Rhode Island Criminal Defense Attorney Macktaz

RI Courthouse Cracks Down on Drinking in the Building

2012-01-27T09:12:00.000-05:00

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

2012-01-25T09:33:00.000-05:00

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

2012-01-13T09:30:00.000-05:00

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

2011-12-30T09:36:00.001-05:00

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

2011-12-28T09:41:00.000-05:00

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

RI DUI Enforcement Using Extra Patrols Over Holidays

2011-12-26T08:35:00.001-05:00

Here in RI DUI offenses are taken very seriously. Before you decide to drink and drive, make someone a designated driver. But if you do make a mistake and end up pulled over, be sure to contact me at (401) 861-1155 for a consultation to discuss the charges being made, and what will be in your best interest moving forward.

RI steps up DUI enforcement over holidays

PROVIDENCE, R.I. (AP) -- Rhode Island officials say extra patrols will be out to ensure motorists drive sober throughout the holiday season.

Michael Lewis, director of the state's Department of Transportation, said Thursday that motorists should plan ahead by picking a designated driver before heading to holiday parties.

According to the National Highway Traffic Safety Administration, 37 percent of holiday season traffic fatalities are alcohol related. In December 2009, 753 people were killed in alcohol-related crashes around the U.S.

Lewis also urged residents to heed a new state law allowing police to detain and cite motorists for not buckling up, even if they haven't committed another offense.

Indecent Assault Charge in Boston MA

2011-12-21T09:48:00.000-05:00

If you have been charged with assault and battery, contact Criminal Defense Attorney S. Joshua Macktaz at (401) 861-1155 now for assistance.

BU Men’s Hockey Star Arrested
Corey Trivino is charged with indecent assault
By Art Jahnke

The starting center on the BU men’s ice hockey team was arrested Sunday night and charged with three counts of indecent assault and battery after he allegedly entered the room of a female student and attempted to kiss and grope her.

Corey Trivino (MET’12), the leading scorer in Hockey East, was also charged with two counts of breaking and entering in the nighttime and one count of assault with attempt to rape. Trivino, a Toronto native, pleaded not guilty to all charges at his arraignment yesterday in Brighton District Court. Judge David T. Donnelly set bail at $25,000 or surrender of Trivino’s Canadian passport and ordered Trivino to leave his BU dormitory room by 3 p.m. yesterday. Donnelly ordered a “status check” of the case on January 18.

Suffolk County Assistant District Attorney Cameron Merrill told the court that witnesses claim that an apparently intoxicated Trivino pushed his way into the room of a female student at 10 Buick St. and started kissing her and fondling her against her will. Trivino reportedly left the room at the student’s insistence, and she called the Boston University Police at about 11 p.m. Police arrived a short time later and placed Trivino under arrest.

Trivino, whose family flew in for his arraignment, appeared in court in handcuffs and a powder blue hoodie. He never spoke, standing hunched forward and head down throughout the court proceeding.

More Women Arrested for Drunk Driving Study Says

2011-12-16T09:25:00.000-05:00

The article below is startling really when you think about the number of women (moms) involved in M.A.D.D. (Mothers Against Drunk Driving). This is not to say that the women being arrested are mothers, though the article does mention that they are “primary care-givers to children”, simply that it is a surprising statistic in light of all the press generated by the organization as female supporters against drunk driving.

If you have been arrested for drunk driving in RI, contact S. Joshua Macktaz now at (401) 861-1155.

Please drive safely this holiday season.

Drunken Driving Arrests for Women Up 36 Percent

Washington, DC. Dec. 6 – The number of drunken-driving arrests for women has shot up in recent years according to a study being released today by the Traffic Injury Research Foundation.

They’ve increased 36 percent over the last decade.

In case you’re thinking about having a glass of wine or two before bringing your child to a friend’s house, here’s more to ruin the idea: The study also found that the average female drunk driver is older and better educated than her male counterparts. They also tend to hold lower-paying jobs and be primary caregivers to children.

That profile wasn’t a shock to researchers since the study, funded by the distillers’ association The Century Council, was triggered by the attention-getting accident in 2009 when a mother, Diane Schuler, drove her minivan down the wrong side of a New York highway. She caused a crash that killed herself, her daughter, her three nieces and three men in another car. It was later determined that she had been drunk and high.

Schuler’s was an extreme case that jolted attention to the unspoken truth that some parents drink to excess while caring for their children. Upsetting as it was, though, the news left many parents thinking that her drinking shared no resemblance to their own. A glass or two of wine during the day didn’t seem in the same league.

What today’s study reveals is that mothering and drinking may be a more common problem than we realize…

Marijuana Possession Charge Dismissed

2011-12-14T09:39:00.000-05:00

If you have been charged with a drug related crime or possession of marijuana, contact Criminal Defense Attorney S. Joshua Macktaz at (401) 861-1155 now for assistance.

Criminal Charges: Possession of Marijuana

Police Report: Client and a friend are sitting on a park bench in the middle of Occupy Providence smoking a marijuana cigarette. 2 undercover Providence Police officers walk up to Client and arrest him and seize an additional 3 grams of marijuana from his pocket.

Result:

Possession of Marijuana: DISMISSED AND EXPUNGED

Shoplifting Charge Dismissed

2011-12-07T09:36:00.000-05:00

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

Criminal Charges: Shoplifting

Police Report: Macy’s security observes Client removing the price tags off of clothing and jewelry and then placing them into a shopping bag. Client is confronted as she leaves the store and turns over approximately $300.00 worth of items. Client is arrested by the Providence Police.

Result:

Shoplifting: DISMISSED AND EXPUNGED

Holiday Hosting and DUI in RI

2011-12-02T12:03:00.000-05:00

One area of holiday party-going that is rarely discussed is the role of the party host in drinking and driving incidences and charges. In particular, if you are hosting a party where there will be underage guests and you are serving alcohol, anyone who is subsequently charged with a DUI, DWI, or other related substance abuse while driving charge, you may be held responsible and could be subject to a lawsuit.
In Massachusetts for example, parents are legally liable if they serve alcohol to minors or allow any underage drinking on their property. Some states have laws that open party hosts to tickets and criminal charges for allowing underage drinking.
These laws are designed to protect teens from the harmful effects of alcohol, while making parents and hosts equally liable for damages caused by them in the event of an accident, injury, or property damage.
Some of the penalties for this can also involve a civil lawsuit, fines of upwards of thousands of dollars, and jail time, or all of these. Parents or hosts may also be required to pay medical bills and other damages suffered by the teen themselves, as well as any other person involved in the incident.
If you are a parent and are concerned about your teen's activities while you are not at home; which also falls under any host liability rules, contact S. Joshua Macktaz, an experienced DUI and Criminal Defense Attorney who can help you discover the answers to questions like, whether or not you need to lock up any alcohol while you are not home, whether the liability for social host in situations where teens have their own alcohol and are drinking without your knowledge, and whether your homeowner’s insurance will cover your losses.
The phone number for Attorney Macktaz is (401) 861-1155 and he can be reached by email at Joshua.Macktaz@gmail.com

DUI Charge Reduced to Reckless Driving in RI

2011-11-30T09:32:00.000-05:00

If you have been charged with reckless driving or DUI in RI, contact S. Joshua Macktaz at 401-861-1155 for assistance.

Criminal Charges: Driving Under the Influence with B.A.C. >.15

Police Report: State Police observe a vehicle weaving in between lanes and traveling in the breakdown lane on route 95. Upon stopping vehicle, Troopers observed a strong odor of alcohol, bloodshot and watery eyes and slurred speech. Client has difficulty exiting the vehicle and nearly falls into traffic. Client takes and fails 2 field sobriety tests. Client is arrested and takes the breathalyzer at the barracks blowing a .124 and .126.

Result:

Driving Under the Influence: REDUCED to Reckless Driving with NO LOSS OF LICENSE

DUI and Disorderly Conduct Case Results

2011-11-23T09:28:00.000-05:00

An automobile accident that lead to a DUI and Disorderly Conduct has a good outcome.
If you have been charged with a DUI, DWI, or Disorderly Conduct charge in RI, contact S. Joshua Macktaz at (401) 861-1155, or use the confidential contact form HERE for assistance.

Criminal Charges:    Disorderly Conduct

Police Report:    Client is in an automobile accident and police respond and immediately notice a strong smell of alcohol on Client’s breath, severely blood shot eyes and mumbled speech. Client staggers out of the car, admits to drinking and fails 3 field sobriety tests. Client takes the breathalyzer at the station and blows a .217 and .219.

Result:
Driving Under the Influence:
REDUCED TO RECKLESS DRIVING AND NO LOSS OF DRIVER’S LICENSE
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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 Disturbance Felony Breaking and Entering Case Result

2011-11-18T09:30:00.000-05:00

If you are in need of a Disorderly Conduct Defense Attorney in Rhode Island, contact S. Joshua Macktaz now at (401) 861-1155
Criminal Charges: Felony Breaking and Entering-Domestic
Police Report: Client and his girlfriend get into an argument, and break-up, while out for dinner. Client’s girlfriend leaves the restaurant in a cab and goes home. Client proceeds to call/text his girlfriend at least fifteen (15) times and his girlfriend refuses to answer. Client then travels to her house at 3am, climbs up the fire escape, opens her kitchen window and enters her apartment. She wakes up and calls the Pawtucket Police who arrive and arrest Client.
Result:
Felony Breaking and Entering-Domestic: DISMISSED AND EXPUNGED

Marijuana Possession Case Result

2011-11-16T09:30:00.000-05:00

If you have been involved in a DUI, Accident or Criminal Matter in RI, contact S. Joshua Macktaz now at (401) 861-1155

Criminal Charges: Possession of Marijuana
Police Report: Little Compton Police are assisting with parking at the beach during Hurricane Irene. On the way to go surfing at the beach, Client smokes a marijuana cigarette in his car. Upon arriving at the beach, Client drives by police officer, opens his window and asks where he can park. Police immediately smell the freshly burnt marijuana and arrest Client. A subsequent search finds approximately 2 additional grams of marijuana in Client’s car.
Result:
Possession of Marijuana: DISMISSED AND EXPUNGED

Biggest time for DUI's? Not When You Think....

2011-11-12T05:32:00.000-05:00

Most people would assume that the largest amount of DUIs happen around New Year's Eve, the Fourth of July, or even Christmas.

In fact, the biggest holiday for drunk driving offenses is coming up in November... Thanksgiving. People generally tend to feel like having a good time when they get together with family and share good food. This makes Thanksgiving the holiday with the highest incidence of drinking and driving.

Be safe this holiday season and drink in moderation or not at all if you're driving. For many people .08 is little more than one drink.

If you should find yourself in a bad situation facing a DUI charge, contact S. Joshua Macktaz at (401) 861-1155, or use the confidential contact form HERE for 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 Case Result

2011-11-11T09:30:00.000-05:00

If you have been involved in a Domestic Assault or Domestic Violence of any kind in RI, contact Criminal Defense Attorney Macktaz at (401) 861-1155 or use the confidential contact form HERE for more information.

Criminal Charges: Domestic Assault and Battery; Domestic Disorderly Conduct; Assault and Battery on a Police Officer

Police Report: Warwick Police are called to a party where Client was being held down by party goers who observed her punching her boyfriend in the head. When Police arrive, Client continues to yell and curse at them, and then kicks and punches at the officers as she is being arrested.

Result:
Domestic Disorderly Conduct: DISMISSED AND EXPUNGED
Domestic Assault and Battery: DISMISSED AND EXPUNGED
Assault and Battery on Police Officer: DISMISSED AND EXPUNGED

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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 Accident Case Result

2011-11-09T09:30:00.000-05:00

If you have been charged with Driving Under the Influence in RI, contact Criminal Defense Attorney Macktaz at (401) 861-1155, or use the confidential contact form HERE for more information

Criminal Charges: Driving Under the Influence (with blood-alcohol level over .15)
Police Report: East Greenwich Police respond to an automobile accident on route 95. Client’s vehicle was witnessed speeding and weaving in and out of lanes without a directional before Client lost control and car flipped over and landed on its roof. A blood sample taken at the hospital showed Client’s blood-alcohol level was .41
Result:

Driving Under the Influence: DISMISSED AND EXPUNGED

Boating Under the Influence Case Results Reported

2011-11-04T09:30:00.000-04:00

In Rhode Island, the Ocean State, boating is as popular as driving, and when done under the influence, can yield the same hazards.

Criminal Charges: Driving Under the Influence

Police Report: Charlestown Police get a report of a motorboat being driven at excessive speeds in and out of the breach way. When police arrive they observe Client removing his boat from the water and onto a trailer. Client fails to stop when Police order him to stop, and is eventually pulled over on the highway. Police observe a strong odor of alcohol, bloodshot and watery eyes and slurred speech. Client takes and fails 3 field sobriety tests. Client submits to breathalyzer at the Charlestown Police station with readings of .111 and .113

Result:
Driving Under the Influence: REDUCED TO RECKLESS DRIVING AND NO LOSS OF DRIVER’S LICENSE

If you are being charged with a criminal offense you need the help of an experienced professional criminal defense attorney. Contact S. Joshua Macktaz now at (401) 861-1155 or use the contact form HERE for 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.

Road Rage Brings Criminal Charges and Injuries

2011-11-02T09:30:00.000-04:00

With so much traffic, so many drivers, and all of us in a hurry to get where we are going, it is vitally important that you manage the stress of driving on the road at all times to avoid accidents, or worse.
If you have been charged with a criminal offense in RI or MA, contact Criminal Defense Attorney S. Joshua Macktaz in RI at (401) 861-1155 or use the contact form HERE for more information.

Road Rage Near Boston University Results In Assault, Battery And Motor Vehicle Criminal Charges
September 20, 2011
Last week, the Boston Criminal Lawyer Blog discussed criminal prosecutions which result from unintentional acts. One of the things we discussed was Massachusetts motor vehicle crimes that result from car accidents.
Of course, not all such prosecutions result from mere accidents.
Take an incident at Boston University which occurred last week. There was a road rage incident which really got out of hand and resulted in the arrest of two men on Commonwealth Avenue.
The matter apparently came to the attention of law enforcement while it was in mid-stream. Their attention was first drawn to 42-year-old Nick Miller (hereinafter, “Bike Smasher”) as his vehicle struck a bicyclist. Bike Smasher’s car dragged the bicycle and the victim through a red light. Upon further inspection, they noticed that the car’s windows were broken.
However, this turned up to be the tip of the proverbial iceberg.
Apparently, after the bicyclist was struck and dragged, another gentleman entered the scene. Leaving a vehicle on the other side of the intersection came 39-year-old Rocky Jace (hereinafter, “Slugger”). He was carrying a tire iron. He then used the tire iron to smash Bike Smasher’s windshield.
According to witnesses, Bike Smasher and Slugger had been engaged in a road-rage fight before the bike was hit. It was at that time that Slugger apparently broke the rear and side windows of Bike Smasher’s vehicle.
Now, after the striking of the bike, Slugger was back to continue the job.
However, the police on the scene had other ideas. They charged Slugger with Massachusetts Assault and Battery by means of a Dangerous Weapon, Driving to Endanger, Malicious Destruction of Property and various motor vehicle violations. Bike Smasher was charged with assault and battery and malicious destruction of property.
Both gentlemen are apparently from Providence and knew each other from work.
The bicyclist is a recent College of Arts and Sciences graduate. He indicates that he is grateful to be alive and does not remember jumping from his bike, which probably saved him. He reportedly had bruises and scrapes but refused medical attention.
That is not likely to help the resulting civil lawsuit.
The bicycle, according to accounts, was damaged beyond repair.
Read Samuel Goldberg's assessment HERE

Disorderly Conduct Charge for Newport RI Client Dismissed

2011-10-28T09:30:00.000-04:00

Recent results for a Newport RI client charged with disorderly conduct.

