Rhode Island bans indoor prostitution in law update on Tuesday, November 3, 2009. If you have questions about this article or are interested in Criminal Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
New R.I. law banning indoor prostitution leads some spas to close
01:00 AM EST on Wednesday, November 4, 2009
By Lynn Arditi
Journal Staff Writer
Word that Rhode Island’s governor signed legislation Tuesday afternoon to outlaw indoor prostitution traveled quickly through the state’s community of sex workers, leaving many of the women who work at Asian “spas” on edge and their employers angry and without customers.
Neon signs outside some spas went dark; employees at others said they were open, but many of the women, fearing a police crackdown, had refused to come to work.
At the Central Health spa, in Providence, the “open” sign was gone and the doors were locked.
“People were banging at the door,” said Josh Haywood Jr., a 23-year-old mechanic who works at the garage next door. “They never opened today.”
Sex-workers in Rhode Island have been able to operate for years legally out of brothels, strip clubs or their homes because of a nearly 30-year-old loophole in the state’s prostitution law. But that changed on Tuesday when Governor Carcieri signed legislation to make prostitution a crime, even if it occurs behind closed doors.
“For almost 30 years, Rhode Island has had the terrible distinction of being the only state outside certain counties in Nevada where indoor prostitution is not considered a crime,” Carcieri said.
The governor declared that prostitution “erodes the moral fiber of our state,” and commended supporters for their hard work in getting the legislation passed during a special session of the General Assembly last week.
The legislation — sponsored by Rep. Joanne M. Giannini, D-Providence, and Sen. Paul V. Jabour, D-Providence — the governor said, will help protect the state’s most vulnerable residents and enhance the quality of life in Rhode Island.
The new law “sends a distinct message to any group [that] thinks they could use Rhode Island in furtherance of their illicit business,” state police Col. Brendan P. Doherty said at the signing ceremony. “The bottom line is commercial sex is now clearly illegal” in Rhode Island.
Attorney General Patrick C. Lynch said that the new law will “end a blemish” on the state and give law enforcement officers the tools they need to investigate and prosecute prostitution and related criminal activity.
“Does this mean prostitution will be eliminated in Rhode Island forever?” Giannini asked. “Of course not. But it means Rhode Island will no longer be a safe haven for pimping and trafficking, and the victimization of young women.”
The law makes indoor prostitution a misdemeanor crime punishable, for first offenders, by up to six months in prison and a fine of up to $1,000, or both. However, the law empowers judges to erase the criminal convictions of first offenders.
Customers or “johns” face the same penalties as prostitutes, but without the possibility of getting their criminal records expunged.
Warwick police Col. Stephen M. McCartney, of the Rhode Island Police Chief’s Association, said after the signing that talk about police enforcement of the new law was being “overblown.”
People are talking, he said, as if “we’re all of a sudden going to descend, en masse” into suspected brothels.
“We’re looking for the people behind the enterprises,” he said, “more than trying to go after the women.”
Providence police Lt Michael “Mike” E. Correia, who heads the narcotics and organized crime bureau, said in a telephone interview Tuesday that “prostitution isn’t the number-one priority at the police department,” which focuses its efforts on violent crimes. However, he added, the department would certainly act quickly “if we have any evidence that there’s human trafficking going on.”
At the North Main Street Spa, in Providence, a man at the front office said that word of the governor’s action had scared the women working there.
“I usually have four or five girls working,” he said. “I have two workers … They refuse to come to work. They’re just nervous.”
Anxiety was etched into the faces of a group of Korean women who gathered for lunch Tuesday inside the Grand Slam Pizza & Grill in Pawtucket.
One woman, who asked that her name not be printed, drew circles on a napkin, each one representing a different city in Rhode Island.
Does the new law, she asked a reporter, apply only to Providence or Pawtucket? Or does it apply to all of them?
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If you have questions about this article or are interested in DUI or Criminal Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Thursday, November 5, 2009
Recent Law Update to Rhode Island Expungement Laws
Rhode Island Expungement Attorney Macktaz found imporant information for those seeking expungement of criminal records. If you have questions about this article or are interested in Expungement in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Without notice expungements almost expanded
11:14 AM EST on Wednesday, November 4, 2009
By Katherine Gregg
Journal State House Bureau
PROVIDENCE –– Amid the chaos of last week’s special legislative session, advocates of a bill that would automatically erase a whole new class of criminal records scored a short-lived victory at the State House.
With no debate on the merits, the House voted 57 to 9 on Thursday for a measure — vetoed by the governor a year ago — that would have required the state’s courts to “quash and destroy” the record of any crime for which an admitted criminal received a “deferred” sentence, regardless of the nature of the crime or criminal history of the offender, as long as he or she stayed out of trouble for five years.
In recent years, criminals receiving deferred sentences included accused stalkers, embezzlers, an accomplice to a gunpoint robbery in Waterplace Park, one of the coconspirators in the Lincoln bribery scandal and at least one child molester. Emerging almost 10 months after its only State House hearing in January, the bill appeared headed for easy passage by the Senate last Thursday. But then it hit an insurmountable snag and died.
Legislative leaders realized they had, in their haste, inadvertently passed a version that the state’s judges, through their lobbyist, had adamantly opposed last January. They renewed their objection after the seemingly dead bill was passed Wednesday by the House Judiciary Committee.
In the hours before the House convened Thursday for the last night of the two-day special session, court lobbyist R. Kelly Sheridan told key lawmakers the state’s judges have no position on the merits of extending the state’s existing expungement law to a new class of people, who may not currently be eligible. He said that is a “legislative call.”
But he said they objected strongly to the “automatic destruction” of any court record, in part, because the decision should be made by a judge after a hearing in which the attorney general has been given a chance to comment.
And, Sheridan said, there is a much larger issue: “Public bodies should not be destroying a record of an official act.”
“It would be akin to the General Assembly destroying evidence of some vote that was taken five years ago. It’s just not appropriate,” Sheridan said this week. The bill was sponsored by Rep. Joseph Almeida, a retired Providence police officer, who argues that a criminal record hampers people from getting jobs and, in some cases, housing.
Year after year, Almeida asks a version of this question he posed in an interview this week: “How long do we keep punishing somebody if many years have gone by and they have not done anything [else] wrong or illegal?”
Rhode Island already has what the governor, the attorney general and the state police describe as one of the most liberal expungement laws in the nation. It allows judges to permanently seal the records of a nonviolent offense by a first-time offender 5 years after the individual has completed his or her sentence for a misdemeanor, 10 years after for a felony.
It also specifically allows those whose records have been expunged to tell prospective employers that they have never been convicted of a crime. Last year, 4,418 criminal case records of first-time offenders were sealed.
Almeida’s bill went a step further in requiring the courts to automatically destroy any public record of any crime that resulted in a deferred sentence, as soon as the deferral period ended, without any waiting period or regard to the nature of the crime, or history of the offender.
Almeida’s bill would have extended the opportunity to an unknown number of people who are not currently eligible, and substantially reduced the waiting period for many of those who are.
A deferred sentence usually comes as a tradeoff for a no-contest or guilty plea that spares the state from having to go to trial. The underlying notion: stay out of trouble, stay out of jail. No specific sentence is initially imposed. Instead, it provides a window of time in which a sentence could be imposed if the offender commits another crime.
An earlier version was vetoed by Governor Carcieri in 2008 on grounds it would “permit expungement for a violent felony … [after] a period of time, that usually runs five years, and by so doing, make it impossible for employers — including the state itself — to do meaningful criminal background checks.”
The governor said the legislation would also allow “early expungement” of offenses that would normally disqualify someone from working with children in a child-care center, as a child-care provider in a private home, or as a foster or adoptive parent.
