the police departments can frequently charge the wrong offenses.  

First, to be charged with a second offense DUI in Rhode Island, you need to have previously been convicted of a criminal DUI charge.  This does not including chemical test refusal convictions and it does not include reckless driving convictions, you must have been convicted of a criminal DUI charge.

Second, the DUI conviction has to be within the past 5 years.  This means that if your DUI conviction was more than 5 years ago, the police cannot charge you with a second offense DUI.  However, this prior offense will still be used against you as a factor in sentencing, if you are convicted.

SECOND OFFENSE DUI PENALTIES IN RI

As indicated above, a second offense DUI charge in Rhode Island carries a mandatory jail sentence.  If the second offense DUI is a case with blood alcohol content readings between 0.08 and 0.15 or with no readings (BAC Unknown - refusal cases), the mandatory minimum sentence is 10 days in jail.  If the second offense DUI is a case with blood alcohol readings over 0.15, the mandatory minimum sentence is 6 months in jail.  However, these are mandatory MINIMUM sentences, and prosecutors often seek much longer jail sentences in these cases.

The Law Offices of Matthew T. Marin, Esquire, Inc.

If you or a loved one has been charged with driving under the influence of alcohol or drugs or any other criminal offense in Rhode Island, you need to immediately call Attorney Matthew Marin for skilled and aggressive criminal defense representation.  We will begin working immediately to ensure that your rights are protected and that you can put the best defense possible forward.  Attorney Marin is available 24/7 to discuss your case and to schedule a no fee, confidential consultation at one of our convenient office locations.  Contact us today by phone at 401-228-8271 or email at mm@matthewtmarin.com, or fill out the contact form on our Website.  If you need help with a crime involving drugs or domestic violence or a car accident, visit our drug defense website, our domestic violence website, our car accident website.

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

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Monday, May 26, 2014

Were You Charged With A Rhode Island DUI Over Memorial Day Weekend?

If you were charged with a DUI in Rhode Island over the long Memorial Day weekend you have come to the right place for assistance.  We have assisted literally hundreds of people in exactly the same position you now find yourself, so let us help you.  In this post you will find some basic information that will help to preserve your rights and give your defense attorney the best chance to beat your case.  Read further, and then contact Attorney Matthew Marin at 401-228-8271 / marin.matthew@gmail.com to set up a no-fee confidential consultation.

KEEP ALL OF YOUR PAPERWORK

The first thing that you should do is create a file or a large envelope that you will keep all of the paperwork related to your case in one location.  Some of this paperwork is critical to your case.  It is vitally important that you keep every document that was given or mailed to you.  This includes keeping the envelopes that mail was given or received in as it may contain critical information about when certain documents were mailed, which may become important later.  Once you sit down and speak with a skilled Rhode Island DUI Attorney, they will be able to quickly sift through the paperwork and let you know what parts are important and what parts are not. 

DO NOT MAIL IN PAYMENTS FOR YOUR TRAFFIC VIOLATIONS

Many people, prior to meeting with an attorney, will mail in payment for minor traffic violations.  DO NOT DO THIS.  Payment of a traffic violation is an admission of guilt that can be used against you in your Rhode Island DUI case.  Even minor motor vehicle infractions, as minor an improper inspection sticker, can be used to form the basis of the police officer's reasonable suspicion to stop your vehicle.  Paying the $85 fine by mail constitutes an admission that the prosecutor in your Rhode Island DUI case can use against you.

SCHEDULE A CONSULTATION WITH AN ATTORNEY PROMPTLY

Whatever you do, seek the representation of an experienced Rhode Island DUI Attorney to assist you right away.  Unfortunately, I have met with many clients who waited literally weeks after their arrest to seek advice and representation on a DUI charge.  Many people think that because their court date is a few weeks or a month away, that there is no urgency to speak with and hire a defense attorney.  They may sometimes be right.  But, all too frequently I meet with clients who have waited weeks to seek assistance and in that intervening period critical evidence has been lost or destroyed that we could have been able to produce at trial if not for the delay.  Most importantly, oftentimes police surveillance video is kept for a very limited period of time after which it is destroyed and unavailable for your defense.