Criminal Charges: Disorderly Conduct

Police Report: Newport Police find Client passed out in a public park with pants and underwear pulled down to his ankles. Client had defecated on himself and his clothes, and was arrested for Disorderly Conduct.

Result:
Disorderly Conduct: DISMISSED AND EXPUNGED

Drug Charges Dismissed in Central Falls Case Against Client

2011-10-26T09:30:00.000-04:00

If you are being charged with a drug crime in RI or need help with any other criminal matter contact Criminal Defense Attorney Macktaz at (401) 861-1155, or use the confidential contact form HERE

Criminal Charges: Possession of Between 1 Kilogram and 5 Kilograms of Marijuana; Possession with the Intent to Deliver Marijuana; Conspiracy

Police Report: Central Falls Police use a confidential informant to make a controlled buy of 5 pounds of marijuana from Client. Client arrives at the pre-determined place and time carrying a large dark trash bag. Police approach Client and Client is arrested. Client later gives a full confession to the Central Falls Police admitting that he sells marijuana,

Result:

Possession 1-5 Kilograms of Marijuana: 10 years Probation; NO TIME TO SERVE IN PRISON

Conspiracy: DISMISSED

Disorderly Conduct Case Result

2011-10-14T10:15:00.002-04:00

If you are in need of a Disorderly Conduct Defense Attorney in Rhode Island, contact S. Joshua Macktaz now at (401) 861-1155

Criminal Charges: Disorderly Conduct

Police Report: Lincoln Police are called to the Twin River Casino for a loud, drunk and belligerent male at the cab stand. When police arrive, they observe Client yelling and swearing at the Valet and the security team, drawing attention from other patrons. Client refuses to lower his voice or leave the area when asked by Police and is arrested for Disorderly Conduct.

Result:

Disorderly Conduct: DISMISSED AND EXPUNGED

Another Staunch Ally of the Uselessness of DUI Checkpoints Speaks Out

2011-10-10T12:32:00.002-04:00

The following editorial spotlighting Attorney Lawrence Taylor certainly struck a chord for me as well. It offers a viewpoint rarely discussed about drunk driving, and gives an insider view to what motivates Criminal Defense Attorneys to do what they do.

As always, if you are charged with a drunk driving offense in Rhode Island, make me your first call. S. Joshua Macktaz, (401) 861-1155, by email at joshua.macktaz@gmail.com, or use the contact form on my website HERE

Enjoy the article.

A Softer View of a DUI Lawyer
September 23, 2011

Because of my views over the years on DUI laws and law enforcement, I’ve grown used to being the target of media, government and social criticism ("How can you defend those drunk drivers!"). So it was a pleasant surprise to read in my hometown newspaper a more flattering account of my views and activities…

Making a DUI Defendant’s Case

Long Beach, CA. Sept. 20 — What Lawrence Taylor does for a living doesn’t exactly put him on the side of political correctness.

In fact, he’s at the opposite end of the spectrum from Mothers Against Drunk Drivers.

He defends people accused of drunk driving, a lot of them, thousands of them since he began doing so on a full-time basis in 1979.

He acknowledges he’s about as popular with MADD as, say, a liquor salesman is who shows up at an AA meeting preaching the virtues of drinking.

"Those accused as drunk drivers these days are stigmatized almost in the same league as child molesters," says the Long Beach resident.

During his 42 years in the law profession in which he represented the notorious Onion Field killer (Gregory Powell) before the California Supreme Court and was the legal adviser to the judge of the Charles Manson trial (Charles Older), Taylor has been a deputy county counsel, a deputy public defender, a deputy district attorney, an independent special prosecutor and a criminal lawyer.

He has been a professor at the Gonzaga University School of Law, a visiting professor at Pepperdine University and a Fulbright Professor of Law at Osaka University in Japan.

He has been a Marine, a boxer, a triathlete, a football player at San Pedro High and a water polo player at the University of California.

Prolific writer

He has written 14 books, several of them critically acclaimed, including the historical, "A Trial Of Generals (Homma, Yamashita, MacArthur)," the true crime tale "To Honor And Obey," and the legal textbook "Drunk Driving Defense."

It is the latter subject that has been Taylor’s legal focus for more than three decades and that has resulted in his becoming perhaps the most famous, if not most respected, DUI attorney in the country.

He not only has written two books on the subject – the other is called "California Drunk Driving Defense" – but also has lectured on DUI trial techniques and constitutional issues at more than 200 seminars in 38 states and is one of the 13 founders of the National College DUI Defense, which accorded him a Lifetime Achievement Award at a Harvard Law School ceremony in the summer of 2002.

He has been interviewed countless times on NPR, Court TV and other TV outlets, and has been featured in the Wall Street Journal, USA Today, People, Playboy, the American Bar Association Journal, the Christian Science Monitor and other publications.

He maintains offices in Long Beach, Irvine, Riverside, Pasadena and Brentwood, and his Internet narrative – duiblog.com – has become imperative reading for legal scholars interested in the subject. The blog is the one most visited in the DUI arena on the web.

He has strong opinions on a lot of areas in his field of expertise, but none are more passionate than his withering critique of DUI checkpoints, which have become a familiar weekend evening sight on Pacific Coast Highway in Seal Beach and also are occasionally seen in Long Beach.

"To me, the checkpoints are in clear violation of the U.S. Constitution’s Fourth Amendment, which forbids unlawful searches and seizures," says Taylor. "I know they are permissible under the Supreme Court’s 1990 ruling in the Michigan Department of State Police v. Sitz, a 5-4 ruling that eroded liberty to facilitate a compelling interest in reducing fatalities. Checkpoints would be easier to accept if they actually improved public safety, but most public safety experts acknowledge that traditional policing, in which officers look for drunken drivers while patrolling, is more productive.

"Drunk drivers kill. Those who drink, even a little, have no business getting behind the wheel of a motorized vehicle for the rest of the day. Society needs to eradicate drunk driving, but checkpoints aren’t the answer."

In one of Taylor’s recent blogs, he wrote, in part: "Colorado Springs police detained 1,420 drivers last Saturday in yet another ineffective effort to catch drunken drivers. As a result of detaining thousands and countless passengers, police cited eight – a whopping .56 percent – on suspicion they had driven under the influence.

"Meanwhile, cops working the checkpoints were not on the roads providing legitimate public safety."

The OT factor

He went on to cite a University of California investigation that revealed checkpoints generated more than $30million in annual overtime income for police officers in California.

"Checkpoints, which are funded with transportation grants, are public relations stunts," wrote Taylor. "Our police are supposed to protect and serve the public, not detain individuals to generate publicity and overtime pay. The fact is that most roadblocks are increasingly a means of illegally using DUI roadblocks to stop vehicles to find minor violations such as equipment violations, expired car registrations and drivers licenses not in possession. As long as local governments continue to rake in desperately needed revenues from these fraudulent police practices, roadblocks will continue."

Naturally, Taylor has a similarly strong aversion to the Breathalyzer and similar tests that police employ on suspects believed to be under the influence of alcohol.

"I’ve seen people blow more than a .08 (the legal limit), and have no alcohol in their system," he says. `The human body is infinitely variable, and the machine assumes that all human bodies have identical characteristics, which they don’t. And then there was another case I once had in which (a) guy accused of drunk driving took a blood test to prove that he hadn’t even had a drink. Well, the blood test came back, and showed a .15 reading. We sent the blood out to be DNA tested by an independent laboratory, and it turned out that it wasn’t even my client’s blood. The police lab had mixed up the tests. We got him off."

A 1959 graduate of San Pedro High, Taylor attended UC Berkeley for a year before deciding to do a hitch in the Marines.

"My time in the Marines was the best thing to happen to me," he says. "All I was doing that first year at Cal was play sports, drink and chase girls."

He later returned to Berkeley, decided to become a lawyer instead of a veterinarian, and wound up graduating from the UCLA Law School in 1969.

"One of my jobs when I was a deputy county counsel was giving legal advice to Judge Charles Older during the Manson trial," says Taylor. "It was on a variety of points, including the gag order he implemented.

"And, after I went into private practice, I was appointed by the State Court of Appeals to represent Gregory Powell, who was convicted of murder and given a death sentence in the `Onion Field’ killing of a Los Angeles cop in a case that was detailed in a best-selling book written by Joseph Wambaugh. Powell’s death sentence got overturned, but not his murder conviction.

"I also later was selected with two other attorneys to serve as an independent special prosecutor in a grand jury investigation of political corruption in Montana that was focused on the governor. I lived in the state’s capital, Helena, for a year."

In 1979, Taylor turned permanently to defending those accused of DUIs.

"To be honest, I just got tired of defending murderers, rapists, thieves and the like," he says. "And I also was concerned about the constitutional and evidentiary issues in regard to blood and breath alcohol tests."

Larry Taylor has lived an active and colorful existence, and has been married four times.

He has been with his current wife Judy, a nationally known consultant in child mentoring programs and, ironically, a teetotaler, for the past 18 years.

"I finally got it right this time," says Taylor, who has a son, Chris Taylor, 32, who is an Orange County public defender.

Well-traveled

The Taylors have a bayfront home in the tony Treasure Island area of Naples, and take exotic vacations – Tanzania, Kenya, Cambodia, Vietnam, Nepal, Galapagos Islands and the Antarctic – throughout the world when they manage to get a few weeks away from their busy schedules.

Taylor, 69, is a fitness devotee who lifts weights, paddleboards, kayaks, cycles and swims regularly across Alamitos Bay to the Peninsula.

He is also similarly committed to what has become his calling in life.

"The same forces that created the Volstead Act and Prohibition in 1919 are doing the same today, but in a more disingenuous manner with checkpoints and Breathalyzers and the continual lowering of the legal blood-alcohol limit," he says. "Now they’re trying to get it down to .05. I was giving a lecture at Harvard a while back, and had my wife come up and blow into a Breathalyzer. She blew a .04. And she’s never had a drink in her life. I’m against drunk driving. I’m also against having our civil liberties curtailed, which is what has been happening with ominous frequency in recent years."

Are DUI checkpoints just another way to pass out unrelated offense tickets by law enforcement?

2011-10-10T12:19:00.002-04:00

We all want to see an decrease in drunk driving and better arrest procedures by law enforcement. However, when the cure appears worse than the disease we need to begin to question the validity of DUI checkpoints that net more unlicensed drivers and immigrants and support violations of our 4th Amendment rights; which extends to protect even those in this country illegally.

If you have been charged with a DUI or drunk driving offense, contact S. Joshua Macktaz at (401) 861-1155 or use the contact form HERE for more information.

DUI Checkpoints: Good Tool for Getting Drunks Off Streets or Violating the Constitution?

Karina Ioffee
September 20, 2011
DUI checkpoints were created to stop drunk and other dangerous drivers. But according to statistics, they end up apprehending more unlicensed people—usually undocumented Latino immigrants who don’t qualify for a driver’s license.

In 2010, a total of 215 people were arrested at DUI checkpoints, but only 25 were for driving under the influence. In comparison, more than half--117--were cited for not having a license, according to the Petaluma Police Department. Most had their car impounded for 30 days, the maximum penalty under California law.

Now a new bill, sponsored by Michael Allen (D-Santa Rosa), wants to revamp the way law enforcement conducts checkpoints by publicizing their location at least two hours beforehand. To buttress his legislation, Allen is relying on a 1987 California Supreme Court decision, Ingersoll v. Palmer, that ruled that checkpoints were fine so long as they met certain criteria.

These include:

Requiring officers to use a neutral formula to select vehicles to be stopped, such as every vehicle or every third vehicle, rather than leaving it up the officer in the field
Selecting locations with a high incidence of drunk driving
Requiring that checkpoints be announced in advance in order to reduce their intrusiveness, including by flashing bright lights.

The last point is vital, say Allen and backers of the legislation, so as to not violate the Fourth Amendment, which protects people—including those in the country illegally— from unreasonable search and seizure.

But a 1993 court decision, known as People v. Banks, ruled that the police did not need to give advance notice when scheduling DUI sobriety checkpoints and that publicly announcing their location was not constitutionally required.

That's the view the Petaluma Police Department appears to be backing, arguing that letting people know the location of a checkpoint renders them less effective.

“Drunk drivers are not going to drive through the checkpoints, they're going to drive somewhere else,” Petaluma Interim Police Chief Danny Fish told the Press Democrat.

In an interview with Patch earlier this year, Sgt. Ken Savano, who heads the department’s traffic unit, defended the checkpoints as an effective prevention tool, despite the low apprehension rates for drivers under the influence.

“Even though we don’t apprehend that many people, it’s the education and the deterrent that matter in the overall,” Savano said.

Blood Alcohol Limit May Not Be Indicative of Sobriety

2011-10-04T11:13:00.000-04:00

Just because you are under your limit, may not necessarily mean that you are under the legal limit. Always use caution when driving after drinking even one or two beers. Everyone’s body is different, and what may be a perfectly ‘legal’ amount of alcohol to one person, may put you well over the legal limit and net you a DUI in the process.

If you have been charged with a DUI or DWI, you need professional legal assistance immediately to preserve your rights, and possibly your freedom. Contact DUI Defense Attorney S. Joshua Macktaz at (401) 861-1155 or use the contact form HERE for more information.

Man arrested on DUI charges twice in same night

Associated Press

WASHINGTON, Pa. - Police have charged a man in western Pennsylvania with driving drunk twice in the same night -- the second time about 15 minutes after they released him into the custody of a friend.

Online court records don't list an attorney for 58-year-old Robert Brodnick, of Washington, Pa., who was arrested Monday night by state police.

Police charge that when Brodnick was arrested his blood-alcohol limit was at least double what the law allows. Trooper Joseph Christy says troopers released Brodnick to the custody of a "responsible party" but say that person must have dropped Brodnick off at his vehicle because the same trooper who arrested Brodnick saw him driving again.

Brodnick tells WPXI-TV that he had two or three beers and just wanted to drive his new car home.

Teen Sues Over Unnecessary Breathalyzer Test

2011-09-29T11:02:00.001-04:00

Where is the line crossed between pulling over someone suspected of drunk driving, and completely ignoring protocol in favor of a personal agenda?

If you have been charged with a DUI or DWI, you need professional legal assistance immediately to preserve your rights, and possibly your freedom. Contact DUI Defense Attorney S. Joshua Macktaz at
(401) 861-1155 or use the contact form HERE for more information.

