Wednesday, May 16, 2012

Operating With a Suspended License Case Results

If you have been charged with a criminal offense in Rhode Island, or if you simply need guidance and information about a personal legal matter, contact S. Joshua Macktaz, a RI Criminal Defense Attorney, at (401) 861-1155 now for a free consultation.

Criminal Charges: Leaving the Scene of an Accident; Operating with a Suspended License

Police Report: Tiverton Police are called to the report of an accident, but they are unable to find the vehicle involved when they arrive at the scene. Two witnesses identify Client as the driver of the vehicle who got into the accident and then drove away. The Client is later arrested with the car in Westport, MA.

Result:

Leaving the Scene of the Accident: DISMISSED

Operating with a Suspended License: DISMISSED

Friday, May 4, 2012

Marijuana charges in Rhode Island

According to statistics, the number of marijuana Users in the state of Rhode Island was estimated to be over 137,000. Whether or not you consider marijuana to be a serious drug, it is important to realize that a number of that magnitude demonstrates the chances of being caught. If you have been arrested for possession of marijuana, it is very important that you are familiar with the law.

Marijuana Possession - 1st offense

The state of Rhode Island considers marijuana to be an illegal drug, and despite the possibility of legalization in the not too distant future, recreational marijuana use is currently illegal. A first offender arrested for possession of under 1kg of Marijuana will be charged with simple possession. Simple possession is considered a misdemeanor, and typically results in a $200-$500 fine, 100 hours of community service, and the possibility of a 1 year prison sentence. A simple possession conviction may also require you to attend drug education class regardless of whether or not addiction is an issue.

Marijuana Possession - 2nd offense

Second offenders may be sentenced to 2 years imprisonment, 100 hours of community service, a $400-$1000 fine, and an additional stay in a drug rehab clinic. Due to the small size of Rhode Island, Individuals that risk getting caught with marijuana should also consider that laws change the moment you cross state lines. This means that you are subject to their laws regardless of where you permanently reside.

The Game-Changer

The majority of first and second-offense possession cases do not result in serious life-altering consequences such as prison terms, however if the amount of Marijuana found on your person exceeds 1kg, you may be subject to extremely serious penalties, especially if a court feels that you had the intent to sell. A possession charge in which you are found with an amount that exceeds 1kg of marijuana, will automatically grant you a mandatory prison sentence of 10 years. In addition to a severe prison term, you may also have to pay up to $500,000 in fines and have your driver's license revoked.

If you are currently facing possession charges in the state of Rhode Island, you should immediately contact Criminal Defense Attorney and former state prosecutor Joshua Macktaz at (401) 861-1155 for a free consultation now.

Friday, April 20, 2012

Pawtucket River Bridge Set to Open

If you are a truck driver and have received a Pawtucket River bridge ticket, contact S. Joshua Macktaz now at (401) 861-1155 for a free consultation or more information.

Route 95 Bridge across the Pawtucket River to open shortly
April 19, 2012
By Bruce Landis

PROVIDENCE, R.I. -- The state Department of Transportation is paving the new bridge carrying Route 95 northbound across the Pawtucket River, a final step before opening it and reducing truck detours around the deteriorated existing bridge.

DOT officials said that they will close Route 95 northbound entirely beginning at midnight to finish restriping the highway. The new bridge will be open in time for morning traffic, they said.

Once it opens, the DOT will shift northbound traffic onto the new bridge. That will allow lifting the 18-ton weight limit that has forced large trucks on Route 95 north to use local detours or longer highway detours.

RIDOT will then demolish the old northbound bridge and build a new span, expected to open by the end of 2012. This will allow removing the weight limit for Route 95 south traffic.

Friday, April 13, 2012

Potential Employers Could Use Background Checks

If you need help with an expungement for a criminal record, contact S. Joshua Macktaz at (401) 861-

Shoddy background check could cost you a job

By Herb Weisbaum, The ConsumerMan
Apply for a job and there's a good chance that potential employer will do a background check on you. Most U.S. employers (about 70 percent) conduct criminal background checks for all potential employees.

According to a new report from the National Consumer Law Center, the information provided by background screening companies is often wrong in some way.

"These reports really should be accurate. Unfortunately, too often, what we found is, they're not,” says Persis Yu, an NCLC staff attorney who worked on the “Broken Records”report.

Take the case of Samuel M. Jackson of Illinois, profiled in the report. Jackson was allegedly denied a job because of an inaccurate background check that said he was convicted of rape in 1987 – when he was just 4 years old. The conviction belonged to 58-year-old Samuel L. Jackson of Virginia, who was in prison at the time the background check was requested.

Virtually anyone with a computer and Internet service can go into the business of background screening. There is very little, if any, oversight.

“It’s really the Wild West out there,” Persis says. “They're not required to be licensed. They're not required to be registered. And yet they're generating billions of dollars in revenue with very little accountability."

I contacted the National Association of Professional Background Screeners to see what they had to say about this. After numerous emails and phone calls, I have not gotten a response.

In preparing its  report, NCLC contacted attorneys and community groups that work with people who are hurt by faulty background checks. They say these reports routinely mismatch people. This can be devastating when a person with no criminal background is confused with someone who has a criminal history. Such mix-ups are more likely if you have a common name.

“People are being denied employment because these companies are returning reports about the wrong person,” Persis says.

Background reports also commonly:

Omit crucial information about a case. For example: A person is arrested, but then found innocent.
Reveal sealed or expunged information, such as a juvenile offense.
Provide misleading information, such as a single charge listed multiple times.
Misclassify offenses, such as reporting a misdemeanor as a felony.
Even if you’re lucky enough to catch a mistake in a background check, it’s not always easy to get the error corrected.