The Law Offices of Matthew T. Marin, Esquire, Inc.

If you or a loved one has been charged with driving under the influence of alcohol or drugs or any other criminal offense in Rhode Island, you need to immediately call Attorney Matthew Marin for skilled and aggressive criminal defense representation.  We will begin working immediately to ensure that your rights are protected and that you can put the best defense possible forward.  Attorney Marin is available 24/7 to discuss your case and to schedule a no fee, confidential consultation at one of our convenient office locations.  Contact us today by phone at 401-228-8271 or email at mm@matthewtmarin.com, or fill out the contact form on our Website.  If you need help with a crime involving drugs or domestic violence or a car accident, visit our drug defense website, our domestic violence website, our car accident website.

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

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Thursday, May 22, 2014

Should Domestic Violence Victim's Be Prosecuted for DUI to Escape A Violent Situation?

In a recent decision rendered by the Minnesota Supreme Court, the Court ruled in a 4-3 decision that victims of domestic violence are not immune from prosecution for driving under the influence while escaping a violent situation.  The Chief Judge, writing for the majority, wrote:

The Domestic Violence victim "contends that she was in fear for her life and that she made the only choice she could, given her husband’s violent behavior. But it is also true that when she made that choice, and drove with an alcohol concentration that was more than twice the legal limit, Axelberg created a substantial risk to public safety."

The Rhode Island Supreme Court has not addressed this issue, however I find the logic and rational put forward by the dissent in this case much more persuasive.  The dissent wrote that it is "bad public policy to force victims of domestic abuse to choose between license revocation and personal safety," with which I completely agree.

A scenario that happens more than you might think

In my experience as a Rhode Island criminal defense lawyer, I have run into this situation a number of times and this is a scenario that happens more than you might think.  Oftentimes, this comes from other motorists reporting either erratic driving or a domestic situation in progress.  While the Minnesota Supreme Court clearly took the position, although in a 4-3 decision, that victims of domestic violence should not drive under the influence even if they are attempting to flee a violent situation.  Obviously, the key aspect of these cases is to ensure that the victim of domestic violence needs to escape the violent situation.  While it may not be that an individual is immune from prosecution for driving under the influence, there may be a defense available.

The Defense of Necessity Should Be Used in These Cases

The defense of necessity is a common law defense of justification.  Similar to self-defense in that it does not change the fact that the defendant committed a criminal act, it justifies the action and should result in a not guilty verdict.  The typical law school example is an individual who sees a tornado coming and breaks into a home to get into the basement and avoid the wrath of the tornado.  The act of breaking and entering the home is surely a criminal offense, but the defense of necessity justifies the action and should result in a not guilty verdict.  In the situation involving domestic violence, the victim should be able to put forth a necessity defense.  However, to put forward such a defense they will need to prove a few important facts: (1) that they were truly in danger of imminent harm, (2) that they did not drive more than necessary to escape the danger, and (3) that they had no other option to escape the danger.  If they can prove these facts, they should be able to successfully put forth a defense of necessity and the result should be one of not guilty.

The Law Offices of Matthew T. Marin, Esquire, Inc.

If you or a loved one has been charged with driving under the influence of alcohol or drugs or any other criminal offense in Rhode Island, you need to immediately call Attorney Matthew Marin for skilled and aggressive criminal defense representation.  We will begin working immediately to ensure that your rights are protected and that you can put the best defense possible forward.  Attorney Marin is available 24/7 to discuss your case and to schedule a no fee, confidential consultation at one of our convenient office locations.  Contact us today by phone at 401-228-8271 or email at mm@matthewtmarin.com, or fill out the contact form on our Website.  If you need help with a crime involving drugs or domestic violence or a car accident, visit our drug defense website, our domestic violence website, our car accident website.