MADD’s “War on Drunk Driving” Marches On

September 22, 2011
Lawrence Taylor
A few years ago, MADD readjusted their prohibitionist crosshairs from drunk drivers to include under-age drinking generally – regardless of any driving. As I pointed out in a previous post (MADD continues shift toward prohibition), the organization amended their official "Mission Statement" of preventing drunk driving:

By 1999, MADD had greatly expanded its work on preventing underage drinking and emerging research underscored our efforts to prevent youth alcohol use. MADD’s efforts in this area were also encouraged and supported by the government, corporations, educators, the media and public. The mission statement was officially changed to make preventing underage drinking a free-standing prong of the mission. The updated mission, which continues to guide the organization today, read “The mission of Mothers Against Drunk Driving is to stop drunk driving, support the victims of this violent crime and prevent underage drinking.”

So…where are we going with MADD’s so-called "War on Drunk Driving"?

Boy, 13, Suing Livonia Over Forced Alcohol-Breath Test

Detroit, MI. Sept. 20 – A 13-year-old boy is suing the city of Livonia for allegedly forcing him and his friends to take an alcohol-breath test without a warrant during a school picnic, according to a lawsuit filed in federal court today.

According to the lawsuit: “A 13-year-old middle schooler with no history of alcohol abuse or disciplinary problems, was forced to take a breathalyzer test by the Livona police based on an unfounded accusation that he had been drinking during a school field trip to Rotary park.”

The breath test ultimately showed that the boy – an 8th grader at Discovery Middle School in Canton – had not been drinking, “but he should not have been subjected to the procedure in the first place,” the suit stated.

The American Civil Liberties Union, which filed the lawsuit on behalf of the boy and his mother, said the breathalyzer amounted to an unlawful search under the Fourth Amendment.

“Federal and state courts have ruled over and over again that if a teen is not driving, the police need a search warrant to administer a breath test,” said ACLU staff attorney Dan Korobkin. “The Fourth Amendment’s warrant requirement is designed to prevent exactly what happened in this case. When there is no evidence that a child has done anything wrong, he should never be subjected to this degrading and embarrassing procedure in front of his teachers and peers.”

According to the lawsuit, the incident happened during an eighth grade graduation celebration in Livonia’s Rotary Park. The plaintiff, who had graduated from Discovery Middle School in Canton, went into the woods with some friends for a short walk, the lawsuit stated.

When they returned, they were accused of drinking by the assistant principal who had followed them into the woods and found an empty liquor bottle on the ground, the suit stated. The students said that the bottle did not belong to them and that they weren’t drinking, but the assistant principal didn’t believe them and called the police, the lawsuit said.

When officers arrived, they forced the students to take a breath test without their consent, and without notifying the parents of the accusations, the ACLU argues.

The teens each registered a blood-alcohol level of 0.00, proving their innocence.

“My son has always been taught to respect his educators and law enforcement,” said Tina Barbee, the plaintiff’s mother, said in an ACLU press release. “In June, he was taught a very different lesson – educators and police make mistakes. Although a wrong was done, I truly believe it can be made right. My son is standing up for his constitutional rights so that what happened to him doesn’t have to happen to anyone else.”

MADD is well along the path toward its eventual goal.

Disorderly Conduct Charges Dismissed

2011-09-28T05:53:00.003-04:00

A Newport RI client faces Disorderly Conduct Criminal Charges for public urination.

Criminal Charges: Disorderly Conduct

Police Report: Newport Police observe Client urinating on the side of a building outside a local bar and he is arrested for Disorderly Conduct.

Result:
Disorderly Conduct: DISMISSED AND EXPUNGED

If you are being charged with a criminal offense you need the help of an experienced professional criminal defense attorney. Contact S. Joshua Macktaz now at (401) 861-1155 or use the contact form HERE for 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.

Massachusetts Judge Panel Declines Imposition of Disciplinary Sanctions on Boston Federal Prosecutor

2011-09-21T09:39:00.002-04:00

The article below discusses a recent situation concerning due diligence in a Boston criminal proceeding where a Federal prosecutor was sanctioned for withholding exculpatory evidence during the proceeding.

Of note is the court’s opinion that “want of diligence isn't the same as sanctionable "intentional avoidance of evidence".”

The full article, and link to the original, follows below.

Federal prosecutor cleared of professional misconduct charges

Sheri Qualters
September 16, 2011

A three-judge panel in the District of Massachusetts has declined to impose disciplinary sanctions on Boston federal prosecutor Jeffrey Auerhahn for judicial findings that Auerhahn's withholding of exculpatory evidence prompted the release of purported mobsters from prison.

In a Sept. 15 order in In the Matter of Auerhahn, a majority of the panel concluded that the allegations of professional misconduct were not proven by clear and convincing evidence. The panel consisted of District of Massachusetts Judges George O'Toole Jr., William Young and Rya Zobel, but it did not indicate which two formed the majority.

The bar counsel had asked the court to suspend Auerhahn from practicing law for two years.

The case came about because of a June 2007 letter sent by Chief Judge Mark Wolf of the District of Massachusetts to the bar counsel.

Wolf found that Auerhahn failed to disclose that a government witness had recanted some statements about the role two alleged mobsters played in a Boston murder.

Wolf found that Auerhahn's misconduct occurred during the prosecutions of Vincent Ferrara and Pasquale Barone. The conduct occurred between 1991 and 1993 and was disclosed to the court in August 2002.

In 2003, Wolf conceded to a request by then-U.S. attorney for the District of Massachusetts Michael Sullivan to let the U.S. Department of Justice's Office of Professional Responsibility investigate first before Wolf filed a bar counsel complaint.

In 2005, the OPR found that Auerhahn had acted in reckless disregard of discovery obligations by failing to document the statements of a cooperating witness, Walter Jordan. The OPR also found that Auerhahn exercised poor judgment by failing to comply with a court order to submit his notes from meetings with Jordan. Sullivan privately disciplined Auerhahn with a written reprimand.

After the bar counsel filed its petition against Auerhahn in August 2009, the matter was referred to Wolf in his role as chief judge. Wolf turned the case over to Judge Joseph Tauro, the senior active judge in the distinct, who tapped the panel.

The panel denied Auerhahn's motion to dismiss in January 2010. In July, it pared the bar counsel's petition to two separate misconduct instances. The first was failing to preserve and disclose exculpatory evidence to defense counsel in the Barone and Ferrara prosecutions. The second was failing to produce a trial outline that contained notes about his 1991 meeting with Jordan concerning Jordan's upcoming testimony, when Wolf first ordered him to do so in 2003. Auerhahn later turned over the trial outline, and explained to OPR that his delay was because Wolf had asked for "notes" and he considered his trial outline attorney work product.

The panel heard arguments in the case last December.

The panel majority wrote that, based on the evidence, it could not conclude that Auerhahn knew that Jordan had made a certain statement to Boston police department detective Martin Coleman, who was also working on the Organized Crime and Racketeering Section of the New England Strike Force.

The so-called "no permission statement" was that Barone had not gotten Ferrara's permission to kill Vincent James "Jimmy" Limoli in 1985. According to the opinion, Limoli was an associate under Ferrara's direction in the Patriarca crime family of La Cosa Nostra.

"We simply find the evidence too unreliable and inconsistent to meet the standard of proof that we have adopted," states the opinion.

The opinion goes on to say that "the court is not persuaded by the evidence" that Auerhahn ever saw Coleman's handwritten memorandum about his conversation with Jordan.

The opinion notes that it's unclear when Coleman wrote the memorandum and under what circumstances. The panel majority concluded that the "evidence does not enable us to confidently resolve" the conflict between Auerhahn's testimony that Coleman didn't give him the memo and Coleman's testimony that he did.

In addition, the opinion observes that the late discovery of the memorandum in a file cabinet used by Jordan suggests that it wasn't handled according to normal Strike Force procedures: "If, having seen the memorandum, Auerhahn had some sinister purpose to hide it, the wastebasket would have served that purpose better than Coleman's file cabinet."

The opinion goes on to state that Auerhahn "can fairly be faulted" for failing to document more carefully what Jordan said to government agents, including him.

But the opinion also criticizes Auerhahn for improper note taking of his own meeting with Jordan following Jordan's meeting with Coleman. According to the opinion, Auerhahn made additions or amendments to a trial outline instead of taking separate notes about the meeting with Jordan: "In the circumstances, that was too casual an approach for him to take to the matter."

That meeting was "a specially called meeting to address a particular issue that might have weakened the prosecution's case. Auerhahn's failure to take care to assure that a proper record of the matter was made was a failure of due diligence for which he is appropriately criticized," stated the opinion.

However, want of diligence isn't the same as sanctionable "intentional avoidance of evidence," according to the opinion.

The panel found that Auerhahn was negligent in his 2003 handling of Wolf's order about the notes. "In light of the gravity of court orders, and the standards to which we hold attorneys as officers of this Court, particularly in criminal prosecutions, the duty to clarify the limits of a court order is borne by the attorney," the opinion states. But the panel majority held that "negligence...is not enough here."

Auerhahn's lawyer, Michael Ricciuti, a partner in K&L Gates' Boston office, said "We're very gratified with the result....It really demonstrates that due process is something taken very seriously in this district. They gave us a very fair hearing and wrote a very detailed opinion."

Ricciuti also said that Wolf's decision to allow the Justice Department to conduct an investigation led to the record that eventually exonerated Auerhahn. "If he did not permit this process to begin, this record wouldn't exist."

First assistant bar counsel Nancy Kaufman said she believes the bar counsel's office "had a strong case and the evidence to meet the standard we set, but two of the members of the court disagreed with us." The bar counsel had argued that the lower "preponderance of the evidence" standard should apply in this case.

In a written statement, U.S. Attorney for the District of Massachusetts Carmen Ortiz said she appreciates the panel's "careful and thoughtful consideration of the issues involved in this difficult matter."

"I am very pleased with this result, particularly for Jeff, who has soldiered on here under very difficult circumstances and can now put this behind him," Ortiz said. "I will continue to make sure that our office remains committed to complying with our discovery obligations and our overall responsibility, as prosecutors, to pursue justice."

Auerhahn did not respond to a request for comment.

Client Testimonial

2011-09-05T09:22:00.001-04:00

Dear Josh,

I can't thank you enough for being the very best attorney in the state of Rhode Island. You really were able to work magic and I appreciate everything you did for us.

I have your card on file and I will recommend you to anyone that needs legal assistance in RI.

Thanks again
Sue C.

Boating Under the Influence Dismissal and Expungement in RI

2011-08-29T13:18:00.005-04:00

Rhode Island DUI Defense Attorney Macktaz has the following case results to report for a client charged with boating under the influence...

Criminal Charges: Boating Under the Influence; Refusal to Submit to Chemical Test.

Police Report: Client is observed speeding in his unregistered dinghy in Warwick Cove. DEM Officers approach Client’s boat and direct him to dock. At the dock, DEM Officers observe Client to have bloodshot and watery eyes, slurred and mumbled speech, and a strong odor of alcohol on his breath. Client takes and fails 7 field sobriety tests. Officers also observe a number of empty beer cans in the boat.

Result:
Boating Under the Influence: Amended to RECKLESS BOATING and NO LOSS OF LICENSE
Breathalyzer Refusal: DISMISSED AND EXPUNGED

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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.

Busy Weekend in RI for DUI, Possession, and more

2011-08-25T08:29:00.003-04:00

Criminal Defense Lawyer Macktaz discovered an article dealing with an unusually busy weekend for Rhode Island state police. Several people were detained for suspicion of DUI, possession of a controlled substance, possession of a handgun, and more.

State Police report busier-than-usual non-holiday weekend
August 22, 2011
Donita Naylor

The Rhode Island State Police arrested 33 people and issued 184 summonses, including 65 seatbelt-child restraint violations, over the weekend, State Police Supt. Steven G. O'Donnell reported Monday.

Troopers also investigated 26 motor vehicle accidents.

"For an average summer weekend," Major Stephen M. Bannon said Monday, "It just stands out as a very busy weekend."

From 8 a.m. Friday through 8 p.m. Sunday, Bannon said, the Rhode Island State Police usually arrests about six people for impaired driving. This weekend, the number was 10. Here are their names and additional charges:

-- Heather Lemieux, 31, of 159 Wamsutta St., #2, Fall River, Mass., first offense, plus possession of a controlled substance (oxycodone/hydrochloride), in a motor vehicle stop on Route 7 in Smithfield.
-- Thomas Shaw, 36, of 46 Mast St., Jamestown, blood-alcohol content greater than .15, in a stop on Route 95, Warwick.
-- Michael Poulin, 49, of 50 Huckleberry Rd., North Kingstown, with blood-alcohol greater than .15, as he tried to leave the parking lot of the Rhode Island Traffic Tribunal in Cranston.
-- Troy J. Cote, 38, of 7 Amherst Ave., Coventry, first offense, in a stop on Route 4 in North Kingstown.
-- Susan Pacheco, 53, of 26 Willow St., Providence, first offense, in a stop on Route 95 in West Greenwich.
-- Julio Reyes, 30, of 217 Plainfield St., Providence, with blood-alcohol greater than .15, in a stop on Union Avenue in Cranston.
-- Derrick Azevedo, 25, of 63 Clews St., Pawtucket, first offense, after a seven-vehicle crash on Route 95 south in Pawtucket.
-- Richard Dunn, 54, of 216 Nipmuc Rd., Scituate, first offense, in a stop on Route 95 in West Greenwich.
-- Melanie Colson, 23, of 80 Linda Drive, # 102, Coventry, with blood-alcohol greater than .15, in a stop on Gardner Road in Exeter.
-- Bradley Devito, 23, of 220 Forest Ridge Drive, Waterbury, Conn., with blood-alcohol greater than .15, in a stop on Route 95 in Warwick.

Neighborhood Response Teams were deployed, Bannon said. The team, working with Providence police, charged Chandara Kun, 24, of 116 Indiana Ave., Providence, with possessing a handgun (a loaded .357) with the serial number deleted, after a motor vehicle stop on Sackett Street, Providence

Here is a list of charges in the other 22 arrests:
-- Fourteen on warrants for District Superior Court.
-- One for obstruction of justice and operating on a suspended license.
-- Three for marijuana possession, first offense.
-- One for marijuana possession, subsequent offense.
-- One for reckless driving.
-- One for domestic assault and domestic disorderly on Route 95 in Providence.
-- One for identity theft and filing a false document.

Saying in a news release that the state's new primary seatbelt law, along with the state's .08 blood-alcohol limit "are two tools that will undoubtedly save lives," O'Donnell promised a similar enforcement level through the Labor Day holiday weekend.
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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.

Can I get arrested for DUI for prescription medication?

2011-08-19T07:41:00.001-04:00

You absolutely can. There is a lot of misconception about what constitutes Driving Under the Influence and many people assume that they can only be arrested for drunk driving. There are any number of substances that can be taken in excess and cause enough instability in your driving to give an officer good reason to become suspicious enough to pull you over.

Although every state has drug impaired driving laws on the books, there are very few who employ a process designed to help identify and pull-over impaired drivers. The main reason being that drug impaired driving is much harder to spot than drunk driving. There is very rarely visible evidence that someone is driving under the influence of drugs.