Rep. Donald Lally, a Narragansett Democrat who is chairman of the House Judiciary Committee, described what happened to the bill in last week’s session.
In the months since the House last met in June, he said Almeida “lobbied” House Speaker William J. Murphy and House Majority Leader Gordon D. Fox to resurrect his bill. They agreed and told Lally, as judiciary chairman, that they wanted his committee to vote on it. The bill cleared the committee 9-to-2 Wednesday.
The next day, Sheridan — who had last testified on the bill in January –– presented a letter spelling out the changes the judges wanted: replacement of the words “automatically quashed and destroyed,” with a description of the petition-and-hearing process that applies to current bids for an expungement.
Through a series of miscues, the bill that eventually reached the Senate didn’t have the changes the judge’s requested and there was no final vote.
“You know, last minute, and sometimes things falls through the cracks,” Lally said.
While disappointed his bill failed again this year, Almeida says he’ll “just bring it back again next year … [because] people need a second start in life … and it [is] an issue that we have been fighting for a very long time.”
And Murphy, through a spokesman, said he “is committed to continue to work on the bill toward passage next year.”The House vote Voting yes
Ajello, D-Providence
Almeida, D-Providence
Azzinaro, D-Westerly
Caprio, D-Narragansett
Carnevale, D-Providence
Carter, D-North Kingstown
Coderre, D-Pawtucket
Corvese, D-North Providence
Costantino, D-Providence
DeSimone, D-Providence
Diaz, D-Providence
Driver, D-Richmond
Edwards, D-Tiverton
Ehrhardt, R-North Kingstown
Fellela, D-Johnston
Ferri, D-Warwick
Fierro, D-Woonsocket
Fox, D-Providence
Gallison, D-Bristol
Gemma, D-Warwick
Guthrie, D-Coventry
Handy, D-Cranston
Hearn, D-Barrington
Jackson, D-Newport
Jacquard, D-Cranston
Kennedy, D-Hopkinton
Lally, D-South Kingstown
Lima, D-Cranston
Loughlin, R-Tiverton
MacBeth, D-Cumberland
Malik, D-Warren
Martin, D-Newport
Mattiello, D-Cranston
McCauley, D-Providence
McNamara, D-Warwick
Melo, D-East Providence
Murphy, D-West Warwick
Newberry, R-N. Smithfield
O’Neill, D-Pawtucket
Pacheco, D-Burrillville
Petrarca, D-Lincoln
Pollard, D-Foster
M. Rice, D-South Kingstown
Ruggiero, D-Jamestown
San Bento, D-Pawtucket
Savage, R-East Providence
Segal, D-Providence
Serpa, D-West Warwick
Silva, D-Central Falls
Sullivan, D-Coventry
Trillo, R-Warwick
Vaudreuil, D-Cumberland
Walsh, D-Charlestown
Wasylyk, D-Providence
Watson, R-East Greenwich
Williams, D-Providence
Winfield, D-Smithfield
Voting no
Baldelli-Hunt, D-Woonsocket
Brien, D-Woonsocket
DaSilva, D-East Providence
Gablinske, D-Bristol
Kilmartin, D-Pawtucket
Marcello, D-Scituate
Menard, D-Lincoln
Rice, D-Portsmouth
Schadone, D-North Providence
Did not vote
Flaherty, D-Warwick
Giannini, D-Providence
Naughton, D-Warwick
Palumbo, D-Cranston
Ucci, D-Johnston
Shallcross Smith, D-Lincoln
Ucci, D-Johnston
Williamson, D-Coventry
SOURCE: House roll call
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If you have questions about this article or are interested in Expungement in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Without notice expungements almost expanded
11:14 AM EST on Wednesday, November 4, 2009
By Katherine Gregg
Journal State House Bureau
PROVIDENCE –– Amid the chaos of last week’s special legislative session, advocates of a bill that would automatically erase a whole new class of criminal records scored a short-lived victory at the State House.
With no debate on the merits, the House voted 57 to 9 on Thursday for a measure — vetoed by the governor a year ago — that would have required the state’s courts to “quash and destroy” the record of any crime for which an admitted criminal received a “deferred” sentence, regardless of the nature of the crime or criminal history of the offender, as long as he or she stayed out of trouble for five years.
In recent years, criminals receiving deferred sentences included accused stalkers, embezzlers, an accomplice to a gunpoint robbery in Waterplace Park, one of the coconspirators in the Lincoln bribery scandal and at least one child molester. Emerging almost 10 months after its only State House hearing in January, the bill appeared headed for easy passage by the Senate last Thursday. But then it hit an insurmountable snag and died.
Legislative leaders realized they had, in their haste, inadvertently passed a version that the state’s judges, through their lobbyist, had adamantly opposed last January. They renewed their objection after the seemingly dead bill was passed Wednesday by the House Judiciary Committee.
In the hours before the House convened Thursday for the last night of the two-day special session, court lobbyist R. Kelly Sheridan told key lawmakers the state’s judges have no position on the merits of extending the state’s existing expungement law to a new class of people, who may not currently be eligible. He said that is a “legislative call.”
But he said they objected strongly to the “automatic destruction” of any court record, in part, because the decision should be made by a judge after a hearing in which the attorney general has been given a chance to comment.
And, Sheridan said, there is a much larger issue: “Public bodies should not be destroying a record of an official act.”
“It would be akin to the General Assembly destroying evidence of some vote that was taken five years ago. It’s just not appropriate,” Sheridan said this week. The bill was sponsored by Rep. Joseph Almeida, a retired Providence police officer, who argues that a criminal record hampers people from getting jobs and, in some cases, housing.
Year after year, Almeida asks a version of this question he posed in an interview this week: “How long do we keep punishing somebody if many years have gone by and they have not done anything [else] wrong or illegal?”
Rhode Island already has what the governor, the attorney general and the state police describe as one of the most liberal expungement laws in the nation. It allows judges to permanently seal the records of a nonviolent offense by a first-time offender 5 years after the individual has completed his or her sentence for a misdemeanor, 10 years after for a felony.
It also specifically allows those whose records have been expunged to tell prospective employers that they have never been convicted of a crime. Last year, 4,418 criminal case records of first-time offenders were sealed.
Almeida’s bill went a step further in requiring the courts to automatically destroy any public record of any crime that resulted in a deferred sentence, as soon as the deferral period ended, without any waiting period or regard to the nature of the crime, or history of the offender.
Almeida’s bill would have extended the opportunity to an unknown number of people who are not currently eligible, and substantially reduced the waiting period for many of those who are.
A deferred sentence usually comes as a tradeoff for a no-contest or guilty plea that spares the state from having to go to trial. The underlying notion: stay out of trouble, stay out of jail. No specific sentence is initially imposed. Instead, it provides a window of time in which a sentence could be imposed if the offender commits another crime.
An earlier version was vetoed by Governor Carcieri in 2008 on grounds it would “permit expungement for a violent felony … [after] a period of time, that usually runs five years, and by so doing, make it impossible for employers — including the state itself — to do meaningful criminal background checks.”
The governor said the legislation would also allow “early expungement” of offenses that would normally disqualify someone from working with children in a child-care center, as a child-care provider in a private home, or as a foster or adoptive parent.
Rep. Donald Lally, a Narragansett Democrat who is chairman of the House Judiciary Committee, described what happened to the bill in last week’s session.
In the months since the House last met in June, he said Almeida “lobbied” House Speaker William J. Murphy and House Majority Leader Gordon D. Fox to resurrect his bill. They agreed and told Lally, as judiciary chairman, that they wanted his committee to vote on it. The bill cleared the committee 9-to-2 Wednesday.
