Boating Under the Influence in RI

Driving under the influence is a serious and all too common problem in the United States that is blamed for countless traffic accidents and fatalities. Not many people are aware that boating under the influence makes you 10 times more likely to risk severe injury or fatality than DUI.

Boating under the influence (BUI) accounts for over 34% of all fatal boating accidents annually. The fact that sunlight, motor vibration, wind, and spray intensify the effects of alcohol, your ability to operate safely is even more impaired than when driving a car.

Many people have the wisdom to choose not to drink and drive, but many of them are unaware of how dangerous it is to drink while boating or that it is illegal to do so. Rhode Island treats Boating Under the Influence crimes in a similar fashion to driving under the influence. Law enforcement officials almost always patrol waters where boating is common, and will look for anyone driving a boat erratically.

If you are stopped by law enforcement because you are under suspicion of BUI, you will be asked to perform a series of field sobriety tests, in addition to a chemical test. If the results are positive for alcohol or drugs, you may be subject to the same penalties as those received for DUI. This might mean prison time, fines, probation and a criminal record.

If you have been arrested for Boating under the influence, please contact Criminal Defense Attorney S. Joshua Macktaz now at (401) 861-1155 for a free consultation or more information.

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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 Lawyer Joshua Macktaz at 401-861-1155 or CONTACT him via email.

Marijuana Possession in RI

Drug possession can be a very serious crime in Rhode Island. Many adults and adolescents engage in Marijuana use however, despite the fact that Marijuana is still considered an illegal drug. If you have been arrested for Possession of under 1kg of Marijuana in RI (simple possession) and it is your first offense, you may be charged with a misdemeanor and be forced to pay a $200-$500 fine, and/or possibly 1 year in prison.

In addition to fines and possible confinement, you may be forced to attend a drug education class and possibly 100 hours of community service. If a conviction occurs a second time, you will be sentenced with $400-$1000 in fines, 2 years imprisonment, and another 100 hours of community service. You may be ordered to attend another drug education program and endure a stay in a drug rehab clinic.

Individuals convicted of possessing over 1kg of marijuana will receive a mandatory sentence of 10 years imprisonment, and fines of up to $500,000. You may have your license to operate a motor vehicle suspended or revoked if you are found operating a vehicle while in possession of marijuana.

If you have recently been arrested for Marijuana Possession, regardless of the number of offenses or the amount confiscated, contact Criminal Defense Attorney S. Joshua Macktaz now at (401) 861-1155 for a free consultation.

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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 Lawyer Joshua Macktaz at 401-861-1155 or CONTACT him via email.

Criminal Records May Be Expunged in RI

Contrary to the assumptions of many people the American legal system is not perfect, and certainly does not function perfectly in every single case. This means that a certain percentage of individuals convicted for a crime are innocent, while at the same time a number of people found not guilty are in fact guilty. The end result is that nearly anyone anywhere has the potential to be arrested and found guilty due to any number of factors. Some of the reasons one might be found guilty are investigative errors, falsified evidence, incompetent witnesses, and even false accusations.

In many of these cases, verdicts are reversed and those convicted may be released, however a significant amount of damage may or may not have been done to an individual's life, both personally and financially, as a direct result of a false conviction or arrest. Arrest records are essentially visible to anyone. This can present a major problem with potential employers, financial institutions, landlords, and background checks of any kind. These arrest records are there regardless of whether or not you are found guilty or innocent.

The state of Rhode Island has procedures that allow for individuals who have been found not-guilty of a crime to expunge their criminal record. Thanks to the Rhode Island Expungement Law individuals may be able remove all court records, including those in other states and law enforcement agencies. These Expungements may include fingerprints, photographs, and other records of identification.

Rhode Island Criminal Defense Attorney S. Joshua Macktaz may be able expunge or seal your records, relieving you of the possibility that these records may be used against you in virtually any situation that examines your character professionally. If you have recently been exonerated for any crime and would like more information about expunging your record, contact Attorney Macktaz now at (401) 861-1155 for a free consultation.