In Rhode Island, the law dealing with DUI or Driving While Impaired RIGL 31-27-2.7, even goes so far as to lay out the guidelines for determining impairment, procedures, penalties and sentences if found guilty; which can start at fines of up to $250 and community service, and reach the stage of license suspension with subsequent violations.

The difficulty in identifying drug impaired drivers increases after arrest as there are no field sobriety tests currently available to determine the level of impairment at the scene. National statistics however, point to the fact that of those drivers arrested for driving under the influence of alcohol, 18% also tested positive for drugs at the time of arrest.

Any impaired driving, including driving after taking certain prescription or over the counter medications, can warrant at least being pulled-over by law enforcement. If you have to drive after taking medicine, or if you have induced a known illegal substance, call a cab or have someone else drive you wherever you need to go.

If you are pulled-over and arrested for suspicion of driving under the influence, you can be charged with either a misdemeanor offense or a felony crime depending upon the nature of the illegal substance. In any situation where you have been arrested and charged with DUI or DWI, it is imperative that you contact an experienced criminal defense attorney. For an appointment and consultation with S. Joshua Macktaz, a qualified and highly experienced DUI and DWI defense attorney in Rhode Island with office locations in Providence and Newport, call (401) 861-1155, email Joshua.Macktaz@gmail.com or fill out a confidential contact form on the website HERE.

S. Joshua Macktaz Asked to Speak at CLE DUI Seminar

2011-07-29T15:24:00.005-04:00

In response to his extensive experience handling cases involving DUI and Driving While Intoxicated, criminal defense attorney S. Joshua Macktaz is often asked to speak at legal conferences, engagements, and seminars. He was most recently asked to be the featured speaker at a CLE seminar for Handling First DUI Case in Providence, RI where the topics would span information gathering, the basics of DUI science, working with experts, ethical advice, and more."

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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.

Disorderly Conduct

2011-07-13T11:37:00.000-04:00

Disorderly conduct can be defined as any behavior that creates a disturbance. Every state in the United States has laws on the books for handling and determining disorderly conduct behavior, and although it is considered a minor offense, it is still subject to prosecution by the state and can and does lead to fines and jail time in many situations.

When most people think of someone who is charged with disorderly conduct, they feel they must have been drunk in order to get arrested. This is true in only some cases where public drunkenness is at issue. Many cases of disorderly conduct simply involve individuals who become enraged or angered starting fights, riots, or being obscene, being loud or disturbing the peace in some way, or simply lingering or loitering in areas where they should not be loitering.

With so many variations on one charge of disorderly conduct, it is easy to see how even people who are not meaning to engage in criminal activity can be arrested without proper cause. This one factor alone makes it very important to consult with an experienced criminal defense attorney who can provide you with an analysis of your rights and how best to approach the charges you face. In addition, a conviction for disorderly conduct goes onto your criminal record and can prevent you from pursuing many activities in the future, like school, or certain employment opportunities.

Open Container Law and DUI's

2011-07-04T13:40:00.002-04:00

This weekend promised to be one of the biggest for law enforcement in terms of stopping and arresting drivers who are under the influence or driving intoxicated on our streets and highways. However, drivers are not the only people subject to being arrested for intoxication.

At this time of year especially, it's important to remember that some cities and towns have open container laws that dictate how and when you may carry alcoholic beverages in public. Whether you are at a block party, house party, or just walking down the street in a tourist populated or party type atmosphere, the open container law will determine whether you will be allowed to carry your drink with you or not.

Most of the more popular tourist destinations, like Las Vegas, or tropical resorts, do not have open container laws. The laws were instituted to protect citizens from drunk drivers and drunk and disorderly people on public transportation or in businesses.

Depending upon where you live and the whether your principality has such a law, the open container law will prohibit you from drinking in public, whether that is in your own vehicle, on the steps of your own home, or anywhere else considered a 'public' area.

Since there are currently only seven states that do not have open container laws on the books, the chances are fairly high that your state does have these laws in effect. And in even the state that do not have an open container law, there are restrictions on public drinking during certain holiday periods as well.

If you are arrested or charged with violating the open container law, it is important to find and hire an experience DUI, DWI, or criminal defense attorney in your area. Some of the legal factors having to do with defending the open container law violation are similar to those visited in the defense of other criminal matters, such as whether or not you actually violated the law, whether it was a criminal violation, and whether the arresting officer followed the law.

Vehicular Manslaughter

2011-07-01T14:01:00.002-04:00

In the State of Rhode Island, the act of violating a traffic law that then results in the death of another person is classified as Vehicular Manslaughter. This crime can carry a sentence of up to life imprisonment and is not something to be entered into lightly or without a criminal defense lawyer by your side.

The varying degrees of vehicular manslaughter, also referred to as vehicular homicide, can place the crime in either the category of misdemeanor or felony depending upon the seriousness of the crime and intent involved. However, any negligent act involving a vehicle that results in the death of another falls under this charge.

Case outcomes may depend upon the individual who was killed in the incident, with decisions involving victims who were young children carrying greater weight with the court. The particular conditions of the accident also have some bearing, and a situation where there was proven mechanical failure are naturally less grave than those involving pure negligence, for instance in the form of driving under the influence or drunk, or blatant violations of traffic laws.

Whether you are facing a felony or misdemeanor charge for vehicular manslaughter, the circumstances of the accident will play a major role in your sentence. Securing the advice of a highly skilled criminal defense attorney is advisable in any situation where you are arrested and criminally charged.

Providence Traffic Signal Upgrade to HAWK System

2011-06-21T08:13:00.007-04:00

All traffic intersections are dangerous places to be a pedestrian, and no more so than in the many cities around the world. A new kind of traffic signal called HAWK seeks to change that by activating for pedestrians when they need to cross the street, rather than relying upon the signal changes from red to green for crossing. An article from the Providence Journal Online follows below.

Providence intersection to get new kind of traffic signal
Jun 20, 2011
PROVIDENCE, R.I. (AP) -- Providence is getting a new kind of traffic signal that officials say makes crossing the street safer for pedestrians. Rhode Island's Department of Transportation announced Monday that the new signal will be installed next week at Elmwood Avenue and Daboll Street. A department spokesman says that if the signal is deemed effective, the department may install more of them.

The so-called HAWK signal, which will replace a traditional stoplight, does away with a cycle of red and green lights and turns on only when activated by a pedestrian waiting to cross the street.

Once activated, the signal goes from yellow to red, in a manner similar to a normal stop light. The HAWK signal was developed in 2004 and has been installed in many other states.

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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.

What Happens at a DUI Arraignment?

2011-06-21T08:04:00.004-04:00

When the stage of arraignment is reached, it is always after a period of incarceration, as well as formal arrest and charges being entered against you. The arraignment will be the first time you are heard in a courtroom after the arrest process, and if you are pleading guilty to the charges of DUI or DWI, also the last time.

You will be called before the Judge and hear your charges read. You will be referred to as the 'defendant'. You will be asked if you have an attorney, and if you do not you will be offered a court-appointed attorney to represent you.

The judge will ask you how you plead to the charges, and you will reply in one of three ways depending upon the advice of your attorney - they are: guilty, not guilty, and no contest. The judge will then decide whether to release you on your own recognizance, or to adjust the amount of bail, and if necessary, the future dates of your preliminary hearing, pre-trial motions hearings, and trial date will be put on record and announced.

Even if you, your attorney, and the state have already agreed to a plea bargain, or if you have discussed everything prior to the arraignment, you will move through these formalities in order to place the matter on court record.
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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.

How to Handle Being Arrested

2011-06-21T07:31:00.003-04:00

The police come to your door, you are pulled over, or are out having too much fun one night and they tell you that you are under arrest, or do not tell you that you are being arrested, yet detain you anyway. What now?

You should be read your rights in most states and under every circumstance. However, if you are not for some reason, there are only two things that you need to ask. One is if you are free to leave. If you have not yet been placed under arrest or read your rights, you may not be under arrest. If you are told that you are 'free to go' calmly and quietly walk away.

The second thing you may say is that you want to speak to your/an attorney. You will be given one phone call from the police station phone if you are placed under arrest, and, you will be given access to a pay phone for making collect calls from the area in which you are being held. If you are arrested on a weekend, expect to be in custody for at least 72 hours, perhaps longer. If you are arrested during the week, you should see a hearing judge within 48 to 72 hours.

Whether you have been placed under arrest, or you are free to go, you must never offer more than your basic identification information (and that only if asked for), or voluntarily speak to any of the police officers unless and until you have spoken with your attorney. The most damaging thing you can do to the future of your freedom after being arrested is offer an explanation for whatever you are being charged with.

Only an experienced criminal law attorney can offer you the guidance and support you need to manage the difficulties of the legal system and obtain your release.
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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.

Apple will ban their DUI Checkpoint Apps

2011-06-17T19:44:00.001-04:00

Apple and Google have both created applications that enable individuals to locate, and therefore avoid, sobriety checkpoints. Because supporting drunk driving is not what the computer giant wants attached to its name, it has agree to remove and ban any future DUI apps from its store. The full article follows below.

DUI Checkpoint Apps Banned by Apple, not Google

By Stephanie Rabiner

June 15, 2011

Apple partially ceded to pressure by Senators Chuck Schumer and Harry Reid last week, agreeing to carefully scrutinize and ban future DUI apps from its App Store if found to encourage and enable drunk driving.

This move leaves Google as the only major app provider that has yet to make a move on the apps, which inform users of the exact locations of nearby DUI checkpoints.

Should Google follow suit and ban DUI apps as requested?

The main concern with DUI apps is that they provide users with real time checkpoint locations, giving people the impression that they can drive under the influence without repercussion.

However, there are two types of checkpoints that show up in these apps: published and unpublished.

DUI apps are initially populated with published checkpoints, as some states mandate that local law enforcement publish their times and locations. Some also use crowdsourcing, allowing users to upload unpublished checkpoints.

Apple will no longer accept DUI apps that include unpublished checkpoints.

Though both companies initially responded to the Senators' requests by stating that neither of these uses is illegal nor against internal policy, Apple's decision to treat published and unpublished checkpoints differently is a good middle ground--a way to balance public safety and free speech.

While it's undoubtedly important to encourage developers without fear of Congressional interference, it's also important to respect each jurisdiction's policy decision with regards to checkpoints and public safety.

So if Google decides to ban DUI apps, it should consider taking a page from Apple, as opposed to removing the apps altogether.

Rhode Island DUI Client

2011-06-02T13:46:00.002-04:00

RI Criminal Defense Attorney Macktaz shares a client testimonial for a recent DUI charge in RI.

I just wanted to first say thank you for all your help, I truly appreciated everything you did for me. You are very good at what you do and you will never know how much my family and I have appreciated your help. - Alyssa
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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.

Hit and Run Accident in Providence Resolved

2011-05-25T17:27:00.002-04:00

Hit and Run accidents can be devastating to those involved. With no recourse for the recovery of damages, lost wages, or personal injuries, hit and run victims are often reduced to suing their own insurance companies to recoup their losses.

Warwick man charged in Providence hit-and-run
May 22, 2011
Katherine Gregg

PROVIDENCE, R.I. - Providence police have charged a Warwick man in connection with a hit-and-run accident early Sunday morning that sent a pedestrian to the hospital with leg, eye and shoulder injuries.

Angel Hernandez, 35, of Providence was taken to Rhode Island Hospital after he was struck in the vicinity of 260 Elmwood Ave. just before 1 a.m., according to Providence police.

Mark Beckler, 55, was subsequently charged with failure to stop after being involved in an accident involving personal injury.

He was stopped by Warwick police after Providence police issued a radio call to other departments to be on the look out for his car. An eyewitness to the accident identified him, and Providence police took him into custody, according to spokesmen for both police departments.

The police have not yet released any additional information, and Hernandez' condition was not immediately available.

DUI Dismissal

2011-05-05T12:34:00.001-04:00

RI Criminal Defense Attorney Joshua Macktaz posts case results for dismissal and expungement of criminal charges.

Criminal Charges: Driving Under the Influence; Breathalyzer Refusal

Police Report: Client is involved in a serious accident on the Newport Bridge. RI State Police arrive and immediately detect a strong odor of alcohol and slurred speech. Client is unsteady on his feet and has difficulty answering simple questions.
Result:

Driving Under the Influence: Reduced to RECKLESS DRIVING and NO LOSS of license
Breathalyzer Refusal: 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 Lawyer Joshua Macktaz at 401-861-1155 or CONTACT him via email.

State Approval Means Little in Medical Marijuana Debate

2011-05-03T14:17:00.004-04:00

Nearly three years ago Rhode Island lawmakers approved three compassion centers for the disbursement of medical marijuana to the patients who rely on the use of the drug to quell serious illness symptoms and effects of various treatments. Current and continuing fighting against their opening is being pursued by US Attorney Neronha.

US Attorney hopes R.I. marijuana dispensaries don't open
May 2011
Tracy Breton

PROVIDENCE -- U.S. Attorney Peter F. Neronha said Sunday that he hopes that Rhode Island's three state-approved medical marijuana dispensaries don't open and that if they do "I might have to take some action" against them in court to prevent cultivation and distribution of the cannabis.

"I don't think it would be a wise move" for them to start cultivating large amounts of marijuana or selling it, Neronha said in a telephone interview. Asked if he was going to stage raids on them if they opened their doors, Neronha said, "I can't answer that. We'll take each day as it comes. I hope that wiser heads prevail."

Neronha said he considers the planned dispensaries which some call "compassion centers," large-scale, for-profit cannabis production businesses which are against federal law. "Under federal law, there's a five-year mandatory minimum sentence if you are growing 100 plants," he pointed out.

As to those who might be upset that he is threatening prosecution after the dispensaries were given the green light by the state Health Department to open --and after three approved businesses have spent considerable money starting their grows and acquiring supplies and sites from which to operate -- the US Attorney said: "I don't think it's any mystery that growing marijuana on a large-scale violates federal law. These are large-scale industrial grows designed to generate enormous grows and enormous profits."

He added: No one in state government-- not the Health Department, Governor Chafee nor the representatives and senators who sponsored the legislation in 2009 establishing medical-marijuana dispensaries -- ever consulted him about the legality of the proposed operations.

"No one reached out to me so I felt I finally had to make clear what our position was," Neronha said. "I could have waited until they were fully up and running but felt that as soon as I was ready to comment" and knew what the operations entailed, it was time to speak out and issue a warning to everyone.

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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.

RI Governor Delays Opening of Medical Marijuana Centers, Again

2011-05-03T14:12:00.003-04:00

The medical marijuana debate continues, with Rhode Island Governor Chafee detaining the opening of compassion centers that were scheduled to open in 2008. An article with more detail follows below.

Update: Chafee puts hold on RI medical-pot centers
May 02, 2011
Tracy Breton

PROVIDENCE, R.I. -- Governor Chafee announced Monday that he has "placed a hold" on the state's medical marijuana dispensary program in light of a warning issued by the U.S. Attorney here that he might prosecute or take civil action against the centers and anyone involved with them.