The next day, Sheridan — who had last testified on the bill in January –– presented a letter spelling out the changes the judges wanted: replacement of the words “automatically quashed and destroyed,” with a description of the petition-and-hearing process that applies to current bids for an expungement.
Through a series of miscues, the bill that eventually reached the Senate didn’t have the changes the judge’s requested and there was no final vote.
“You know, last minute, and sometimes things falls through the cracks,” Lally said.
While disappointed his bill failed again this year, Almeida says he’ll “just bring it back again next year … [because] people need a second start in life … and it [is] an issue that we have been fighting for a very long time.”
And Murphy, through a spokesman, said he “is committed to continue to work on the bill toward passage next year.”The House vote Voting yes
Ajello, D-Providence
Almeida, D-Providence
Azzinaro, D-Westerly
Caprio, D-Narragansett
Carnevale, D-Providence
Carter, D-North Kingstown
Coderre, D-Pawtucket
Corvese, D-North Providence
Costantino, D-Providence
DeSimone, D-Providence
Diaz, D-Providence
Driver, D-Richmond
Edwards, D-Tiverton
Ehrhardt, R-North Kingstown
Fellela, D-Johnston
Ferri, D-Warwick
Fierro, D-Woonsocket
Fox, D-Providence
Gallison, D-Bristol
Gemma, D-Warwick
Guthrie, D-Coventry
Handy, D-Cranston
Hearn, D-Barrington
Jackson, D-Newport
Jacquard, D-Cranston
Kennedy, D-Hopkinton
Lally, D-South Kingstown
Lima, D-Cranston
Loughlin, R-Tiverton
MacBeth, D-Cumberland
Malik, D-Warren
Martin, D-Newport
Mattiello, D-Cranston
McCauley, D-Providence
McNamara, D-Warwick
Melo, D-East Providence
Murphy, D-West Warwick
Newberry, R-N. Smithfield
O’Neill, D-Pawtucket
Pacheco, D-Burrillville
Petrarca, D-Lincoln
Pollard, D-Foster
M. Rice, D-South Kingstown
Ruggiero, D-Jamestown
San Bento, D-Pawtucket
Savage, R-East Providence
Segal, D-Providence
Serpa, D-West Warwick
Silva, D-Central Falls
Sullivan, D-Coventry
Trillo, R-Warwick
Vaudreuil, D-Cumberland
Walsh, D-Charlestown
Wasylyk, D-Providence
Watson, R-East Greenwich
Williams, D-Providence
Winfield, D-Smithfield
Voting no
Baldelli-Hunt, D-Woonsocket
Brien, D-Woonsocket
DaSilva, D-East Providence
Gablinske, D-Bristol
Kilmartin, D-Pawtucket
Marcello, D-Scituate
Menard, D-Lincoln
Rice, D-Portsmouth
Schadone, D-North Providence
Did not vote
Flaherty, D-Warwick
Giannini, D-Providence
Naughton, D-Warwick
Palumbo, D-Cranston
Ucci, D-Johnston
Shallcross Smith, D-Lincoln
Ucci, D-Johnston
Williamson, D-Coventry
SOURCE: House roll call
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If you have questions about this article or are interested in Expungement in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Friday, October 30, 2009
RI Disorderly Conduct Defense Attorney Macktaz announces another successful case defense.
RI Disorderly Conduct Defense Attorney Macktaz announces another successful case defense. If you have questions about this article or are interested in Disorderly Conduct Criminal Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Criminal Charges: Disorderly Conduct
Police Report: Lincoln Police respond to a report of a disorderly patron at the Twin River valet. Police find Client yelling and screaming at the valet in front of numerous other guests. Valet was concerned that Client had too much to drink and would not bring out the car. Client then begins to yell and scream at Lincoln Police and is arrested for Disorderly Conduct.
Result: DISMISSED
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If you have questions about this article or are interested in Disorderly Conduct Criminal Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Criminal Charges: Disorderly Conduct
Police Report: Lincoln Police respond to a report of a disorderly patron at the Twin River valet. Police find Client yelling and screaming at the valet in front of numerous other guests. Valet was concerned that Client had too much to drink and would not bring out the car. Client then begins to yell and scream at Lincoln Police and is arrested for Disorderly Conduct.
Result: DISMISSED
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If you have questions about this article or are interested in Disorderly Conduct Criminal Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Rhode Island Assault and Battery Defense Attorney Macktaz announces another successful defense.
Rhode Island Assault and Battery Defense Attorney Macktaz announces another successful defense. If you have questions about this article or are interested in Assault and Battery Criminal Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Criminal Charges: Assault and Battery
Police Report: Client is charged with assaulting bartender at Providence restaurant when asked to leave due to intoxication. Providence Police respond to the scene and have to chase client for a few blocks and then tackle Client in lobby of his hotel in order to arrest him.
Result: DISMISSED
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If you have questions about this article or are interested in Assault and Battery Criminal Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Criminal Charges: Assault and Battery
Police Report: Client is charged with assaulting bartender at Providence restaurant when asked to leave due to intoxication. Providence Police respond to the scene and have to chase client for a few blocks and then tackle Client in lobby of his hotel in order to arrest him.
Result: DISMISSED
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If you have questions about this article or are interested in Assault and Battery Criminal Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Wednesday, October 14, 2009
RI Defense Attorney Macktaz represents man charged with stealing a firearm in AK-47 incident in South Kingston
Rhode Island Criminal Defense Attorney Joshua Macktaz representes man charged with stealing a firearm. If you have questions about this post or need Criminal Defense contact RI Attorney Macktaz at 401-861-1155 or CONTACT him via email. Article published by Providence Journal.
Man who turned in AK-47, 3 others face charges
01:00 AM EDT on Saturday, October 10, 2009
By Donita Naylor - Journal Staff Writer
A man who walked into the South Kingstown police station with a loaded AK-47 assault rifle is one of four men being charged or sought after a two-week investigation, the police said Friday.
Mark A. Smith, 51, of Dam Street, turned in the rifle Sept. 24, saying he’d been driving on Route 108 near the Meadowbrook Apartments around 9 a.m. when he saw two boys about 12 years old playing army with the gun. He told the police that he stopped and took the rifle from the boys, cleared the chamber of a live round and brought it directly to the police station, less than a half-mile away, along with a full clip of ammunition. He faces a misdemeanor charge of filing a false police report, South Kingstown Police Capt. Jeffrey Allen said.
The weapon was legally imported from Romania by a New England distributor, Allen said. The South Kingstown police, working with agents from the federal Bureau of Alcohol, Tobacco, Firearms and Explosives tracked the weapon from there to Universal Firearms, 265 Main St., in South Kingstown, where it was sold to Francis W. Farrell, 32, of South Kingstown.
Allen said Farrell didn’t report the weapon missing from his collection until after detectives and federal agents questioned him. Allen said Farrell was expected to turn himself in Friday or Saturday to face a misdemeanor charge of failure to report a stolen firearm.
A third man, Trevor Bishop, 33, who lives near the Richmond Town Hall and who Allen said is friends with Farrell, was arrested Friday on a felony charge of stealing a firearm. He was arraigned in District Court, South Kingstown, late Friday, with the police recommending he be released on $2,500 surety bail, or $250 cash, Allen said. In felony cases, bail is set in District Court, but a defendant must wait to enter a plea in Superior Court.
A warrant is out for the arrest of a fourth man, Mason E. Wilson, 21, of South Kingstown, whom Allen said is wanted on another warrant. He will be charged with possession of a firearm by a person convicted of a violent crime, which Allen said was delivery of crack cocaine. Wilson was sentenced June 28, 2008, to six years of probation with six years suspended.