“Many of these companies don't have very clear dispute processes,” Persis says. “Depending on the state and how the company got their records, it can take weeks or a month or more even to actually get the information corrected. By that time, a lot of times, the job is gone.”

The National Consumer Law Center wants the federal government to clean up the marketplace by creating rules that would ensure complete and accurate information. NCLC believes data providers should be registered, required to update their records each year and prohibited from making matches based solely on a person’s name.

Wednesday, April 11, 2012

Marijuana charges in Rhode Island

According to statistics, the number of marijuana users in the state of Rhode Island was estimated to be over 137,000. Whether or not you consider marijuana to be a serious drug, it is important to realize that a number of that magnitude demonstrates the chances of being caught. If you have been arrested for possession of marijuana, it is very important that you are familiar with the law.

Marijuana Possession - 1st offense

The state of Rhode Island considers marijuana to be an illegal drug, and despite the possibility of legalization in the not too distant future, recreational marijuana use is currently illegal. A first offender arrested for possession of under 1kg of Marijuana will be charged with simple possession. Simple possession is considered a misdemeanor, and typically results in a $200-$500 fine, 100 hours of community service, and the possibility of a 1 year prison sentence. A simple possession conviction may also require you to attend drug education class regardless of whether or not addiction is an issue.

Marijuana Possession - 2nd offense

Second offenders may be sentenced to 2 years imprisonment, 100 hours of community service, a $400-$1000 fine, and an additional stay in a drug rehab clinic. Due to the small size of Rhode Island, Individuals that risk getting caught with marijuana should also consider that laws change the moment you cross state lines. This means that you are subject to their laws regardless of where you permanently reside.

The Game-Changer

The majority of first and second-offense possession cases do not result in serious life-altering consequences such as prison terms, however if the amount of Marijuana found on your person exceeds 1kg, you may be subject to extremely serious penalties, especially if a court feels that you had the intent to sell. A possession charge in which you are found with an amount that exceeds 1kg of marijuana, will automatically grant you a mandatory prison sentence of 10 years. In addition to a severe prison term, you may also have to pay up to $500,000 in fines and have your driver's license revoked.

If you are currently facing possession charges in the state of Rhode Island, you should immediately contact criminal defense attorney Joshua Macktaz at (401) 861-1155 now for a free consultation or more information.

Friday, April 6, 2012

Holiday Weekends Prime Time for DUIs

Remember that holiday weekends are prime time for law enforcement to set up DUI checkpoints and patrols watching for drunk drivers. Drive safe, drive sober, and if you do get charged with a DUI in RI or MA contact DUI Defense Attorney Joshua Macktaz at (401) 861-1155 immediately for a free consultation or more information.


State police target drunken drivers, seat-belt violators
March 12, 2012
By Thomas J. Morgan


SCITUATE, R.I. -- State troopers over the weekend arrested 83 people, including 13 for driving while intoxicated, and issued 607 traffic tickets, including 126 for seat-belt violations, it was announced on Monday by Col. Steven G. O'Donnell, superintendent.

O'Donnell said the state police will continue to prioritize DUI and seat belt enforcement.

He reminded motorists that they can report dangerous drivers or hazardous roadway conditions by dialing 911 or *77 on cell phones.

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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.

Wednesday, April 4, 2012

Pawtucket River Bridge Set to Open Soon

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


New Pawtucket Route 95 bridge is in the home stretch
April 2, 2012 2:27 pm
By Thomas J. Morgan

PROVIDENCE, R.I. -- Work is to begin in a week that will lead to the opening of the first span of the new Pawtucket River Bridge, the state Department of Transportation announced Monday.

The DOT said it then will be able to cancel the 18-ton limit that has forced trucks and other large vehicles on Route 95 to take detours.

But, the DOT said, it must close Route 95 north's Exit 28 (School Street) for approximately two weeks beginning on April 9 to let workers complete construction in the area of the School Street off-ramp that cannot be done while it is open to traffic.

During the exit closure, motorists should use posted detours.

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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.

Friday, March 23, 2012

RI Medical Marijuana Dispensaries Still Slow in Coming

Rhode Island is still trailing in the building of several proposed and approved medical marijuana dispensaries. If you have been arrested relating to a marijuana crime, contact Criminal Defense Attorney S. Joshua Macktaz at (401) 861-1155 for a free consultation now.

No change in the U.S. Attorney's position on marijuana dispensaries
March 5, 2012
By W. Zachary Malinowski

PROVIDENCE, R.I. -- Last week's announcement that Governor Chafee and two legislators have reached an agreement to scale back the size of the state's three proposed medical marijuana dispensaries did not faze the state's top federal law enforcement official.

The dispensaries have received state Health Department approval, but in September, Chafee said he would not issue licenses because he was concerned the federal government would prosecute owners and others affiliated with the operations.

Peter F. Neronha, the U.S. Attorney for Rhode Island, issued a statement on Monday morning indicating that his office is not on board with the newly proposed legislation.

He said his office's position has not changed. Under federal law, marijuana is considered a dangerous Schedule I drug like heroin and LSD.

Wednesday, March 21, 2012

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.

Friday, March 16, 2012

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.

Friday, March 9, 2012

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.

Wednesday, March 7, 2012

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.

Friday, March 2, 2012

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.

Wednesday, February 29, 2012

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.

Friday, February 17, 2012

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.