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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 Lawyer Joshua Macktaz at 401-861-1155 or CONTACT him via email.

Marijuana Client Testimonial

If you or someone you know needs help with a marijuana charge in RI or a criminal charge of any kind, contact Criminal Defense Attorney S. Joshua Macktaz now at (401) 861-1155 for a free consultation.

"Josh Macktaz did a great job on my case. He knows exactly what to look for to find problems in the police reports and accusations. He knows how to work his way around the courthouse and moved us through as time efficiently as possible. He great with communication and will always keep you updated and involved in your case. He was easy to talk to, understanding, and was an immense help to me as a lawyer. I would recommend him to people looking for a lawyer especially with cases involving Marijuana." ~ Connor

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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 Lawyer Joshua Macktaz at 401-861-1155 or CONTACT him via email.

DUI in Rhode Island

As of 2012, United States statistics reveal that over 1.2 million people per year find themselves in police custody for driving under the influence. Law enforcement agencies rely on a number of methods to determine whether or not your blood alcohol content (BAC) is over the legal limit. All too often a minor issue such as an out of date inspection sticker, a defective blinker light, or even a loud muffler turns into a DUI once an officer detects signs of intoxication.

In Rhode Island, if a police officer suspects you of driving under the influence you may be asked to submit to a breathalyzer test. If your BAC is found to be over the legal limit of 0.08% you will be immediately detained, and have your license revoked if found convicted. Driving under the influence is a serious crime, with equally serious consequences, including a permanently marred driving record, loss of license, higher insurance premiums, fines and penalties, and possibly time in jail.

If you are arrested in Rhode Island you will be brought to the police station while your vehicle is impounded. The officer will submit a highly-detailed report to the DMV where your right to operate a motor vehicle will be suspended or revoked for the duration of your case, indefinitely if convicted. Depending upon the details of the incident you may be eligible to request a DMV hearing within 10 days of your license revocation.

If you have been charged with a DUI in RI, contact Criminal Defense Attorney S. Joshua Macktaz now at (401) 861-1155 for a free consultation and more information.

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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 Lawyer Joshua Macktaz at 401-861-1155 or CONTACT him via email.

Domestic Assault and Battery in Rhode Island

Domestic assault and battery, a serious criminal charge, occurs when the crime of assault and battery is perpetrated in the home, or involves former family members or partners. Domestic assault and battery often occurs during legal proceedings such as a child custody disputes, divorce, or during the break up of relationships. Consider that any kind of altercation can result in an arrest for assault and battery, or domestic assault and battery, regardless of who is acting as an instigator or victim.

In many domestic assault and battery cases the victim may be motivated to lie in order to get revenge on the accused. Assault and battery are two different crimes and you may or may be charged with one or both, depending upon the circumstances of the case.

You may be arrested for domestic assault if you loosely threaten your spouse, or family member, commit an act of vandalism such as damaging property, or in some cases simply raising your voice during a verbal altercation may be seen as threatening and lead to charges.

Domestic battery is similar, but instead of threats, vandalism, or arguing, it must also involve physical contact, even if that contact is not considered violent. Examples of non-violent domestic battery include physically preventing a lover or family member from moving, spitting, shoving or striking an object that accidentally results in the injury of another person in the home, and many other similar situations.

If you have been charged with the Domestic Assault and Battery in Rhode Island contact Criminal Defense Attorney S. Joshua Macktaz now at (401) 861-1155 for a free consultation or more information

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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 Lawyer Joshua Macktaz at 401-861-1155 or CONTACT him via email.

DUI Charges From Eating Poppy Seeds

You would probably never even consider that eating your morning bagel could land you in a situation involving a DUI, but if you enjoy poppy seed bagels then you might want to read on…

If you have been charged with a DUI in RI, you need an experienced DUI Defense Attorney. Contact S. Joshua Macktaz now at (401) 861-1155.