Although the original report of children playing army with a loaded AK-47 was probably false, Allen said, “We know the gun was in a residence in our community where it could potentially have been handled by young adults and juveniles.”
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If you have questions about this article or are interested in Criminal Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Man who turned in AK-47, 3 others face charges
01:00 AM EDT on Saturday, October 10, 2009
By Donita Naylor - Journal Staff Writer
A man who walked into the South Kingstown police station with a loaded AK-47 assault rifle is one of four men being charged or sought after a two-week investigation, the police said Friday.
Mark A. Smith, 51, of Dam Street, turned in the rifle Sept. 24, saying he’d been driving on Route 108 near the Meadowbrook Apartments around 9 a.m. when he saw two boys about 12 years old playing army with the gun. He told the police that he stopped and took the rifle from the boys, cleared the chamber of a live round and brought it directly to the police station, less than a half-mile away, along with a full clip of ammunition. He faces a misdemeanor charge of filing a false police report, South Kingstown Police Capt. Jeffrey Allen said.
The weapon was legally imported from Romania by a New England distributor, Allen said. The South Kingstown police, working with agents from the federal Bureau of Alcohol, Tobacco, Firearms and Explosives tracked the weapon from there to Universal Firearms, 265 Main St., in South Kingstown, where it was sold to Francis W. Farrell, 32, of South Kingstown.
Allen said Farrell didn’t report the weapon missing from his collection until after detectives and federal agents questioned him. Allen said Farrell was expected to turn himself in Friday or Saturday to face a misdemeanor charge of failure to report a stolen firearm.
A third man, Trevor Bishop, 33, who lives near the Richmond Town Hall and who Allen said is friends with Farrell, was arrested Friday on a felony charge of stealing a firearm. He was arraigned in District Court, South Kingstown, late Friday, with the police recommending he be released on $2,500 surety bail, or $250 cash, Allen said. In felony cases, bail is set in District Court, but a defendant must wait to enter a plea in Superior Court.
A warrant is out for the arrest of a fourth man, Mason E. Wilson, 21, of South Kingstown, whom Allen said is wanted on another warrant. He will be charged with possession of a firearm by a person convicted of a violent crime, which Allen said was delivery of crack cocaine. Wilson was sentenced June 28, 2008, to six years of probation with six years suspended.
Although the original report of children playing army with a loaded AK-47 was probably false, Allen said, “We know the gun was in a residence in our community where it could potentially have been handled by young adults and juveniles.”
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If you have questions about this article or are interested in Criminal Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Tuesday, September 15, 2009
Marijuana Attorney Macktaz Interviewed by Rhode Island Lawyers Weekly
A quick word with …
S. JOSHUA MACKTAZ
Rhode Island Lawyers Weekly
Published: September 10, 2009
Printed: September 14, 2009 issue
By Noah Schaffer
Age: 41
Graduated: Suffolk University Law School (1993)
Bar admission: 1993
Job: Sole practitioner, Providence
Practice area: Criminal defense, including marijuana crimes
A former special assistant attorney general, S. Joshua Macktaz has handled more than a thousand cases involving misdemeanor and felony marijuana possession, sale and distribution. In 1997, he left the AG’s Office and became a defense attorney. He discussed with Lawyers Weekly’s Matt Yas the issue of marijuana decriminalization and the Legislature’s passage of a bill earlier this year approving marijuana “compassion centers.”
Q. What draws you specifically to marijuana cases?
A. For one thing, they’re easy to defend. They’re just not treated as harshly anymore. Since the changes in the laws, offenders are much more likely to have their cases dismissed or receive community service and expungement of the charges.
S. JOSHUA MACKTAZ
Rhode Island Lawyers Weekly
Published: September 10, 2009
Printed: September 14, 2009 issue
By Noah Schaffer
Age: 41
Graduated: Suffolk University Law School (1993)
Bar admission: 1993
Job: Sole practitioner, Providence
Practice area: Criminal defense, including marijuana crimes
A former special assistant attorney general, S. Joshua Macktaz has handled more than a thousand cases involving misdemeanor and felony marijuana possession, sale and distribution. In 1997, he left the AG’s Office and became a defense attorney. He discussed with Lawyers Weekly’s Matt Yas the issue of marijuana decriminalization and the Legislature’s passage of a bill earlier this year approving marijuana “compassion centers.”
Q. What draws you specifically to marijuana cases?
A. For one thing, they’re easy to defend. They’re just not treated as harshly anymore. Since the changes in the laws, offenders are much more likely to have their cases dismissed or receive community service and expungement of the charges.
Q. So the recent legislative changes have had a tangible effect?
A. No question. I am constantly citing the Massachusetts decriminalization of marijuana and the Legislature’s approval of compassion centers here in Rhode Island, a bill that passed on an override of the governor’s veto. These examples of the changes in perception about marijuana serve as effective arguments in court, particularly in the towns.
A. No question. I am constantly citing the Massachusetts decriminalization of marijuana and the Legislature’s approval of compassion centers here in Rhode Island, a bill that passed on an override of the governor’s veto. These examples of the changes in perception about marijuana serve as effective arguments in court, particularly in the towns.
Q. Can you cite an example of this turning tide toward more compassionate rulings?
A. I had a case involving two professional clients — one a special needs teacher — who attended the annual Charlestown Music Festival. An undercover cop witnessed what appeared to be a joint being passed around. He observed my clients partaking in, then disposing of and stomping out, the cigarette — so, clearly guilty. The case was dismissed in exchange for community service and a donation to the City Solicitor’s Victims’ Fund.
A. I had a case involving two professional clients — one a special needs teacher — who attended the annual Charlestown Music Festival. An undercover cop witnessed what appeared to be a joint being passed around. He observed my clients partaking in, then disposing of and stomping out, the cigarette — so, clearly guilty. The case was dismissed in exchange for community service and a donation to the City Solicitor’s Victims’ Fund.
Q. What are your feelings, as a citizen first and a lawyer second, about the illegal status of marijuana?
A. I think it’s ridiculous that possession is a crime. We’d be better off legalizing it, regulating it and taxing it. As a criminal defense attorney, I don’t mind the business, but good people are getting criminal records this way. As long as alcohol isn’t illegal, marijuana shouldn’t be, either. I’m sure the sale or cultivation of marijuana will never be legalized, or driving under the influence, but small amounts for simple possession should be. Then tax the heck out of it!
A. I think it’s ridiculous that possession is a crime. We’d be better off legalizing it, regulating it and taxing it. As a criminal defense attorney, I don’t mind the business, but good people are getting criminal records this way. As long as alcohol isn’t illegal, marijuana shouldn’t be, either. I’m sure the sale or cultivation of marijuana will never be legalized, or driving under the influence, but small amounts for simple possession should be. Then tax the heck out of it!
Q. Finally, are you aware that if an Internet user types “marijuana lawyer Rhode Island” into a Google search, yours is the first and only name to come up? Has that been a key to your steady stream of business?
A. I have a good web optimizer — I have to credit him for that one. But the business has been consistent regardless, because I have been able to resolve so many cases in this area favorably.
A. I have a good web optimizer — I have to credit him for that one. But the business has been consistent regardless, because I have been able to resolve so many cases in this area favorably.
Published on September 10, 2009 in the RI Lawyers Weekly Blog. This article can also be found in the Rhode Island Lawyers Weekly's September 14th publication on newstands through out Rhode Island. RILawyersWeekly.com is a subscription based online publication available to the public.
Contact Rhode Island Marijuana Lawyer S. Joshua Macktaz by Email or call today at (401) 861-1155 and we will respond to you as soon as possible.