The owner of one of those planned centers said in response that he was disappointed, but hopeful that Chafee would be able to work with other governors to remove the threat that could prevent their opening. And Rhode Island's attorney general said he had no plans for state prosecution of the centers or those associated with them.

State Sen. Rhoda Perry, D-Providence, who was the prime sponsor of Rhode Island's medical-marijuana dispensary statute, called Chafee's action "appropriate" in light of statements U.S. Attorney Peter F. Neronha has made intimating that he would raid the dispensaries if they were open.

"I don't know where this comes from," Perry said of Neronha's views of the dispensaries. "It is quite bothersome to me."

But she said "maybe there may be something we might be able to amend in our current law" before the end of this session that would address the Justice Department's concerns. "There are thousands of people who need the substance and need it in a legal way."

Six weeks ago, the state Health Department tentatively approved licenses for three such dispensaries to open in Rhode Island. The three have been planning to open this summer.

But on Friday, Neronha, in a letter hand-delivered to Chafee's office, threatened to take action against against those involved with the "compassion centers" if they open. And on Sunday, in an interview with The Providence Journal, the U.S. Attorney said he hoped the dispensaries don't open because he considers them to be large-scale for-profit cannabis production centers that are against federal law.

One of the approved dispensaries estimates that it will be serving 8,000 patients and taking in $25 million in revenue by 2013, Neronha pointed out.

Chafee, in a press release issued by his deputy press secretary Christian Vareika, said that "during this hiatus, I will be consulting with the governors of other states with similar medical marijuana programs, with federal officials and with the compassion center applicants themselves."

He noted that "none of Rhode Island's compassion center applicants have received a certificate of registration to date. In light of the United States Attorney's articulated position on closing compassion centers, seizing proceeds and prosecuting business enterprises that market and sell medical marijuana, I have placed a hold on the state's medical marijuana certificate of registration program."

The three planned state-approved dispensaries are Summit Medical Compassion Center, in Warwick; the Thomas C. Slater Compassion Center, in Providence; and Greenleaf Compassionate Care Center in Portsmouth.

Seth Bock, chief executive officer of Greenleaf, just got his building permit Monday from the Town of Portsmouth to start constructing his dispensary; he'd planned to open in August in the Portsmouth Industrial Park on High Point Avenue. But now, he says, he is going to hold off on starting construction on the 1-story, 6,000-square-foot building until he gets more assurance from the state that the dispensary program can legally go forward.

"it wouldn't make sense to start construction now if they're going to pull the plug on the entire program," he said.

Bock, an acupuncurist and herbalist, said Greenleaf has spent "tens of thousands of dollars" on plans for his facility, the health department registration process, attorneys' fees "and thousands of dollars in unpaid effort to build a perfect model of how to run a compassion center."

While disappointed in Chafee's announcement today, which he referred to a "a little bit of a surprise," he said "it's understandable that the governor would want to research this a little bit more.

"In my opinion, Rhode island has crafted a program that we feel the Department of Justice would want to stand behind, as opposed to the types of dispensaries that are in the media a lot in California and other states out in the Wild West."

Rhode Island, Bock said, built its program in an attempt to comply with Department of Justice concerns. "The Department of Health put together a compassion center program where on Page One we're defined as a 'caregiver operation.' When you look at the volume of medicine, we;re just a natural extension of the current caregiver program."

Bock said he was "a little surprised" that no one in Chafee's office, the Health Department or the General Assembly had conferred with Neronha before approving applications for the compassion centers. But he added, "It seems to me that the Rhode Island General Assembly feels as though this is a states' rights issue. They knew federal law banned marijuana" when they enacted medical-marijuana laws and approved dispensaries. "We feel they'd done their due diligence in working with the local chapter of the Department of Justice."

Bock said that he is optimistic that compassion centers will open in Rhode Island and that some consensus will be forged between state and federal authorities regarding the legality of them.

"I feel strongly that we are going to prevail on this. I think Chafee is signalling by his action today that he is reaching out to try to build a consensus with other governors, and hopefully this will be a turning point with the governors being on board to bring this to the national level and start to create change."

He said he planned "to continue to fight for the rights of these patients who really need this drug in a safe, controlled environment."

The Health Department, which has been in charge of soliciting and approving applications for the dispensaries, said it would have no comment Monday on the medical-marijuana program, which currently serves more than 3,350 patients in Rhode Island.

Annemarie Beardsworth, spokesperson for the department, said: "All inquiries on this topic are being handled by the Governor's Office."

The state's new attorney general, Peter F. Kilmartin voted while a member of the Rhode Island House to allow medical marijuana and create state-licensed dispensaries for its distribution. He said today through a spokeswoman that the question of their legality is not something his office intends to pursue.

"The general's position is that this doesn't fall under the purview of this office," said Amy Kempe, Kilmartin's press officer. "We uphold state law, and state law has carved out an exception for medical marijuana and compassion centers. Our office cannot prosecute [the dispensaries] so long as individuals and the compassion centers are operated within the boundaries of state law.

"Our office would not have authority to prosecute ... but that does not stop the federal authorities," Kempe emphasized. "This is a conflict between state law and federal law."

However, Kempe said that Kilmartin plans to introduce a bill this legislative session that would "tighten up the current medical-marijuana laws." She declined to be more specific.

Senator Perry said, "It didn't appear to us that our legislation would be looked upon as an interstate commercial activity" that the federal government would pounce on.

"To our view," she said, "we've designed a tightly regulated approach so that patients can receive a quality product through a legal mechanism."

Governor Chafee is in North Carolina today at a conference on education, and then he will sit in on a discussion with four other past governors of Rhode Island.

Read the full statement from Governor Chafee:

"May 2, 2011

"Statement from Governor Lincoln D. Chafee Regarding Compassion Centers

"The United States Attorney for the District of Rhode Island delivered a letter to me on Friday afternoon which was copied to the Director of the Department of Health and the three Compassion Center applicants. That letter, as well as similar letters sent to officials in other states, clarified the Department of Justice's position on medical marijuana. The Department of Justice previously indicated that it would not focus its limited resources on doctors and their sick patients who prescribe and use marijuana if such use was permitted by state law. This position was interpreted by some states as giving them latitude to authorize medical marijuana cultivation and distribution programs. Friday's letter makes it clear that DOJ will now pursue certain commercial cultivation and distribution of medical marijuana, even if such cultivation and distribution is permitted by state law. Compassion centers, their owners, landlords, financiers and other operations "facilitators" are identified as potential targets of federal law enforcement activities.

"None of Rhode Island's compassion center applicants have received a certificate of registration to date. In light of the United States Attorney's articulated position on closing compassion centers, seizing proceeds and prosecuting business enterprises that market and sell medical marijuana, I have placed a hold on the State's medical marijuana certificate of registration program. During this hiatus, I will be consulting with the governors of other states with similar medical marijuana programs, with federal officials and with the compassion center applicants themselves."

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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.

State House Passes Bill to Redistric RI Court System

2011-05-03T14:06:00.003-04:00

A recent article in the Providence Journal online caught my attention, so I posted it here for your review.

Bill to ease court crowding moves through State House
May 02, 2011
Katie Mulvaney

PROVIDENCE, R.I. -- The House and Senate have passed matching bills that supporters say would ease crowding at the J. Joseph Garrahy Judicial Complex on Dorrance Street by reconfiguring the state District Court system.

The legislation, submitted at the urging of District Court Chief Judge Jeanne E. LaFazia would have District Court cases from Smithfield, North Smithfield, Glocester, Lincoln and North Providence heard in Kent County, instead of the Garrahy complex. In addition, North Kingstown District Court cases would be shifted from Washington County to the Kent County courthouse.

The bill would reduce the number of District Court divisions from six to four, largely a house-keeping measure since only four divisions have operated since the 1980s.

Its backers say the measure would ease crowding at Garrahy by making use of an available courtroom at The Governor Philip W. Noel Judicial Complex on Quaker Lane in Warwick at no cost to the state. The Noel complex features free parking.

As proposed, the bill's language would allow a person to appeal a District Court decision to the Superior Court in the county where the case was heard or ask to have it transferred to the Superior Court of the county of origin, according to court spokesman Craig N. Berke.

The Senate and House will now consider each other's versions for passage.

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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.

RI Lawyer Client Testimonial

2011-03-31T11:20:00.003-04:00

RI Attorney Josh Macktaz is happy to share a testimonial from a recent client.

Good Morning Josh,

I’d like to reach out and compliment you for the excellent services provided to me over the past month. Your professionalism and knowledge of the legal system provided me with a sense of comfort throughout the entire case. Your ability to forecast and provide a realistic view of what to expect made this process as painless as possible. Taking into consideration my relationship with Mark and current situation was more than generous and will never be forgotten.

If there is anything I can do for you in the future, such as construction work/advice, please feel free to let me know. Again, I cannot thank you enough and will recommended your services to anyone in need of a qualified Lawyer.

P.S.- If we ever cross paths on the Island I will be sure to raise a toast in honor of our successful case.

Dan in RI
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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.

RI Criminal Defense Attorney Notes Release of Innocent Man After 18 Years on Death Row

2011-03-30T09:18:00.008-04:00

Even while blood tests revealed the innocence of former death row inmate John Thompson, in just enough time to save his life, the court has determined that he will not have the right to sue the prosecutors for the mistake, suspected withholding of blood evidence that would have cleared him, and the 18 years of his life that was lost as a result.

High court says exonerated inmate cannot sue prosecutors
By Bill Mears, CNN Supreme Court Producer
March 29, 2011

Washington (CNN) -- A sharply divided Supreme Court ruled against a former death row inmate who sought damages from the state after prosecutors hid crucial blood tests that would have earlier proven his innocence. The 5-4 decision Tuesday involved John Thompson, who came within weeks of execution and had spent 18 years behind bars before being set free after the new forensic evidence came to light.

At issue was whether a district attorney's office should be held liable, under a "failure to train" standard, when one of its prosecutors unconstitutionally withholds exculpatory evidence from a criminal defendant.

Then-New Orleans area District Attorney Harry Connick Sr. claimed his office should not be held fully responsible after one of his staff attorneys violated long-standing, accepted procedures on handling evidence in criminal trials.

Thompson's lawyers said the DA's office as a whole should be held liable for the poor training of prosecutors working under Connick.

"A district attorney is entitled to rely on prosecutors' professional training and ethical obligations in the absence of specific reason, such as a pattern of violations, to believe that those tools are insufficient," Justice Clarence Thomas said. He was supported by his conservative colleagues Chief Justice John Roberts and Justices Antonin Scalia, Anthony Kennedy and Samuel Alito.

In a tough dissent, Ruth Bader Ginsburg said "Connick's deliberately indifferent attitude created a tinderbox in which (constitutional) violations were nigh inevitable."

But Thomas noted prosecutors often face "gray areas," discretionary judgment calls concerning what evidence may be important to the defense.

"To prove deliberate indifference, Thompson needed to show that Connick was on notice that, absent additional specified training, it was 'highly predictable' that the prosecutors in his office would be confounded by those gray areas and make incorrect ... decisions as a result," he said. "In fact, Thompson had to show that it was so predictable that failing to train the prosecutors amounted to conscious disregard for defendants' (constitutional) rights. He did not do so."

Thompson was convicted in 1985 in the murder of a New Orleans man. He was also implicated in a separate attempted armed robbery. Blood tests at the robbery showed the perpetrator had blood type B.

Lawyers at the Orleans Parish DA's office offered conflicting stories about whether the prosecuting attorney ever received the blood test report, or whether Thompson himself was ever given a confirming blood test.

Thompson was eventually convicted of both crimes and received the death sentence for the murder.

Just weeks before his scheduled 1999 lethal injection, private investigators hired by Thompson's lawyers discovered the original crime lab report in police files. The prisoner was then tested and found to have blood type O.

A hidden crime scene report also uncovered years after the fact showed eyewitnesses describing the murderer as 6 feet tall with close-cropped hair. Thompson had a large Afro at the time, and was only 5 feet, 8 inches. That report too was not handed over to the defense at trial.

Armed with the new evidence, state courts then reversed the murder conviction, concluding the armed robbery conviction unfairly deprived Thompson of his right to testify in own defense at the murder trial.

After being retried for murder in 2003, a jury found Thompson not guilty and he was released from custody.

A federal civil rights lawsuit was then filed and a jury awarded Thompson $14 million in damages, a judgment upheld by a federal appeals court.

A landmark 1963 high court ruling -- Brady v. Maryland -- said prosecutor have a sworn duty to turn over evidence that may show a defendant is innocent. But in a subsequent opinion, the high court said individual prosecutors cannot be sued for any constitutional violations in the courtroom.

The Thompson decision further limits when defendants can sue for so-called "Brady" violations.

In a rare oral dissent, Ginsburg spoke from the bench to strongly criticize the majority's conclusions.

"The record in this case abundantly shows flagrant indifference to Thompson's rights," she said. "The conceded, long-concealed prosecutorial transgressions in Thompson's trials were neither isolated nor atypical. They were just what one would expect given the attitude toward Brady pervasive in the district attorney's office."

Ginsburg was backed by Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan.

Connick, now retired from his DA post, is the father of entertainer Harry Connick Jr.

The case is Connick v. Thompson (09-571).
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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.

Motorists Blame Closed DMV Office for Woonsocket Delays

2011-03-24T11:48:00.004-04:00

RI Motor Vehicle Violation Defense Attorney Macktaz found the following article regarding the wait times at the Woonsocket DMV and the relationship to the closing of the Pawtucket DMV branch informative and shares it below.

It’s still hurry up and wait at Woonsocket DMV
March 10, 2011
By Paul Davis
Journal Staff Writer

WOONSOCKET — Hoping to avoid a three-hour wait at the Divisionof Motor Vehicles, Priscilla Cunningham, of Cumberland, offered fellow motorist Donna Versa $50 for her customer-service ticket.

Versa, from North Smithfield, was next in line for help.

But after waiting for hours Wednesday morning — she read a detective novel by James Patterson — Versa wasn’t keen on waiting even longer.

“I just want to get out of here,” she said.

Cunningham, who needed to register a car, wasn’t happy about a long wait. “This is ridiculous,” she said.

Although the state Division of Motor Vehicles has trimmed its wait times at some branches, customers are waiting three hours to do routine business at the division’s office at 217 Pond St., next door to the House of Brides.

Some customers blame the wait on the DMV’s decision to close its old headquarters in the Apex Mall in Pawtucket last summer.

More northern Rhode Islanders are driving to the Woonsocket branch rather than to the new DMV headquarters in Cranston, they say.

Sara R. “Sally” Strachan, the DMV’s administrator, said she would look at customer numbers and talk to the Woonsocket supervisor to see if more people are visiting the DMV’s northernmost branch.

But Strachan said the longer waits are more likely tied to two other factors: a snowy winter and tax time.

“This is by far one of our busiest times,” said Strachan. Customers who get income tax returns visit branches to pay fees or do other business.

Others, kept away by a snowy winter, are visiting branches now that the weather is better, she said. “Our business was impacted by snow days. We were here, but the people weren’t coming.”

Wait times can be boiled down to simple arithmetic, she said.

The state’s population has grown little in the past few years. But the number of DMV workers has fallen from 183 in fiscal 2008 to 155 today, Strachan said.