The Poppy Seed Problem: These Little Seeds Can Cost you a DUI!

If you plan to snack on a poppy seed muffin before you head off to work, watch out! These little black seeds have been known to cause false drug test readings, and get people into trouble. They are one of the only legal substances that contain a small amount of illegal chemicals. These tiny black seeds are usually found in and on breads for seasoning, and contain small traces of morphine. They lead to positives for opiates, which can lead to a serious DUI charge. One doctor states that a pastry filled with these seeds will result in a "high opiate user" test reading. Sometimes, this can also create a positive reading on a heroin test. In rare cases, poppy seeds may cause a positive codeine rating.

The popular Discovery Channel TV show Mythbusters attempted to disconfirm the rumor that poppy seeds can skew a drug test in February 2011. One of the show stars, Adam, ate an entire loaf of poppy seed bread, while his co-host Jamie snacked on three poppy seed bagels. Every 30 minutes, both took a drug test to see their results. Adam tested positive for opium on his first try, thirty minutes after eating the bread. It took Jamie a bit longer to reach positive, but after two hours the poppy seeds had infiltrated her system and convicted her of opium use. The pair was convicted of drug use with every drug test that they took for the rest of the day. The next morning, 18 hours after the initial meal, both were clean.

Certain poppy seed items will yield higher readings than others. A couple poppy seed bagels or one pastry can often do the trick. Also, Purim cookies known as Hamantashen are known to have five to six tablespoons of poppy seeds each. Just a few of these will cause a high opiate reading. Watch out for casseroles, and salad dressings that have a high amount of poppy seeds as well. While these seeds do not have any of the effects of the drugs they are associated with, they definitely have the power to self-incriminate you.

In most cases, if you test positive on a drug test due to poppy seed problems, a GC/MS test can verify the issue and disconfirm your charge. Though poppy seeds have the same metabolites as opium, they have different chemical patterns then the ones in the heavy drug. Still, Medical Review Magazine states that it is difficult to interpret these chemical differences in a drug test and various court cases have proven that it is very possible to be charged with a DUI when the driver was simply snacking on a muffin.

In Chicago, a 20 year old man caused the death of another driver when he made an illegal U-turn and crashed into an oncoming vehicle. When the police arrived, the young man was issued a drug test. He tested positive, and was convicted of driving under the influence of morphine. Thankfully, an investigation proved that the opiate detected in his tests was really just the result of a muffin. In another instance in Pennsylvania, a woman tested positive on a drug test and confirmed to be an unfit mother. Her baby was taken from her because her drug tests showed that she was using opiate. The opiate was actually the result of an entrée with poppy seeds. Some wrongfully accused drivers have even sued because of their false charges. One woman in Florida won her case and received almost a million dollars in compensation. If you have been wrongly convicted of a DUI, you need an experienced lawyer to help your fight your case. Find a local attorney who knows the ins and outs of DUI law in order to prove your innocence and avoid serious consequences.

Driving Under the Influence DUI in RI

If you have been charged with a DUI, contact criminal defense attorney S. Joshua Macktaz now at (401) 861-1155 for a free consultation.

Over 1.2 million people are arrested for driving under the influence of alcohol every year in the United States. Citizens may be pulled over for minor offenses such as inspection stickers, broken tail lights or failing to use a blinker, only to be found over the legal blood alcohol (BAC) limit of 0.08%. Driving under the influence is a serious offense with serious consequences, including the revocation of your drivers license.

Once you are placed under arrest, a police officer will handcuff you and bring you to the police station immediately where he or she will fill out a report of the incident which will be forwarded to the DMV. After reviewing the report, revocation order, and any test results, the DMV will change the status of your license based on offense, and the law. .

You will be eligible to request a hearing from the DMV within 10 days of your suspension or revocation order. Each state may or may not include specific fines and reinstatement fees which will vary based on location. The ramifications of Driving Under the Influence has the potential to change your life forever.