For more information on Marijuana Crimes and Defense Lawyer services in Rhode Island visit our website pages dedicated to Marijuana Laws and Criminal Defense in Rhode Island:
- Rhode Island Marijuana Information - Marijuana Possession and other Marijuana Crimes Defense in Rhode Island
- Drug Laws and Penalties In Rhode Island
- Rhode Island Criminal Defense
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If you have questions about this article or are interested in Criminal Defense in RI contact Rhode Island Marijuana Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Wednesday, September 2, 2009
Rhode Island DUI Defense Lawyer Macktaz announces recent victory for Breathalyzer Refusal Client
RI Drunk Driving Attorney Macktaz announces a recent win for his client arrested for DUI and Breathalyzer Refusal. If you have questions about or are interested in DUI or Criminal Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Criminal Charges: Refusal to Take a Breathalyzer Test
Police Report: A Warwick Police Officer on a fixed post at 2:30am observes Client “spinning his wheels” coming off the Jefferson Blvd. exit to 95 south. Officer observes Client’s vehicle to cross the center line on at least 2 occasions. After stopping Client, police officer observes strong odor of alcohol, bloodshot and watery eyes, and slurred speech. Client takes and fails 3 field sobriety tests.
Result: Count One: DISMISSED
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If you have questions about this article or are interested in DUI or Criminal Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Criminal Charges: Refusal to Take a Breathalyzer Test
Police Report: A Warwick Police Officer on a fixed post at 2:30am observes Client “spinning his wheels” coming off the Jefferson Blvd. exit to 95 south. Officer observes Client’s vehicle to cross the center line on at least 2 occasions. After stopping Client, police officer observes strong odor of alcohol, bloodshot and watery eyes, and slurred speech. Client takes and fails 3 field sobriety tests.
Result: Count One: DISMISSED
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If you have questions about this article or are interested in DUI or Criminal Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
RI Sexual Assault Criminal Defense Attorney Macktaz announces another recent victory.
Rhode Island Sexual Assault Attorney Macktaz announces the successful results of a recent clients defense in Rhode Island. If you have questions about or are interested in Criminal Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Criminal Charges: First Degree Sexual Assault (rape)
Police Report: Alleged victim tells Providence Police that she is out with Client and a large group of friends in Providence. After spending the night “clubbing”, Client and a friend accompany alleged victim to her home while her mother is home. Alleged victim claims that Client sexually assaulted her in her bedroom while his friend watched. Alleged victim goes to R.I. Hospital for a rape-kit test, gives a written statement against Client, and testifies in court at Client’s bail hearing.
Result: DISMISSED
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If you have questions about this article or are interested in Criminal Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Criminal Charges: First Degree Sexual Assault (rape)
Police Report: Alleged victim tells Providence Police that she is out with Client and a large group of friends in Providence. After spending the night “clubbing”, Client and a friend accompany alleged victim to her home while her mother is home. Alleged victim claims that Client sexually assaulted her in her bedroom while his friend watched. Alleged victim goes to R.I. Hospital for a rape-kit test, gives a written statement against Client, and testifies in court at Client’s bail hearing.
Result: DISMISSED
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If you have questions about this article or are interested in Criminal Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Saturday, July 25, 2009
Rhode Island Criminal Defense Attorney Macktaz helps client charged with Murder avoid ACI incarceration with possible release in 11Mo if Rehabilitated
Criminal Defense Attorney Macktaz helps client charged with murder, conspiracy to commit murder, and a number of gun charges negotiate a successful plea with an opportunity for a new life in less than a year.
If you have questions about this article or are interested in Murder Defense or Criminal Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Attorney Macktaz's comments on the case:
This week the State dismissed the murder charge in consideration of Joey Thayorath's plea to the Conspiracy charge. I believe this is a significant case because:
01:00 AM EDT on Friday, July 24, 2009
By Gregory SmithJournal Staff Writer
PROVIDENCE — Jeffrey Lopez, 19, was gunned down last summer in what the police called a senseless act of retaliation among young hotheads. One teenager now has admitted his role in the crime and a grand jury has indicted the alleged teenaged murderer.
Joey Thayorath, 17, whose last known address was 115 Camden Ave., has pleaded no contest in Family Court to two charges, the office of Attorney General Patrick C. Lynch acknowledged Thursday.
And a Providence County Grand Jury has handed up an indictment that charges Somesack “Sunny” Phonepraseuth, 17, with shooting and killing Lopez on June 30, 2008, after a confrontation on a sidewalk in Providence’s Smith Hill neighborhood.
In an unusual disposition of criminal charges involving a minor, Family Court Chief Judge Jeremiah S. Jeremiah Jr. on Tuesday “certified” the case against Thayorath and Thayorath entered a plea to two charges after having bargained with the attorney general’s office, according to Michael J. Healey, a spokesman for Lynch.
Healey explained certification as “a hybrid prosecutorial approach through which a juvenile receives a strong sentence while at the same time staying in the Family Court system while incarcerated.” In addition to a longer term of incarceration than would usually be meted out in Family Court, certification allows the public release of the identity of an accused minor that otherwise would be kept confidential.
Thayorath admitted that he got the alleged murder weapon, a handgun, for Phonepraseuth and then hid it after the shooting. He pleaded to conspiracy to commit murder and possessing a firearm without a license, and Judge Jeremiah sentenced him to a 10-year term of incarceration with 6 years to serve and 4 years suspended with probation.
Lynch agreed to dismiss three other counts against Thayorath, who was 16 at the time Lopez was killed.
Thayorath, who had been free on home confinement while the charges were pending, initially is serving his term of incarceration at the Training School. But he is scheduled for a Family Court review on June 22, 2010, when he has turned 18, and if a judge determines that he has been rehabilitated, he would be released, Healey explained.
If not, he would be returned to the Training School pending another hearing when he reaches age 19. If he has not been rehabilitated by age 19, a judge would be free to order his transfer to the Adult Correctional Institutions, according to Healey.
The slaying occurred as Lopez, who was living with a family on Federal Hill while his parents were in Florida, and Carlos Javier, of 145 Camden, who was then 19, were coming home from having bought soda, according to the police and Healey. Someone jostled someone else as the pair passed a group of teens heading in the other direction on the sidewalk.
Tempers flared and Lopez argued with the unidentified sister of a friend of Phonepraseuth. In retaliation a short time later, Lopez was shot dead on the porch of Javier’s house and Javier was shot and wounded.
Although he is a minor, Phonepraseuth is being tried as an adult in Superior Court after a Family Court judge agreed to a request by Lynch that the Family Court waive jurisdiction due to the gravity of the case. He was 16 at the time of the slaying.
Phonepraseuth, according to Healey, is charged with first-degree murder; discharging a firearm while committing a crime of violence resulting in death; assault with a dangerous weapon on Javier; discharging a firearm while committing a crime of violence resulting in injury to Javier; committing a crime of violence while armed with a dangerous weapon resulting in murder; and carrying a handgun without a license.
Phonepraseuth, whose last known address was 295 Amirault St., Woonsocket, already is being held without bail at the ACI. He is scheduled to be arraigned on the indictment on Aug. 12.
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If you have questions about this article or are interested in Murder Defense or Criminal Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
If you have questions about this article or are interested in Murder Defense or Criminal Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Attorney Macktaz's comments on the case:
This week the State dismissed the murder charge in consideration of Joey Thayorath's plea to the Conspiracy charge. I believe this is a significant case because:
- A murder charge was dismissed
- He is serving a sentence in the Training School and not the ACI
- That although it is a 6 year sentence, he can be released in 11 months if we show he has been rehabilitated in the training school.
Below, find the Providence Journal article from Friday the 24th of July detailing the report of the case and the terms of the plea.