If workers get sick or go on vacation, there are even fewer people to wait on customers, she said.

The number of branches is shrinking, too.

Since 2008, the agency has closed branches in Westerly, West Warwick and the Rhode Island Mall to save money.

The DMV is also looking for a new home for its Middletown branch, which closed on Feb. 11 when the department’s lease ran out.

“I wish the wait time was not three hours,” Strachan said, but officials are looking at other ways to lessen the wait, including making more services available online, she said.

Another strategy is to stop moving DMV workers around and instead shore up existing branches with fixed teams and supervisors, she said.

The improvements can’t come soon enough for some.

Wednesday morning, frustrated customers drove around the glass and stucco office looking for parking spots. Inside, customers read books, complained about the wait, and sat on wooden benches or on window ledges while four DMV workers greeted customers.

For drivers like Pauline Gauthier, the wait was painful.

The Woonsocket woman arrived at the office at 7:30 a.m., an hour before it opened, but said she still waited several hours before she could transfer a registration.

“I’ve had ten surgeries on my leg,” said Gauthier, who walks with a cane and suffers from arthritis.

Bruce Dumais drove to the office Tuesday afternoon, but walked away because it was too crowded. “I just threw the ticket away,” said Dumais, who is from North Smithfield. He returned Wednesday to register a car –– and spent three hours in line, he said.
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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.

RI Still Helping Enforce Federal Immigration Policy

2011-03-24T11:44:00.004-04:00

While Rhode Island's new Governor made it clear that there would be no further involvement by our State Police in any Federal Immigration matters, after taking office and changing the law requiring the State to assist, Providence is still helping the feds with some of these cases.

Providence still helping ICE with arrests in federal cases
March 10, 2011
By Gregory Smith
Journal Staff Writer

PROVIDENCE — The police are continuing to enforce arrest warrants for immigrants charged with federal immigration crimes despite a misimpression that may have arisen from the controversy over the city’s resistance to the Secure Communities program, Public Safety Commissioner Steven M. Pare said Wednesday.

City officials expressed concern that the public might think that the police are not cooperating at all with federal immigration officials.

But the police don’t enforce federal detainers for civil immigration offenses.

“It is my strong belief that the Providence police shouldn’t be doing the work of immigration officers,” he declared.

Pare has asked the federal government to allow city government not to participate in Secure Communities, an immigration-control program of the U.S. Department of Homeland Security that is meant to catch and deport illegal immigrants who commit serious crimes.

As a lesser focus, Secure Communities is used to catch and deport immigrants who commit civil immigration offenses and minor crimes.

Generally speaking, when someone enters the U.S. without permission or violates the terms of an approved visit or residency, that is a federal civil offense. But if that person is put out of the country and returns without permission, that reentry is a federal crime. Whether civil or criminal, an offense can result in deportation.

In the case of reentry, an arm of Homeland Security, the U.S. Bureau of Immigration and Customs Enforcement, or ICE, will obtain an arrest warrant and list it in the FBI’s criminal history database where other law-enforcement agencies post notice of their warrants.

“We will arrest, and have arrested in the past, any criminal deportation warrants from ICE, and that hasn’t changed,” Pare said. They get the same respect as a warrant issued by any other agency, he said.

However, if the police encounter someone named in a detainer, they will alert ICE but will not keep that person in custody, Pare explained. A detainer is an ICE notice and request to hold an alleged civil immigration offender, he explained.

Because detainers are not listed in the FBI criminal history database, the police would not routinely know if there was a detainer for an individual, he said.

Pare and Mayor Angel Taveras contend that participation in Secure Communities will force the police into the role of immigration agents and sow fear and mistrust of the police in the general community.

Crime victims and witnesses who were born abroad and are in the U.S. legally or illegally would be especially reluctant to cooperate with the police due to fear that they would be swept up in the immigration-enforcement system, Pare has said. There are an estimated 30,000 illegal immigrants in Rhode Island, the Pew Hispanic Center estimates. Many of them presumably live in Providence, the most populous city.

“… Those who commit violent criminal offenses who are undocumented [immigrants], we want them removed from our community,” Pare said. “And we will do everything in our power to remove those people.

Full article HERE

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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.

Medical Marijuana in Colorado Booming

2011-03-24T11:38:00.006-04:00

While Rhode Island's medical marijuana program is just launching off the ground, states across the country have no shortage of applicants for licenses and compassion centers.

Colorado’s marijuana dispensary boom, now undergoing regulation, leads to explosion of patients seeking licenses
Sunday, March 13, 2011
By W. Zachary Malinowski
Journal Staff Writer

Nederland, Colo., Mayor Sumaya Abu-Haidar says the town’s five medical marijuana dispensaries have “generated a lot of lively debate in our community.”

DENVER

Richard Collins doesn’t fit the profile of your typical stoner.

He’s 67 years old, a Marine Corps veteran, and he said he’s never had a brush with the law.

But you would be hard-pressed to find anyone who smokes more marijuana than this Montana native. He tokes “all day, every day,” to ease a host of ailments including depression, back pain, headaches and arthritis. For the better part of 50 years, Collins, an artist, bought his dope on the street, often from unsavory characters he calls “crooks.”

Last year, he joined about 125,000 Colorado residents in the state’s booming medical marijuana program. Once a week, he drives 12 miles to Denver from his home in suburban Lakewood to buy his marijuana at Cannabis Medical Technology, housed in a brown stucco building near the Colorado Democratic Party headquarters in the city’s bustling Arts District.

“I never thought I’d see the day I’d be doing this,” said Collins, who bought one quarter ounce of marijuana and three blunts for $120 with a credit card. “I’m not going to apologize for smoking marijuana. I think it’s wonderful. I’m a good citizen. In the end, I’m legal.”

Colorado is one of 15 states, including Rhode Island, that have legalized the use of marijuana to treat certain medical conditions.

So far, just two of those states, Colorado and New Mexico, have state-regulated dispensaries that are legally selling marijuana. Maine is about to become the third — the first on the East Coast — and Rhode Island will soon join in.

On Tuesday, the Rhode Island Health Department is scheduled to select up to three applicants to open Rhode Island’s first marijuana dispensaries. The decision was delayed a week, after the department’s interim director sought additional time to review the applications. The dispensaries may open for business sometime this spring. Rhode Island has more than 3,000 residents licensed to use medical marijuana.

Folks in Colorado snicker when they hear that Rhode Island is allowing only three dispensaries, and they predict that their owners will become millionaires. Denver alone, the state’s capital and largest city with a population of more than 600,000, has 251 dispensaries and there are about 700 more scattered across this vast state of 5 million people.

The city is so saturated with marijuana shops that their owners are struggling to make ends meet. They also complain about high regulatory fees and taxes — on the state and local levels — that have dramatically increased the cost of doing business after the dispensary industry got off to a freewheeling start in the last year and a half. Meanwhile, new laws and ordinances have been passed that restrict where the dispensaries and cultivation sites can operate.

The new laws also require more security, including a camera over the sales counter of the businesses to record each transaction, and a requirement that each store grow at least 70 percent of its marijuana.

Full article HERE

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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.

Newport St. Patrick's Day Crowd Gets Out of Hand

2011-03-23T13:13:00.002-04:00

St. Patrick's Day Parade in Newport turns into drunk and disorderly melee. Story below...

87 arrested during rowdy night for revelers in Newport
Mar 12, 2011

NEWPORT, RI -- The revelry accompanying the city's annual St. Patrick's Day parade got a little crazy Saturday, with police logging 87 arrests by 9 p.m. -- and it apparently wasn't over yet.

"We've had a bunch of arrests -- 13 physicial arrests for fighting, possession of marijuana, domestic assault," said Sgt. John Carlone. "Most of the other arrests were for open bottles of beer."

Nine people were in custody at that hour, but as soon as someone is released, Carlone said, "we get more."

He predicted the number would push past 100 by the time the bars closed.

"Over-indulgence," Carlone said. "It's like a summer night. But we were ready for it, on parade day."
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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.

DNA Evidence Finds Man Innocent After 17 Years

2011-03-22T20:41:00.001-04:00

RI Criminal Defense Attorney Macktaz shares relevant story about the use of DNA evidence in criminal cases, and the release of a man held in prison for 17 years, released after discovering the DNA did not match.

Prosecutors: New DNA evidence clears man imprisoned 17 years for rape
By the CNN Wire Staff

(CNN) -- Houston prosecutors will ask a court Thursday to formally exonerate a Texas man after DNA tests ruled out his guilt in a rape for which he served 17 years in prison.

George Rodriguez was freed in 2004 after an appeals court found that faulty scientific evidence had been used against him in his 1987 trial. Prosecutors didn't retry him, citing concerns about having the victim -- who had identified Rodriguez as one of her two attackers in a police lineup -- testify again.

State officials had denied his request for a pardon, but Harris County District Attorney Patricia Lykos agreed to review his case after she took office in 2009.

New DNA tests on the forensic evidence in the case came back February 22 and conclusively ruled out Rodriguez, now 50, Lykos said in a statement Wednesday afternoon.

"When this scientific inquiry began, there was no legal requirement or mandate for any further work to be done by our office, because the case had been dismissed," Lykos said. "Instead, we acted on the most important obligation of all -- to see that the truth emerges, and that justice is done. Today, we can state that an innocent man has been vindicated."

The Harris County District Attorney's office will ask a judge to formally declare Rodriguez innocent at a Thursday hearing, she said.

Lykos, a Republican, campaigned on promises to reform the prosecutor's office in Texas' largest city, and she has drawn praise from defense lawyers for creating a post-conviction review process to examine new evidence. The Innocence Project, which won Rodriguez's release in 2004, gave her an award in 2010 for that program.

Another man, Manuel Beltran, is now serving a 60-year prison term in connection for rape. The DNA testing also confirmed that another man, now dead but long considered an alternative suspect, also assaulted the victim, who was 14 at the time.
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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.

RI Medical Marijuana Sales to Boost State Budget

2011-03-22T20:40:00.000-04:00

With the decriminalization of marijuana for medical purposes, and compassion center development progressing in RI, the Governor is incorporating the proceeds from sales into the fiscal budget already. A definite boon for the state, only time will tell if the decision is a wise one as well.

Chafee factors marijuana sales into budget plan
March 13, 2011
By W. Zachary Malinowski
Journal Staff Writer

PROVIDENCE — The long-awaited debut of medical marijuana dispensaries in Rhode Island this spring promises to help deal with the state’s projected $295-million budget deficit.

Last week, Governor Chafee proposed $157 million in new taxes on a wide array of items, including a 6-percent sales tax on medical marijuana sold at dispensaries.

But just how much revenue could sales in the state’s growing medical-marijuana program deliver to the state’s coffers?

State Tax Administrator David Sullivan said that his office projects $802,000 in marijuana sales taxes for fiscal year 2012, which begins July 1. He said that the state expects the figure to climb to $1.3 million in the following fiscal year, which ends June 30, 2013.

Meanwhile, the state would also place a 4-percent surcharge on gross monthly dispensary sales, under the budget proposal. Assuming that the Health Department issues permits for three dispensaries, the state predicts that the surcharge would produce $1.4 million during the dispensaries’ first two years of business.

All told, that’s $3.5 million in new tax revenue over two years. The Health Department is expected to announce on Tuesday the names of operators for up to three dispensaries. They will be chosen from a list of 18 applications.

JoAnne Leppanen, executive director of the Rhode Island Patient Advocacy Coalition, forecast that once the dispensaries open, 75 to 100 patients a week will apply to the Health Department for licenses to use medical marijuana, compared to about 30 now. There are now 3,271 Rhode Islanders licensed to use and grow medical marijuana, and 2,077 licensed to grow it for approved users.

Dispensary owners in Colorado expect that the opening of three dispensaries in Rhode Island would lead to a dramatic surge in medical marijuana patients. They say that the centers are safe, and they erase many of the stigmas associated with using marijuana. Juan Diaz, manager at Cannabis Medical Technology in Denver, predicted that Rhode Island will quickly see the number of patients double or triple. If his projections hold up, that would mean there will be just under 10,000 patients with medical marijuana cards.

State Sen. Rhoda E. Perry, D-Providence, was instrumental in drafting the legislation that created the state’s marijuana program in 2006. She worked closely with the late Rep. Thomas C. Slater, D-Providence.

“We really had no idea what the numbers would become for people eligible for the program,” Perry said.

She said that they “just looked at the size of the state,” and decided three dispensaries were enough.

Perry said that legislation could be drafted to expand beyond three dispensaries if there is strong, fact-based data signaling that more centers are needed.

Perry said that Rhode Island doesn’t need a loosely regulated system like Colorado, where there are more dispensaries than coffee shops.

“We don’t need that,” she said. “I don’t want to put in jeopardy what has been successful in this state. I want to make it better.”

The future of the state’s caregiver system is unclear. Last month, two bills were introduced in the General Assembly that would require all medicinal marijuana to be grown and sold through dispensaries — a move that would for all intents and purposes end the caregiver program.

Over the past two years, the state police, Providence police and other police departments across the state have made multiple arrests of licensed caregivers who were growing far more marijuana than allowed. In several cases, those arrested had guns and were dealing in steroids and drugs such as cocaine.

Law enforcement officials have expressed frustration with the caregiver program, but privacy laws forbid the Health Department from releasing the names of licensed patients and caregivers. The police want to know who is allowed to grow the marijuana and whether they are adhering to state law or using the program as a ruse to illegally grow cannabis and sell it on the street.

Leppanen, of RIPAC, has vowed that her organization and other advocacy groups will fight the legislation to end the caregiver system. She has said that many of the patients are indigent, or live on fixed incomes, and they grow their own marijuana or get inexpensive or free marijuana from sympathetic growers.

Without the caregivers, all patients would be subjected to the pricing of marijuana at the dispensaries, expected to be about $300 an ounce.
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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.
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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 Charges Dismissed in RI

2011-03-09T21:37:00.002-05:00

RI Criminal Defense Attorney Secures Dismissal of Marijuana Charges

Criminal Charges: Possession of Marijuana
Police Report: Client’s vehicle is stopped by the North Kingstown Police for a traffic violation. Police immediately smell a strong odor of marijuana coming from the vehicle. When Police ask Client if he has any marijuana in the vehicle, Client reaches into his jacket and hands the marijuana to the Police.
Result:

Possession of Marijuana: DISMISSED AND EXPUNGED
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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.

Disorderly Conduct in RI Dismissed

2011-03-09T21:35:00.003-05:00

RI Criminal Defense Attorney posts Disorderly Conduct case results.

Criminal Charges: Disorderly Conduct
Police Report: Client is eating lunch with his wife, mother-in-law and newborn baby. Another patron complains to Client’s wife, and then to the restaurant manager, about the baby’s crying. Client confronts the other patron and a physical confrontation occurs. The other patron ends up going through the glass display case in the front of the restaurant. South Kingstown Police arrest Client.

Result:
Disorderly Conduct: DISMISSED AND EXPUNGED

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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 Case in RI

2011-03-09T21:20:00.001-05:00

Possession of Marijuana Defense Attorney Macktaz posts case results.

