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.

Friday, February 10, 2012

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.

Wednesday, February 8, 2012

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.

Friday, February 3, 2012

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.