Providence teen pleads no contest in connection with killing
01:00 AM EDT on Friday, July 24, 2009
By Gregory SmithJournal Staff Writer
PROVIDENCE — Jeffrey Lopez, 19, was gunned down last summer in what the police called a senseless act of retaliation among young hotheads. One teenager now has admitted his role in the crime and a grand jury has indicted the alleged teenaged murderer.
Joey Thayorath, 17, whose last known address was 115 Camden Ave., has pleaded no contest in Family Court to two charges, the office of Attorney General Patrick C. Lynch acknowledged Thursday.
And a Providence County Grand Jury has handed up an indictment that charges Somesack “Sunny” Phonepraseuth, 17, with shooting and killing Lopez on June 30, 2008, after a confrontation on a sidewalk in Providence’s Smith Hill neighborhood.
In an unusual disposition of criminal charges involving a minor, Family Court Chief Judge Jeremiah S. Jeremiah Jr. on Tuesday “certified” the case against Thayorath and Thayorath entered a plea to two charges after having bargained with the attorney general’s office, according to Michael J. Healey, a spokesman for Lynch.
Healey explained certification as “a hybrid prosecutorial approach through which a juvenile receives a strong sentence while at the same time staying in the Family Court system while incarcerated.” In addition to a longer term of incarceration than would usually be meted out in Family Court, certification allows the public release of the identity of an accused minor that otherwise would be kept confidential.
Thayorath admitted that he got the alleged murder weapon, a handgun, for Phonepraseuth and then hid it after the shooting. He pleaded to conspiracy to commit murder and possessing a firearm without a license, and Judge Jeremiah sentenced him to a 10-year term of incarceration with 6 years to serve and 4 years suspended with probation.
Lynch agreed to dismiss three other counts against Thayorath, who was 16 at the time Lopez was killed.
Thayorath, who had been free on home confinement while the charges were pending, initially is serving his term of incarceration at the Training School. But he is scheduled for a Family Court review on June 22, 2010, when he has turned 18, and if a judge determines that he has been rehabilitated, he would be released, Healey explained.
If not, he would be returned to the Training School pending another hearing when he reaches age 19. If he has not been rehabilitated by age 19, a judge would be free to order his transfer to the Adult Correctional Institutions, according to Healey.
The slaying occurred as Lopez, who was living with a family on Federal Hill while his parents were in Florida, and Carlos Javier, of 145 Camden, who was then 19, were coming home from having bought soda, according to the police and Healey. Someone jostled someone else as the pair passed a group of teens heading in the other direction on the sidewalk.
Tempers flared and Lopez argued with the unidentified sister of a friend of Phonepraseuth. In retaliation a short time later, Lopez was shot dead on the porch of Javier’s house and Javier was shot and wounded.
Although he is a minor, Phonepraseuth is being tried as an adult in Superior Court after a Family Court judge agreed to a request by Lynch that the Family Court waive jurisdiction due to the gravity of the case. He was 16 at the time of the slaying.
Phonepraseuth, according to Healey, is charged with first-degree murder; discharging a firearm while committing a crime of violence resulting in death; assault with a dangerous weapon on Javier; discharging a firearm while committing a crime of violence resulting in injury to Javier; committing a crime of violence while armed with a dangerous weapon resulting in murder; and carrying a handgun without a license.
Phonepraseuth, whose last known address was 295 Amirault St., Woonsocket, already is being held without bail at the ACI. He is scheduled to be arraigned on the indictment on Aug. 12.
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If you have questions about this article or are interested in Murder Defense or Criminal Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
RI Domestic Assault Criminal Defense Attorney Macktaz announces another recent victory.
Rhode Island Domestic Violence Attorney Macktaz announces the successful results of a recent clients defense in Rhode Island. If you have questions about or are interested in Domestic Violence Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Criminal Charges: Domestic Assault and Battery
Police Report: Client discovers through emails that spouse is having an affair with a co-worker. Client is alleged to have struck spouse in the face, thrown spouse on the bed and held spouse down. Spouse gives a full written statement to the Newport Police Department detailing the alleged assault, and police observe red marks on spouse’s face and neck.
Result: Count One: DISMISSED
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If you have questions about or are interested in Domestic Violence Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Criminal Charges: Domestic Assault and Battery
Police Report: Client discovers through emails that spouse is having an affair with a co-worker. Client is alleged to have struck spouse in the face, thrown spouse on the bed and held spouse down. Spouse gives a full written statement to the Newport Police Department detailing the alleged assault, and police observe red marks on spouse’s face and neck.
Result: Count One: DISMISSED
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If you have questions about or are interested in Domestic Violence Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
RI Marijuana Posession Criminal Defense Attorney Macktaz announces another recent victory.
Marijuana Posession Criminal Defense Attorney Macktaz announces the successful results of another recent clients defense in Rhode Island. If you have questions about or are interested in Marijuana Possession Charges Defense in Rhode Island contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Criminal Charges: Possession of Marijuana
Police Report: Rhode Island State Police stop Client’s vehicle on 95 South for speeding after a radar reading of 85MPH in a 65MPH. Trooper approach the vehicle and immediately detect the odor of freshly burnt marijuana. Client is taken from the car and searched, and Trooper finds marijuana in Client’s right front pants pocket.
Result: DISMISSED
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If you have questions about or are interested in Marijuana Possession Charges Defense in Rhode Island contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Criminal Charges: Possession of Marijuana
Police Report: Rhode Island State Police stop Client’s vehicle on 95 South for speeding after a radar reading of 85MPH in a 65MPH. Trooper approach the vehicle and immediately detect the odor of freshly burnt marijuana. Client is taken from the car and searched, and Trooper finds marijuana in Client’s right front pants pocket.
Result: DISMISSED
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If you have questions about or are interested in Marijuana Possession Charges Defense in Rhode Island contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Thursday, July 2, 2009
RI Marijuana Posession Criminal Defense Attorney Macktaz announces another recent victory.
Marijuana Posession Criminal Defense Attorney Macktaz announces the successful results of a recent clients defense in Rhode Island. If you have questions about or are interested in Marijuana Possession Charges Defense in Rhode Island contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Criminal Charges: Possession of Marijuana
Police Report: North Smithfield Police receive a report of passengers in a motor vehicle are shooting paint balls from the vehicle. Police stop Client’s vehicle because it matched the description of the car they were looking for. Police search Client’s vehicle and find 4 grams of marijuana in the center console. Client admits the marijuana is his.
Result: DISMISSED
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If you have questions about this article or are interested in DUI or Criminal Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Criminal Charges: Possession of Marijuana
Police Report: North Smithfield Police receive a report of passengers in a motor vehicle are shooting paint balls from the vehicle. Police stop Client’s vehicle because it matched the description of the car they were looking for. Police search Client’s vehicle and find 4 grams of marijuana in the center console. Client admits the marijuana is his.
Result: DISMISSED
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If you have questions about this article or are interested in DUI or Criminal Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Tuesday, June 30, 2009
RI Criminal Defense Attorney Macktaz to represent Woonsocket Shopkeeper on possession of marijuana with the intent to deliver and Tax Fraud Charges
Rhode Island Marijuana Posession and Distrobution Criminal Defense Attorney Macktaz will represent a local Woonsocket Shopkeeper on possession of marijuana with the intent to deliver, tampering with tax stamps, and sale of unstamped cigarettes. Please find below the article from the Woonsocket Call highlighting the details of the allegations.
If you have questions about this article or are in need of Marijuana Arrest Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Shopkeeper allegedly sold pot, out-of-state cigarettes
Friday, 19 June 2009
By RUSS OLIVO
WOONSOCKET — State police raided two convenience stores and arrested their operator Friday morning on charges that included using the business locations to peddle marijuana hidden in empty cigarette packs and selling untaxed tobacco products.