Criminal Charges: Possession with Intent to Deliver Marijuana
Police Report: Client seen walking through the Roger Williams University campus with a backpack. School security stops Client in order to do an “alcohol check” and asks to look in Client’s backpack. Security finds, and eventually turns over to the Bristol Police, ten (10) individually wrapped baggies containing marijuana, a digital scale, plastic baggies and a significant amount of cash.
Result:

Possession of Marijuana: REDUCED to Simple Possession of Marijuana
with Intent to Deliver and off Client’s record in one (1) year.
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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.

RI Criminal Attorney Posts Case Results for Larceny

2011-03-09T21:17:00.002-05:00

Criminal Attorney in RI Larceny Charges Dismissed and Expunged

Criminal Charges: Larceny Under $500.00 (3 Counts)
Police Report: Client is watched by an independent witness removing real estate signs from three (3) different lawns in the town of North Smithfield. The witness then follows Client’s vehicle while on the phone the entire time with the police department. Police stop Client’s motor vehicle and find the signs in the Client’s possession. Client gives a full written confession admitting to taking the signs.
Result:

Larceny Under $500.00 DISMISSED AND EXPUNGED
Larceny Under $500.00 DISMISSED AND EXPUNGED
Larceny Under $500.00 DISMISSED AND EXPUNGED

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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 and Disorderly Conduct Case Results

2011-03-09T21:11:00.004-05:00

RI Criminal Attorney Macktaz posts case results for DUI and Disorderly Conduct...

Criminal Charges: Driving Under the Influence; Disorderly Conduct; Breathalyzer Refusal
Police Report: Client is questioned by Providence Police regarding a large fight outside a local nightclub. Police say client smells like alcohol and is swearing at police “at the top of her lungs”. Client gets into her vehicle, rolls down the window, and tells the police that “they need to learn respect”. Client is then pulled over and charged.
Result:

Driving Under the Influence: DISMISSED AND EXPUNGED
Disorderly Conduct: DISMISSED AND EXPUNGED
Breathalyzer Refusal: DISMISSED AND EXPUNGED
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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.

RI Attorney Helps Client With Possession of Marijuana Case

2011-03-09T16:36:00.001-05:00

RI Marijuana Lawyer Macktaz Helps Client With Possession of Marijuana Case

"I was a student at Roger Williams University in Bristol. I was walking from a cigarette gazebo to my friend's dorm while carrying my backpack with me. My backpack contained just under an ounce of Marijuana, a digital scale, a new package of sandwich bags, an empty cigar tube, rolling papers, and a lighter. Upon walking to my friend's dorm I was stopped and asked by the head of public safety and an RA on campus if she could check my bag to see if it contained alcohol. I told her no and she asked me again. I hesitated but again did not give her permission. She asked me to place my bag on the ground and to give my student ID to the RA. Upon doing so the head of public safety peered into my bag and saw a few of the contents. She immediately called the rest of the public safety team and Bristol police to the scene. The contents of my bag were dumped out onto the sidewalk and photographed. Soon after I was escorted to my dorm by two Bristol cops who proceeded to search my room finding about $240 in cash. I was arrested for Felony Possession of Marijuana with Intent to Deliver and spent a night at the Bristol Police Station and the next in the ACI. Months later, after hiring Attorney Macktaz, the charges were dropped to a charge of misdemeanor possession of Marijuana with a one year filing and some minor court fees. Essentially this means that he helped me get the charge dropped from a Felony to a simple misdemeanor and as long as I do not get arrested for a period of one year, the whole thing will be wiped clean from my record. I cannot express my gratitude enough to him for helping me get my record clean and helping me put this whole ordeal behind me.

Nothing is a guarantee in this world but hiring Attorney Macktaz is one of the best things you can do if you are looking to help yourself in a bad situation. Make the right decision and hire an Attorney with experience to help you when you need it most."

- Zack from Connecticut

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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 Defense Attorney Macktaz records another victory for client

2011-03-09T16:34:00.001-05:00

RI Marijuana Possession Defense Attorney Macktaz provides another successful case result for his client charged with Assaulting a Police Officer and Obstruction of Justice. See case details below.

Criminal Charges:    Possession of Marijuana

Police Report:    Client is stopped for speeding by South Kingstown Police who notice the 2 back seat passengers acting in a suspicious manner. When police approach the vehicle they observe a metal grinder and small bag of marijuana on the floor between the two rear seat passengers. After being taken from the vehicle, Client tells police there is more marijuana in the glove compartment. Client is charged with the marijuana in the glove compartment.

Result:
Possession of Marijuana:        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 Lawyer Joshua Macktaz at 401-861-1155 or CONTACT him via email.

RI Assault and Battery Defense Attorney Macktaz posts successful case results for client

2011-03-09T16:31:00.001-05:00

RI Assault and Battery Defense Attorney Macktaz provides another successful case result for his client charged with Assaulting a Police Officer and Obstruction of Justice. See case details below.

Criminal Charges:    Assaulting a Police Officer; Obstruction of Justice
Police Report:    Client is pulled over after reaching his driveway by a Newport police officer for having a rear window completely obstructed by snow. After police write Client a ticket, Client rips ticket out of police officer’s hand and tells the police officer to “get the f*ck off of my property”. Police state that Client then becomes violent and opens his car door into the leg of the police officer and refuses to be handcuffed. Client is maced by the police officer.

Result:

Assault and Battery on a Police Officer:    DISMISSED
Resisting Arrest:                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 Lawyer Joshua Macktaz at 401-861-1155 or CONTACT him via email.

Weapons Charge in Massachusetts a Misunderstanding

2011-03-04T12:43:00.005-05:00

Weapons charges can often be the result of misunderstanding or timing situations. Explained more clearly, an owner of a firearm must register as the holder of a firearm in each state that he or she visits or lives in. When first moving to a new location, if you are the owner of a handgun, or other weapon, be sure to check with your local authorities regarding the restrictions and regulations for carrying a weapon. In this way you may avoid more serious consequences like arrest or criminal charges as a result of your failure to register the weapon.

UMass law student faces weapons charges
Mar 04, 2011
By News staff

DARTMOUTH, Mass. (AP) -- A University of Massachusetts Law School student wanted in Texas has been arrested on firearms and assault charges.

John Ethan Cassidy of Spring, Texas was ordered held pending a dangerousness hearing at his arraignment Thursday in New Bedford District Court. He pleaded not guilty to charges including possessing firearms without the proper permits.

Police say the 26-year-old first-year law student was arrested Wednesday. Police who searched his apartment in Dartmouth say they found an AK-47 and a 9 mm handgun as well as hundreds of rounds of ammunition. Police also allege he assaulted his roommate.

Cassidy is under suspicion in Texas for possessing explosive components.

His lawyer said the guns were bought legally in Texas and Cassidy was in the process of applying for permits in Massachusetts.

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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.

RI Lawyer Online

2011-03-04T10:07:00.001-05:00

It is no secret that the Internet has become our own personal virtual library. Anything and everything we may want to know, at our fingertips with a simple search.

What may escape some business owners this year however, is the magnitude of the importance in maintaining not only your Internet business presence, but also keeping your professional education and services up to date with the changing needs of the people.

You may consider yourself an expert in your field, however, if you are outmoded or falling behind in your methods of availability, no one else will ever know of your skills. People have to find you first.

Enter the legal forum system. This new breed of advice column features a question and answer forum style, allowing clients to log-in anonymously, and get their questions answered by an actual attorney. Most forums are free to ask your question, some charge for the answers, and still others allow a voting system to decide the best answer, and who will get the minimal payment offered.

If you'd like to jump ahead of the crowd a bit, set up a system to offer quick advice on your own website instead.

'E-lawyering will be mainstream in 3 years'
By KATHRYN LEGER
March 4, 2011

A few weeks ago, a New Brunswick judge ordered a lawyer to force his client to download her Facebook page so that it could be used against her in a personal injury lawsuit with an insurer.

The lawyer, James Crocco, was told by the judge, Frederick P. Ferguson of Court of Queen's Bench, that he should hire another lawyer to summon his client to a meeting without telling her what it was about and obtain the download lest she delete some of her photos and videos.

The case has since been settled out of court with a cash award for the woman claiming a settlement from the insurer of the other driver involved in the car accident that injured her.

That stumped plans by her lawyer to challenge the order in appeals court on the grounds that it was the equivalent of executing a civil search warrant on his client and that it threatened her right to legal advice.

It is unclear whether such an order could be issued in Quebec, but the case - similar in nature to one in Quebec last year that captured worldwide attention - underlines how social media and new technology are changing the ways lawyers can advance or defend their clients' claims in court.

What jurisprudence does exist in Quebec relative to the use of social media as evidence in courts and what legal tools are available to different parties to obtain such evidence will be discussed at the fifth edition of the Legal IT conference that takes place a few weeks from now in Montreal (see www.legalit. ca for details).

"People think the rules are different because it is in a computer format, but there are still reliability thresholds to be achieved," says Marcel Naud, the Robic LLP intellectual property lawyer who is director of the organizing committee for the conference sponsored by the Young Bar Association of Montreal following its founding by Dominic Jaar, now legal technology adviser with KPMG Canada in Montreal.

"You have to be comfortable with issues that develop online because if you say: 'I don't deal with online stuff because it is too complicated,' you might miss something that is quite material."

Xavier Beauchamp-Tremblay, an intellectual property lawyer at Ogilvy Renault LLP who lined up this year's speakers for LegalIT 5.0, added: "Since the financial crisis, it is has been more and more important for lawyers to understand technology to become more productive and give better client service and understand the issues.

"We're trying to provide that on the practical side to try and get lawyers to embrace technology but be aware of their potential pitfalls.

"And on the theoretical side, to understand how technology is very rapidly changing the role of law in many domains."

"If you don't stay informed, you cease to be relevant," said Robic's Naud, adding that the conference also features forward-looking issues that could be in the mainstream in a year or two from now.

The dispensing of legal services to the public over the Internet is one of them.

Read more HERE

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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 Violence Laws in RI Evaluated

2011-03-03T19:12:00.001-05:00

RI Domestic violence laws will be reviewed and rewritten if necessary to offer more protection to victims of criminal acts in the home. This after the year of 2010 saw more domestic violence deaths in the state than any other.

Bills aimed at reducing domestic violence

February 22, 2011

By Philip Marcelo

Journal State House Bureau

PROVIDENCE –– Following a year in which Rhode Island saw its highest number of domestic violence-related murders, four bills are being introduced into the state legislature this year to better protect victims and their children.

The bills, three of which have been submitted in previous years, include increased penalties for strangulation, disorderly conduct and Internet crimes such as cyberstalking.

The Rhode Island Coalition Against Domestic Violence hopes the package of bills, which it has made its top legislative priority this year, will send a strong message to repeat offenders. With 13 domestic violence-related deaths, 2010 was the state’s deadliest year on record for domestic violence, according to the coalition.

“If we are serious about ending domestic violence, then we have to be serious about stopping domestic violence. And that means putting in good tools for police and prosecutors for holding batterers accountable and we believe that these bills will give our justice system those tools,” said Zulma Garcia, the coalition’s policy director.

The first bill –– H5261 and S70 –– is aimed at disorderly conduct offenders and has already generated opposition from the American Civil Liberties Union. The proposal calls for stiffer penalties for repeat petty misdemeanor charges when they are charged under the state’s Domestic Violence Prevention Act.

State law currently calls for mandatory jail time of up to one year after two misdemeanor offenses; a third offense constitutes a felony with a mandatory prison sentence up to 10 years. The coalition-backed proposal would make petty misdemeanors subject to the same enhanced penalties if classified as a domestic violence crime.

Garcia says the proposal is targeted specifically at disorderly conduct, which is a petty misdemeanor that was the second-most-common domestic violence charge in 2010, with 2,077 charges, an increase of 13 percent from 2009, according to the coalition. (Disorderly conduct is considered a domestic violence crime when it is committed by a family or household member against another.)

But Steven Brown, executive director of the Rhode Island affiliate of the American Civil Liberties Union, says applying the same tough standard to a petty misdemeanor is inappropriate.

“Petty misdemeanors are designated the least serious of all criminal offenses. Three of these minor offenses simply should not be treated the same as a major offense,” he said in written testimony submitted to the House Judiciary Committee last week.

A second bill –– H5087–– would make choking and strangling, even if it does not cause serious injury, a felony assault. (Strangulation is currently charged as a misdemeanor simple assault.) According to the coalition, a domestic violence victim who has been strangled is nine times more likely to be killed than one who has not.

A third bill –– H5264 –– is being introduced for the first time this year and would add cyberstalking and cyberharrassment to the 14 crimes that can be charged as domestic violence offenses under the state’s domestic violence law.

By including such internet-related crimes under the state’s Domestic Violence Prevention Act, victims can be afforded extra protections, including an automatic no-contact order against the offender, and penalty enhancement for repeat offenses, according to the coalition.

The final bill focuses on child custody and visitation rights for parents, establishing a protocol for state Family Court to use in divorces and separation where there is a history of domestic abuse or violence. That bill has yet to be introduced this year but was submitted last year.
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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.

Superior Court Judge Gale Retires After 10 Years on the Bench

2011-03-03T19:10:00.003-05:00

RI Superior Court Judge Gale has just retired. We'll take this opportunity to thank him for his many years of exemplary service, and wish him all the best in his retirement.

R.I. Superior Court Judge Gale, 67, to retire March 1
Feb 22, 2011
Katie Mulvaney

PROVIDENCE, R.I. -- Superior Court Judge Edwin J. Gale has announced he will retire March 1.

A former federal prosecutor who focused on organized crime, Gale alerted his staff late Friday he would be stepping down. His most recent assignment was in Washington County.

Gale, 67, was nominated to Superior Court bench in 2001 after the death of Judge Thomas H. Needham.

He is the first judge to retire among judges who are subject to using averages to determine pension benefits. He will receive a $109,952 pension, or 75 percent of his average salary in his three highest consecutive years of pay, according to court spokesman Craig N. Berke.

The Judicial Nominating Commission, meanwhile, at its meeting next week is expected to pick candidates to interview for two Family Court vacancies. The open posts were created by Haiganush R. Bedrosian 's elevation to chief judge and Judge Raymond E. Shawcross' retirement.

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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.

Rhode Island Crime Lab unable to keep up with Case Load

2011-03-02T10:00:00.000-05:00

RI Criminal Defense Lawyer Macktaz found this article in a recent Providence Journal and felt it was important information for people to have.

R.I. Crime Lab has Backlog of 400 Cases
February 13, 2011
By Amanda Milkovits

SOUTH KINGSTOWN –– After two young boys were shot on the basketball courts in Providence’s Manton Heights housing project in November, the police caught a young man carrying a gun and a grudge against the residents in Manton. But three months later, the gun found on the young man still hasn’t been examined — and the police still don’t know if he is the Manton shooter.

The brother of a Pawtucket police captain was on his way to work in August 2008 when he was shot to death. The Pawtucket police urged the Rhode Island State Crime Laboratory to check all incoming firearms of a similar model and caliber, hoping to link someone to the murder. But when the lab lost its firearms examiners last April, the work stopped.