Armed Robbery in RI Can Mean Long-term Imprisonment

Armed robbery and robbery are both considered theft crimes. Armed robbery, however, involves violence or the threat of violence, usually through intimidation with the presence of a weapon. Armed robberies carry more severe sentences than simple theft crimes because they usually involve a victim.

Armed robbery is a serious crime with a maximum sentence of upwards of 15 years. If you are a suspect in an armed robbery case you will immediately be questioned, and possibly brought into police custody. It is always in your best interest to have your criminal defense attorney present with you. If you do not have an attorney with you, it would be wise to refuse to answer any questions until you are allowed to have one present. Once charges have been officially filed, you will be read your Miranda rights and confined until your case is heard in a Rhode Island court of Law.

Sentences for armed robbery in the State of Rhode Island depend upon a number of important factors such as, whether or not the crime involved violence, monetary value of the goods stolen, and the quantity of items stolen. Factors such as the location of the crime, age of the offender, criminal history, and the type of weapon used may also play a role in determining the severity of the punishment. If you or someone you know has been charged with larceny or grand larceny, contact Criminal Defense Attorney S. Joshua Macktaz now for a free consultation at (401) 861-1155.

Your Right to Remain Silent

As a Criminal Defense Attorney I frequently come across legal documents that offer excellent information to the public - most recently, a document that provides an in depth description of your Miranda Rights and the Right to Remain Silent in reference to an arrest for a criminal violation. A short introduction to your Miranda Rights therefore follows below.

Based upon the 5th Amendment to the U.S. Constitution, and made into the law of the land by Miranda v. Arizona, Miranda Rights offer a specific set of rules governing police and law enforcement interaction with suspected criminals or those being questioned in relation to a crime. And while we are all familiar with the famous “right to remain silent” line, there are a good deal more rights enumerated in the amendment and Miranda text.

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” 5th Amendment, U.S. Constitution

For a more in depth understanding of Miranda Rights, visit JDSupra.

And of course, if you need the assistance of a criminal defense attorney in RI contact Josh Macktaz at (401) 861-1155.

RI Courthouse Cracks Down on Drinking in the Building

The policy against bringing liquids into the state courthouses is not new, merely being enforced. The full article follows below:

RI Judiciary bars public from bringing liquids into courthouses

January 17, 2012
By Tracy Breton

PROVIDENCE, R.I. -- The Rhode Island judiciary has instituted a new policy banning the general public from bringing liquids into any state courthouse. The policy has been in effect since 2007 in the Traffic Tribunal but has now been expanded, effective Jan. 9, to all courthouses throughout the state.

The ban -- which a court spokesman said has been instituted as a security measure -- applies to members of the public and anyone who is not a judge, juror, court staffer, Rhode Island lawyer or building tenant.

People will be allowed to buy beverages in the courthouse cafeterias, but if they go outside, they won't be allowed to bring the liquids back in.

Death Penalty Poll Yields Surprising Results

RI Criminal Defense Attorney S. Joshua Macktaz found the article below interesting. Rhode Island would be one of thirty-five current states that still have the death penalty.

R.I. state senator wants to reinstate death penalty / Poll
January 17, 2012
By News staff

PROVIDENCE, R.I. (AP) -- A Rhode Island state senator is seeking to reinstate the death penalty.
Should Rhode Island reestablish capital punishment? (818 votes)
Yes: 56.0% (458)
No: 42.5% (348)
Not sure: 1.5% (12)
Vote successfully recorded. Thank you.

Democratic Sen. John Tassoni said Tuesday the state must be empowered to execute society's worst criminals to deter violent crime and give justice to victims' families. He says his legislation was also motivated by Governor Chafee's decision last year to keep a man accused of murder in state custody when he could have faced a death penalty prosecution in federal court.

Tassoni's legislation would authorize the death penalty for those convicted of first-degree murder.