Police said Dung H. Le, 35, is the operator of Lee’s Corner Convenience Store, 198 Front St., and The Corner Convenience Store, 1046 Cass Ave. Le’s home at 172 High St. was also searched.
State Police Capt. David S. Neill said Le was selling cigarettes obtained from retail merchants in Virginia, which uses tax stamps that look very similar to those in Rhode Island. In some cases, Neill said, the portion of the stamp bearing the Virginia logo had been removed.
“What you get is half of a tax stamp that looks a lot like a legitimate stamp,” said Neill. “We found no Rhode Island tax stamps on any of his cigarettes.”
Le was pocketing an extra $31.60 on every carton of illicit cigarettes he sold because the tax on cigarettes in Virginia is $3 per carton compared to the Ocean State’s $34.60, and Le wasn’t passing any of the savings along to his customers, Neill said.
The storekeeper was charged with one count each of possession of marijuana with the intent to deliver, tampering with tax stamps and sale of unstamped cigarettes. Le faces up to 25 years in prison on the marijuana charge and up to 10 years and a fine of $10,000 for the tampering charge, both of which are felonies. Sale of untaxed cigarettes is a misdemeanor and carries only a year in prison.
Neill said Le was arrested by state police and investigators from the Division of Taxation as he was opening up the Front Street store for business Friday. Police said he was carrying empty packages of cigarettes with bagged marijuana stuffed in them. Police also found additional marijuana hidden in various locations throughout the store.
“The marijuana was located concealed in empty cigarette packs that would be sold covertly over the counter,” Neill said. Asked how patrons looking for drugs informed Le what they wanted, Neill said, “Unknown.”
The search of the stores yielded numerous packages and cartons of cigarettes that were available for sale that either did not contain proper Rhode Island tax stamps or were marked with altered out-of-state stamps.
As for the marijuana, Neill said police confiscated about four ounces in all. Police also seized $1,800 in cash from the stores. Although police searched Le’s home, no contraband was located there, he said.The investigation began about two months ago after police began receiving complaints that Le was selling improperly taxed cigarettes, said Neill. At one point, Neill said police received about 10 complaints in the span of a week.
Neill said Le was to be arraigned before a justice of the peace at the state police headquarters in Scituate. Le would be held without bail pending a review hearing to be scheduled in District Court, he said.
Neill said the police do not intend to seize the real estate from which Le was allegedly distributing the contraband. He said he believes the stores are still being operated by other members of Le’s family.
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If you have questions about this article or are in need of Marijuana Arrest Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
If you have questions about this article or are in need of Marijuana Arrest Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Shopkeeper allegedly sold pot, out-of-state cigarettes
Friday, 19 June 2009
By RUSS OLIVO
WOONSOCKET — State police raided two convenience stores and arrested their operator Friday morning on charges that included using the business locations to peddle marijuana hidden in empty cigarette packs and selling untaxed tobacco products.
Police said Dung H. Le, 35, is the operator of Lee’s Corner Convenience Store, 198 Front St., and The Corner Convenience Store, 1046 Cass Ave. Le’s home at 172 High St. was also searched.
State Police Capt. David S. Neill said Le was selling cigarettes obtained from retail merchants in Virginia, which uses tax stamps that look very similar to those in Rhode Island. In some cases, Neill said, the portion of the stamp bearing the Virginia logo had been removed.
“What you get is half of a tax stamp that looks a lot like a legitimate stamp,” said Neill. “We found no Rhode Island tax stamps on any of his cigarettes.”
Le was pocketing an extra $31.60 on every carton of illicit cigarettes he sold because the tax on cigarettes in Virginia is $3 per carton compared to the Ocean State’s $34.60, and Le wasn’t passing any of the savings along to his customers, Neill said.
The storekeeper was charged with one count each of possession of marijuana with the intent to deliver, tampering with tax stamps and sale of unstamped cigarettes. Le faces up to 25 years in prison on the marijuana charge and up to 10 years and a fine of $10,000 for the tampering charge, both of which are felonies. Sale of untaxed cigarettes is a misdemeanor and carries only a year in prison.
Neill said Le was arrested by state police and investigators from the Division of Taxation as he was opening up the Front Street store for business Friday. Police said he was carrying empty packages of cigarettes with bagged marijuana stuffed in them. Police also found additional marijuana hidden in various locations throughout the store.
“The marijuana was located concealed in empty cigarette packs that would be sold covertly over the counter,” Neill said. Asked how patrons looking for drugs informed Le what they wanted, Neill said, “Unknown.”
The search of the stores yielded numerous packages and cartons of cigarettes that were available for sale that either did not contain proper Rhode Island tax stamps or were marked with altered out-of-state stamps.
As for the marijuana, Neill said police confiscated about four ounces in all. Police also seized $1,800 in cash from the stores. Although police searched Le’s home, no contraband was located there, he said.The investigation began about two months ago after police began receiving complaints that Le was selling improperly taxed cigarettes, said Neill. At one point, Neill said police received about 10 complaints in the span of a week.
Neill said Le was to be arraigned before a justice of the peace at the state police headquarters in Scituate. Le would be held without bail pending a review hearing to be scheduled in District Court, he said.
Neill said the police do not intend to seize the real estate from which Le was allegedly distributing the contraband. He said he believes the stores are still being operated by other members of Le’s family.
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If you have questions about this article or are in need of Marijuana Arrest Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Sunday, June 28, 2009
Is the R.I. Senate bill outlawing indoor prostitution flawed?
In an effort to keep you abreast of potential changes in RI State laws Attorney Macktaz thinks this is a relevant article for you to know about the proposed changes to Rhode Island State's Indoor Prostitution laws.
If you have questions about this article or are in need of Disorderly Conduct Arrest Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Found in the June 27, 2009 Providence Journal OnLine.
By Lynn Arditi
Journal Staff Writer
PROVIDENCE — The Rhode Island State Police and the attorney general say a bill approved by the Senate Thursday night that seeks to outlaw indoor prostitution would weaken, rather than strengthen, the current law.
Officials from both agencies say the bill (S-0956), which the Senate approved 35 to 0, lacks the criminal penalties necessary to prosecute offenders and removes key language in the existing laws against loitering, pandering and solicitation.
“Rhode Island State Police cannot support civil sanctions for such reprehensible acts,” State police Supt. Col. Brendan P. Doherty wrote Friday in a letter to Rep. Donald J. Lally, Jr., chairman of the House Judiciary Committee, where the bill awaits a hearing.
“By reducing the seriousness of the enforcement of these acts,” he continued, “we will actually be placing the women this bill intends to protect in a dangerous environment where they will be further targeted for exploitation.”
The bill, introduced by Sen. Paul V. Jabour, D-Providence, is one of two bills pending before the General Assembly that seek to close a nearly 30-year-old “loophole” in the state’s prostitution law.
The House last May approved a separate bill (H-5044 A), introduced by Rep. Joanne M. Giannini, D-Providence, by a vote of 62 to 6.
In order to become law, the Senate and House must both approve one, identical bill.
Rhode Island is the only place, outside of certain counties in Nevada, that has no law against indoor prostitution. The omission in the law, the police say, has fueled the expansion in Rhode Island of brothels masquerading as “spas.”
The Senate bill rewrites much of the existing language in the prostitution statute that talks about loitering, soliciting and harboring for prostitution–– some of which dates back to the original law enacted in 1956 ––and replaces it with new statutes that provide for staggered penalties for first, second and third offenses. Prostitutes, their “customers” and property owners who are found guilty of a first offense would be punished by a “violation” and a fine.