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

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Tuesday, May 20, 2014

The Law Offices of Matthew T. Marin, Esquire, Inc. Accreditted by the Better Business Bureau

Earlier this month of May 2014, the Law Offices of Matthew T. Marin, Esquire, Inc. was officially accredited by the Better Business Bureau and issued an A rating.  We are very proud of this recent accreditation and our A rating.  You can visit our listing on the BBB website by following this link.  Two important factors in the determination of our A rating was our complete business information and our lack of complaints with the BBB.

The Law Offices of Matthew T. Marin, Esquire, Inc. BBB Business Review

Factors for BBB Accreditation

Better Business Bureau grades are based upon 7 factors.  Those factors are:
  1. Complaint History with the BBB
  2. Type of Business
  3. Time in Business
  4. Background Information on Business
  5. Failure to Honor Commitments to the BBB
  6. Licensing and Government Actions known by BBB
  7. Advertising Issues known to BBB
The Law Offices of Matthew T. Marin, Esquire, Inc.

If you or a loved one has been charged with driving under the influence of alcohol or drugs or any other criminal offense in Rhode Island, you need to immediately call Attorney Matthew Marin for skilled and aggressive criminal defense representation.  We will begin working immediately to ensure that your rights are protected and that you can put the best defense possible forward.  Attorney Marin is available 24/7 to discuss your case and to schedule a no fee, confidential consultation at one of our convenient office locations.  Contact us today by phone at 401-228-8271 or email at mm@matthewtmarin.com, or fill out the contact form on our Website.  If you need help with a crime involving drugs or domestic violence or a car accident, visit our drug defense website, our domestic violence website, our car accident website.

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

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Monday, May 19, 2014

How to Check on the Status of Your Rhode Island Criminal Case

Many Rhode Island residents are surprised to learn that they can check on the status of their Rhode Island Criminal Case online.  The Rhode Island Judiciary maintains a "criminal information database" which can be found below:


To use the criminal information search, click on the top link "search by defendant name / business name".  After accepting the terms of the disclaimer, you need to enter into the search form the Defendant's last name and first name.  When entering this information, be sure to enter the information correctly and spell the names correctly.  You will also need to enter your name the way it was when you were arrested by the police.

Why is my case not in the criminal information database?

If you were recently arrested, your criminal case may not yet been have entered into the Rhode Island Criminal Information database.

If your case is one involving only traffic violations, then your case will not be found in the Criminal Information database.  Regular traffic tickets are not put on the database.

One other reason why your information may not be in the database is that it has been expunged or sealed.  If your case has been successfully sealed or expunged, or if you were placed on a Filing that was completed, it will be removed from the Criminal Information database.

Why is my Attorney not listed on my case?

The Criminal Information database is very useful for certain key pieces of information relative to your case.  It is typically extremely up to date when it comes to your next court date and the courtroom for that court date.  However, other pieces of information are often not updated or inaccurate.  The Clerk's Office updates all information on every criminal case in Rhode Island.  In their limited schedule, they simply do not have the time and resources to update every change on your case so frequently the attorney of record is simply not input into your case.  So, if you don't see your attorney's name listed on your criminal case do not worry, as it is likely just not entered into the database.

The Law Offices of Matthew T. Marin, Esquire, Inc.

If you or a loved one has been charged with driving under the influence of alcohol or drugs or any other criminal offense in Rhode Island, you need to immediately call Attorney Matthew Marin for skilled and aggressive criminal defense representation.  We will begin working immediately to ensure that your rights are protected and that you can put the best defense possible forward.  Attorney Marin is available 24/7 to discuss your case and to schedule a no fee, confidential consultation at one of our convenient office locations.  Contact us today by phone at 401-228-8271 or email at mm@matthewtmarin.com, or fill out the contact form on our Website.  If you need help with a crime involving drugs or domestic violence or a car accident, visit our drug defense website, our domestic violence website, our car accident website.

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

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