Rhode Island abolished capital punishment in 1852 but reintroduced it two decades later. Capital punishment was abolished again in 1984. The last execution in the state took place in 1845.

Client Testimonial RI Expungement

A client in Rhode Island needed an expungement of a criminal record. If you would like more information about expungement in RI, contact me at (401) 861-1155. Here is my client’s response following the procedure:

Thanks a lot for everything you did for me. I really appreciate all your efforts. Good Luck to you too. Once again many thanks. ~ D.

Narragansett Home Sale Mortgage Fraud Case

In a recent article on Boston.com, the fraudulent activity of Timothy and Eugene O’Brien is highlighted in connection with late crime boss Frederick Carrozza Sr. The brothers have been charged with obtaining money under false pretenses, conspiracy and money laundering.

Criminal Defense Attorney S. Joshua Macktaz posts the full article below:

2 brothers charged over $2.4 million RI house sale

People in the state real estate industry were “scratching their head’’ after an associate of a late New England crime boss sold his “mess’’ of a house in a weak market for almost $1 million more than the asking price to two brothers now facing criminal charges, a police affidavit says.

Authorities on Thursday announced the arrests of Eugene O’Brien and Timothy O’Brien, who are accused of pulling off a $2.2 million fraud to buy the Narragansett home of Frederick Carrozza Sr., who ran a business from the same Providence office as the late reputed mob boss Raymond L.S. Patriarca.

Narragansett real estate agent John Hodnett wrote in an email two months after the September 2006 sale that the $2.4 million deal was one of the most “bizarre’’ transactions the market had seen in a while.

“This home has been on and off the market over the past 10 years between 595K and $1.5 (million). It was last on the market for $1.5 (million) this past February,’’ Hodnett wrote in an email quoted in the affidavit. “To see this close at $2.4 (million) with a mortgage (of) $2.28 (million) is mind boggling and turning all of the comps upside down. Most people are under the assumption that there may be more than meets the eye on this one.’’

Investigators began looking into the sale of the home after the lender foreclosed last year, state police Lt. Michael Winquist said. A confidential source told authorities the sale price was suspicious and crimes may have been committed, he said.

Two area real estate agents told investigators the 4,900-square-foot home, located near a beach, was in poor condition in 2006 and required “a lot of money and work,’’ the affidavit said. An attorney who offered to buy the property from Carrozza for $1.2 million called it a “mess’’ and planned to raze it, the affidavit said. A forensic appraiser determined the house was worth $910,000 when it sold, Winquist said.

Carrozza, who is not facing charges, made about $2 million in the sale, the affidavit said. He did not promptly return a message seeking comment Thursday.

Eugene O’Brien, who is from Wesport, Mass., and has worked in the mortgage industry, made more than $95,000 from purchasing and refinancing the property, and Timothy O’Brien, an acupuncturist from South Kingston, made $100,000, the affidavit said.

They’re each charged with obtaining money under false pretenses, conspiracy and money laundering.

Eugene O’Brien, 50, and Timothy O’Brien, 55, financed the purchase with a mortgage from Coastway Credit Union in Cranston, Winquist said. He said $120,000 was given as a down payment but few mortgage payments were made.

DUI and Breathalyzer Refusal Dismissed and Expunged

If you have been charged with a DUI in RI, contact Criminal Defense Attorney S. Joshua Macktaz at (401) 861-1155 for assistance now.

Criminal Charges: Driving Under the Influence; Breathalyzer Refusal

Police Report: South Kingstown Police observe a Client traveling in the breakdown lane on route 1 south. Police activate lights and observe Client’s vehicle strike the curb as it pulls over. Upon approaching the vehicle, Police observed a moderate odor of alcohol, bloodshot and watery eyes and slurred speech. Client takes and fails 3 field sobriety tests. Client is arrested and refuses to take the breath test at the station.

Result:

Driving Under the Influence: DISMISSED AND EXPUNGED

Breathalyzer Refusal: DISMISSED WITH NO LOSS OF LICENSE