Opponents of criminalizing indoor prostitution–– including advocates for victims’ rights –– have argued against any law that would result in arresting and imprisoning more prostitutes, whom they view as victims.
But law-enforcement officials on Friday criticized the Senate bill for being too lenient.
“A fine does not equal a conviction,” said Michael Healey, spokesman for Attorney General Patrick C. Lynch. . “So if you’re not convicted of a crime the first time, the second offense actually becomes the first offense. You see the sort of twisted logic there?”
The Senate bill, Healey said, treats first-time offences like a “speeding ticket” and, as a result, “doesn’t fully criminalize indoor prostitution.”
By contrast, the current law states that first-time offenders found guilty of a misdemeanor of loitering for prostitution face up to six months imprisonment and a fine of up to $1,000.
Doherty expressed concern that the Senate bill would repeal sections of the current statute — including harboring, pandering, and “loitering for indecent purposes near schools” and replace them with weaker penalties.
The Senate bill also differs from the House bill in that it provides for penalties for landlords who “knowingly” allow prostitution on their property. Landlords who are repeat offenders would face up to three years in prison and fines of up to $10,000.
“You get caught shoplifting three times, you’re an habitual offender” subject to a felony charge, Jabour, a lawyer, said. “Why should it be any different for prostitution?”
The penalties –– which are far lighter for first- and second-time offenses — are designed to encourage landlords to take action to remove tenants whom they know or suspect are using the premises for prostitution, said legislative counsel lawyer Richard K. Corley, who helped draft the Senate bill.
For landlords, the punishment for a first offense is a misdemeanor “violation” subject a $100 contribution to the Victims’ Indemnity Fund; a second-offense is punishable by a fine of up to $500.
Jabour had said last week that property owners are the “silent force” against his bill, adding that he wanted to “smoke out the skunks and see who’s against it.”
The Senate bill also includes stiffer penalties for customers who are repeat offenders. For example, a second offense is a misdemeanor punishable by a $500 fine; third and subsequent offenses are punishable by up to six months imprisonment and a fine of up to $500.
Giannini said that she removed all penalties against landlords on the advice of House legal counsel.
In order to move forward, the Senate bill must get a hearing in the House Judiciary Committee. So far, no hearing has been scheduled.
Meanwhile, the House bill approved last May has so far has failed to move forward in the Senate.
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If you have questions about this article or are in need of Disorderly Conduct Arrest Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
If you have questions about this article or are in need of Disorderly Conduct Arrest Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Found in the June 27, 2009 Providence Journal OnLine.
By Lynn Arditi
Journal Staff Writer
PROVIDENCE — The Rhode Island State Police and the attorney general say a bill approved by the Senate Thursday night that seeks to outlaw indoor prostitution would weaken, rather than strengthen, the current law.
Officials from both agencies say the bill (S-0956), which the Senate approved 35 to 0, lacks the criminal penalties necessary to prosecute offenders and removes key language in the existing laws against loitering, pandering and solicitation.
“Rhode Island State Police cannot support civil sanctions for such reprehensible acts,” State police Supt. Col. Brendan P. Doherty wrote Friday in a letter to Rep. Donald J. Lally, Jr., chairman of the House Judiciary Committee, where the bill awaits a hearing.
“By reducing the seriousness of the enforcement of these acts,” he continued, “we will actually be placing the women this bill intends to protect in a dangerous environment where they will be further targeted for exploitation.”
The bill, introduced by Sen. Paul V. Jabour, D-Providence, is one of two bills pending before the General Assembly that seek to close a nearly 30-year-old “loophole” in the state’s prostitution law.
The House last May approved a separate bill (H-5044 A), introduced by Rep. Joanne M. Giannini, D-Providence, by a vote of 62 to 6.
In order to become law, the Senate and House must both approve one, identical bill.
Rhode Island is the only place, outside of certain counties in Nevada, that has no law against indoor prostitution. The omission in the law, the police say, has fueled the expansion in Rhode Island of brothels masquerading as “spas.”
The Senate bill rewrites much of the existing language in the prostitution statute that talks about loitering, soliciting and harboring for prostitution–– some of which dates back to the original law enacted in 1956 ––and replaces it with new statutes that provide for staggered penalties for first, second and third offenses. Prostitutes, their “customers” and property owners who are found guilty of a first offense would be punished by a “violation” and a fine.
Opponents of criminalizing indoor prostitution–– including advocates for victims’ rights –– have argued against any law that would result in arresting and imprisoning more prostitutes, whom they view as victims.
But law-enforcement officials on Friday criticized the Senate bill for being too lenient.
“A fine does not equal a conviction,” said Michael Healey, spokesman for Attorney General Patrick C. Lynch. . “So if you’re not convicted of a crime the first time, the second offense actually becomes the first offense. You see the sort of twisted logic there?”
The Senate bill, Healey said, treats first-time offences like a “speeding ticket” and, as a result, “doesn’t fully criminalize indoor prostitution.”
By contrast, the current law states that first-time offenders found guilty of a misdemeanor of loitering for prostitution face up to six months imprisonment and a fine of up to $1,000.
Doherty expressed concern that the Senate bill would repeal sections of the current statute — including harboring, pandering, and “loitering for indecent purposes near schools” and replace them with weaker penalties.
The Senate bill also differs from the House bill in that it provides for penalties for landlords who “knowingly” allow prostitution on their property. Landlords who are repeat offenders would face up to three years in prison and fines of up to $10,000.
“You get caught shoplifting three times, you’re an habitual offender” subject to a felony charge, Jabour, a lawyer, said. “Why should it be any different for prostitution?”
The penalties –– which are far lighter for first- and second-time offenses — are designed to encourage landlords to take action to remove tenants whom they know or suspect are using the premises for prostitution, said legislative counsel lawyer Richard K. Corley, who helped draft the Senate bill.
For landlords, the punishment for a first offense is a misdemeanor “violation” subject a $100 contribution to the Victims’ Indemnity Fund; a second-offense is punishable by a fine of up to $500.
Jabour had said last week that property owners are the “silent force” against his bill, adding that he wanted to “smoke out the skunks and see who’s against it.”
The Senate bill also includes stiffer penalties for customers who are repeat offenders. For example, a second offense is a misdemeanor punishable by a $500 fine; third and subsequent offenses are punishable by up to six months imprisonment and a fine of up to $500.
Giannini said that she removed all penalties against landlords on the advice of House legal counsel.
In order to move forward, the Senate bill must get a hearing in the House Judiciary Committee. So far, no hearing has been scheduled.
Meanwhile, the House bill approved last May has so far has failed to move forward in the Senate.
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If you have questions about this article or are in need of Disorderly Conduct Arrest Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Thursday, June 11, 2009
RI Domestic Assault Criminal Defense Attorney Macktaz announces another recent victory.
Rhode Island Domestic Violence Attorney Macktaz announces the successful results of a recent clients defense in Rhode Island. If you have questions about or are interested in Domestic Violence Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Criminal Charges: Domestic Assault and Battery
Police Report: Johnston Police respond to a report of a domestic assault and battery between Client and his wife. Wife gives a written statement indicating that Client had struck her numerous times, and police observe wife to have redness and bruising around her right eye.
Result: DISMISSED
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If you have questions about this article or are interested in DUI or Criminal Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Criminal Charges: Domestic Assault and Battery
Police Report: Johnston Police respond to a report of a domestic assault and battery between Client and his wife. Wife gives a written statement indicating that Client had struck her numerous times, and police observe wife to have redness and bruising around her right eye.
Result: DISMISSED
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If you have questions about this article or are interested in DUI or Criminal Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
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