A man was charged with shooting three Providence officers in a drug raid in December 2009, but none of the guns or bullets had been examined. That left the police scrambling last October, when the case was scheduled for trial, to find another crime lab to take their evidence.

All across the state, the police are seizing firearms, shell casings and bullets from shootings and homicides –– many of which end up in file cabinets at the Rhode Island State Crime Laboratory at the University of Rhode Island.

Most wait months or years to be examined. Now, the crime lab’s director estimates, there’s a backlog of 400 cases, going back to 2007.

Last spring, he told police departments to stop sending firearms evidence entirely, since he had no way to get it tested.

It was a crisis that the director, Dennis C. Hilliard, says he saw coming and tried to prevent. Hilliard says he warned the attorney general’s office and state legislators in 2009 that cuts to his budget would mean the end of firearms forensic work.

By the time the House Finance Committee decided last May to increase his budget, Hilliard says, it was too late. Rhode Island’s longtime firearms examiner had retired. The person who’d been training for two years to succeed him took a higher-paying job in Connecticut. And Hilliard couldn’t find any qualified firearms examiners to replace them until late fall; they couldn’t start working on cases until December.

By then, the absence was showing in police investigations and delayed criminal trials.

The state crime lab was founded in 1952 by a URI chemistry professor with a passion for forensic science, Hilliard says, and in 1978, the General Assembly made it the state’s official laboratory.

But even though the crime lab conducts crucial forensic science — the science of law enforcement — in Rhode Island, it has been what Hilliard calls “the redheaded stepchild” of state agencies.

The lab’s work analyzing firearms, fingerprints, and trace evidence is spread over parts of three buildings at the URI campus in South Kingstown. The staff occupies part of two floors at Fogarty Hall, firearms examiners work on the second floor of the Parking Services building across the street, and firearms are tested in a metal tank in a garage next door.

But those distances are short compared with the trek to where DNA work –– analyzing blood, semen, and saliva –– and toxicology — tests regarding drugs and alcohol — go on: more than 30 miles away, at the state Department of Health in Providence.

Proposals to combine the facilities in one place, and under the umbrella of the Department of Public Safety, have never gotten off the ground. Instead, the crime lab has been shunted from one department to another.

The lab was part of the attorney general’s budget until 2009. Then, after a report from the National Academy of Sciences recommended keeping crime labs separate from law enforcement, to encourage the labs’ impartiality, the lab was bounced to the state Department of Health.

There, Hilliard says, it was considered a contracted service, which meant it was subjected to the same 10-percent budget cut as other state contracted services. Annemarie Beardsworth, Health Department spokeswoman, said Friday that the budget showed the crime lab as a contractual service, so the department had no choice but to cut it.

Hilliard sought federal grants to make up for the cuts, getting $42,000 for one position and $158,000 in stimulus money to pay for two firearms examiners and a technician. But those were short-term fixes, he said.

Next year the crime lab’s budget is moving once more — to the Department of Higher Education, Hilliard hears.

Meanwhile, the crime lab’s workload has increased for a variety of reasons, from pressure on the police to crack down on gun violence and the “CSI effect” on juries.

In the past, for instance, using forensics may have been seen as “overkill” in shooting cases where it was clear who was using the firearm, says Gerald Coyne, Rhode Island’s deputy attorney general. But now, with “CSI” and many other TV shows showing the work of forensic science weekly — and making it seem easy — juries expect that the police and prosecution have eliminated any other possibilities. And the defense is ready to pounce.

“I can’t imagine a case going forward to trial when they haven’t examined the weapons,” said Public Defender John Hardiman. “That would be a very viable area for any defense attorney.”

Firearms examiners check the firearms, bullets, casings and gunshot residue from crime scenes. They can determine whether a gun was fired, at what range, and whether the evidence seized at the scene is connected with the gun. They test-fire weapons and compare the cartridge cases against others in regional and national computer databases, determining whether there is a match in the grooves and whorls that show unique identifying marks from a particular gun, sort of like fingerprints for weapons.

For the Providence Police Department, which handles the most shootings and homicides in the state — last year, 110 of the 133 firearms cases sent to the crime lab came from the city — evidence found at crime scenes helps them not only solve the case at hand, but lets them make connections with unsolved crimes.

“We don’t know the significance of every shell casing,” said Providence Police Maj. Thomas F. Oates III, commander of the department’s detectives. “It would be nice when we grab someone with a gun, if we can link it to other shootings.”

The number of cases coming into the crime lab was already overwhelming late last winter, when legislators were determining the budget.

The budget was still unresolved in April, when the lab’s longtime firearms examiner retired and the newly trained examiner took another job.

Hilliard said he offered to train Providence police and state police personnel to be firearms examiners –– saving money and reducing the backlog –– but was told the departments couldn’t spare the manpower.

In May, Hilliard told the police to stop sending firearms evidence to the lab, because there were no examiners and no place to store the evidence.

Budget woes in other states compounded Rhode Island’s problems. When he lost his firearms examiners, Hilliard says, he asked crime labs in Massachusetts and Connecticut to handle Rhode Island’s priority cases.

“By June and July, they said, ‘We can’t do this anymore,’ ” he recalls.

Hilliard returned to the General Assembly, and remembers saying, “I told you this is what’s going to happen.” His appearance before the House Finance Committee in May convinced the legislators to increase this year’s budget by $100,000, said spokesman Larry Berman. “They enhanced it after the governor took it out,” Berman said.

The two new firearms examiners Hilliard hired late last fall are setting priorities to work through the backlog, he said.

But this is complex work, he said, and in the simplest cases, the turnaround time is one to two weeks.

“The bottom line is, we need more examiners,” Coyne said.

But with the state in a fiscal crisis, is there money for more?

Hilliard hopes to persuade the General Assembly of the need. He says the possible move of the lab’s budget from the Department of Health to Higher Education –– which must be acted upon by the General Assembly –– is a better fit, given its location at the university. And the dean of URI’s College of Pharmacy sits on the commission that oversees the crime lab, so the educational establishment is already involved.

House Speaker Gordon Fox is coming for his first tour of the crime lab next month.

“My hope is, the state legislators continue to understand the situation and they make a concerted effort to fund it in a fiscal crisis,” Hilliard said.

For now, the fallout continues.

The case of James Lapre, a Tiverton man accused of killing a friend last February, has been delayed because the .22 caliber gun believed to be the murder weapon has never been examined. “We just couldn’t get to it,” Hilliard said. The state police gave up waiting and took the firearm back in September, to be examined somewhere else, Hilliard said.

It still hasn’t been done. Hardiman said his office is still waiting for someone to do the work, before the public defender gets an independent evaluation of the weapon. Hardiman said he’ll be hiring Bob Hathaway, the retired firearms examiner from the crime lab, for the evaluation.

Christopher Hall, the man charged with shooting three Providence police officers in a drug raid, ended up pleading guilty before the case could come to trial in October. The defense had argued that Hall didn’t know at first that he was shooting at police officers, but thought he was being ambushed in a home invasion. So, to bolster his case for a higher sentence, Assistant Attorney General Matthew Dawson on Wednesday called the crime lab for the results from the firearms examination.

But the four guns seized from Hall and the police back in December 2009 still have never been examined.

The sentencing is scheduled for March 16. Hilliard says the testing will be complex, but “we’ll hope to have them done as soon as we can.” Meanwhile the Providence Police are investigating other leads into the shooting that wounded Joshua Torres, 12, and Angel Santiago, 13, on the Manton basketball courts.

With its two new firearms examiners now at work, the crime lab has resumed accepting firearms violation cases from the police. And the Providence police say they are prioritizing.

Among the guns the Providence police sent to the crime lab last week is one to be traced for a possible connection in the homicide of Carl M. Seebeck, the brother of Pawtucket Police Capt. John Seebeck.

Carl Seebeck was walking to a bus stop in Pawtucket before dawn in 2008 when someone shot him to death. The police said at the time that the shooting of the 63-year-old man appeared to be random. Since then, the leads in the murder have faded away.

On Friday, the firearms examiners test-fired the gun from Providence — the first time since April they have been able to test a weapon that might be involved in the Seebeck case.

Maybe, once the test has been analyzed, the gun will prove to be the missing clue in Seebeck’s murder. Or maybe it will tell a story about another shooting.

Slowly, the state’s crime lab is again beginning to try to find the answers.

BY THE NUMBERSCrime lab in crisis

Too few employees are working on too many cases at the URI crime lab.

10

Employees at URI site: 2 firearms examiners, 2 trace examiners, 2 latent-print examiners, 2 administrators, 1 part-time technician, 1 part-time forensic consultant.

196

Firearms violations cases other than homicides, 2009

133

Firearms violations cases other than homicides, 2010 (state stopped accepting guns in May)

3,244

Pieces of evidence accepted for examination in 2010; not all were examined

$775,000

Crime lab budget for fiscal 2011
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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.

Arrested for DUI in RI?

2011-02-24T16:37:00.000-05:00

The RI Drunk Driving Laws are some of the toughest in the country. The diligence of RI State Police and Law Enforcement in pulling over individuals suspected of driving under the influence has likely saved countless innocent lives in the process of lowering the state's statistics for drunk driving deaths.

It may be difficult to believe that anyone could still be lingering under the assumption that it is okay to drive while intoxicated, and while mistakes are made with regard to honest individuals who simply do not realize they have had too much to drink, it is heartening to see that in many instances of DUI arrests, the suspects are typically well over the legal limit.

Having one too many needs to become a mainstay for cab service or getting a ride home in order to protect both yourself and other innocent drivers from potential injury or death. However, we all make mistakes, and if you find yourself in a situation where you have been arrested for DUI or DWI, contact an experienced criminal defense attorney immediately for advice.

Found below is an article found in a past Providence Journal article.

DUI suspect had highest alcohol level recorded
By Richard C. Dujardin

A North Providence man who crashed into a road sign late Monday was tested as having a blood-alcohol level six times the legal limit — believed to be the highest reading on a Breathalyzer in Rhode Island, according to the state police.

Stanley Kobierowski, 34, was tested after he crashed into an electronic message board on Route 95 near Providence Place. He tested at the scene with a blood-alcohol level of .489 and then .491. Kobierowski was released on personal recognizance after a bail hearing and will face another hearing Friday on charges of drunken driving and resisting arrest.

Brown University officials confirmed yesterday that until last year, Kobierowski was a chef at the residence of Brown president Ruth Simmons. He was also a chef at the former LaLuna restaurant and currently works at Providence’s Down City Café.

Kobierowski spent most of yesterday at Rhode Island Hospital’s detoxification unit. The police said they had to delay his arraignment until late in the afternoon largely because the hospital would not allow him out of its care until his blood alcohol had dropped below the legal limit of .08. When he arrived at the hearing at the state police barracks in Lincoln at about 4:45 p.m., he was wearing khaki shorts, a sweatshirt and a bandage on his chin. He was trembling slightly.

Two experts on detoxification and alcohol detection said later that in many ways, Kobierowski is lucky to be alive.

“For the average individual, there is a very severe risk of death when you start to approach a reading of .4,” said James Harasymiw, director of Alcohol Detection Services in Big Bend, Wis. He is slated to speak at a conference in Washington next week on a new screening designed to detect people who have been drinking heavily over the previous four to six weeks even though they appear to be sober.

“He is in a very small class of people because most people — even heavy drinkers — would be unconscious or approaching death to get up to .5. The danger with this guy is that with that kind of tolerance, you may appear to be fine one moment and unconscious the next.”

The state police said yesterday that they were still trying to find out where Kobierowski, of 29 Campbell Ave., North Providence, had been prior to his late-night crash on Route 95. “He said he was coming from home, but in that case, he was going in the wrong direction,” said Maj. Steven G. O’Donnell, the superintendent of the state police.

The police said they have been unable to determine how many drinks Kobierowski may have had. Amitava Dasgupta, a professor of pathology and laboratory medicine at the University of Texas-Houston Medical School, said much depends on the person’s size. He said 15 years ago, he treated a man in Chicago who had a blood alcohol level of .8 — and survived. “The guy had been drinking all afternoon with his friends, then got into a car and had an accident.”

Dasgupta said that for a man to reach a level of .491, he would have had to be drinking whiskey, rum or tequila — 6 to 10 shots — within two or three hours.

Harasymiw calculated it differently, estimating that the man would have had to have had roughly 24 drinks — defined as a 12-ounce glass of beer or a shot and a half of whiskey — over six hours.

The police said that when Kobierowski hit the sign about 11:51 p.m. Monday, he appeared intoxicated, slurring his words. When Troopers Jeffrey L’Heureux and Nuno Vasconcelos instructed him to exit his vehicle, he had trouble getting out of his seat. Once he stood up, troopers say, they had to hold his arms to take him to the rear of his car.

But as they did so, they say, Kobierowski grabbed onto the car and refused to move, forcing troopers to pick him up and carry him from the lane of traffic into the breakdown lane, where he was unable to carry out any of the sobriety tests.

In his hearing yesterday before bail commissioner Bernard Limos, Kobierowski was released on $1,000 personal recognizance pending a District Court hearing on Friday.

As he left the state police barracks, he told a crowd of reporters that he had “nothing to say.” When someone asked if he needed a ride home, he said, “I already have a ride” and proceeded across the street to sit down at a bus stop.

Brown officials declined yesterday to talk about why Kobierowski, who had a clear police record, had left his job at Brown. The Down City Café, his current employer, also declined to comment.

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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.

Medical Marijuana Dispensary Applications for the second round are Submitted

2011-02-22T11:58:00.001-05:00

Rhode Island Marijuana Attorney Macktaz found this article of interest for those following the Medical Marijuana situation in the state of Rhode Island.

Familiar Names on RI Marijuana-Dispensary Applications
Feb 09, 2011
By Philip Marcelo

PROVIDENCE, R.I. -- Some names familiar in political circles popped up in the applications to establish a state-sanctioned facility to grow and sell medical marijuana.

Former Senate Majority Leader John J. Bevilacqua is on the board of AltMed Inc., a recently-formed nonprofit organization that is looking to open a dispensary in Harris Manor, a former nursing home in North Scituate.

State Rep. John McCauley, a Providence Democrat, is on the board of Innovative Solutions for Non-Profits, Inc., which is looking to open a marijuana-growing and selling site in Providence.

That's the same group that former state Supreme Court justice Robert G. Flanders Jr. resigned from last month. Flanders, recently appointed as the new state receiver for the troubled City of Central Falls, served as director for the organization, which advises other nonprofits.

And Terence M. Fracassa, a lobbyist for Harrah's Entertainment and, later, Apollo Management, the New York-based private-equity firm that now owns the casino giant, is on the board of directors for the Summit Medical Compassion Center, which is looking to open a facility in Warwick.

They join some perhaps more-prominent names -- like former NBA player Cuttino Mobley, who is the sole financier of the Summit Medical Compassion Center -- associated with groups seeking a state medical-marijuana dispensary license.

Former state Democratic Party Chairman and former Congressional candidate William J. Lynch, for example, is part of a Pawtucket-based group looking to set up a marijuana growing facility in the city's To Kalon social club, which is up for sale.

He joins retired Pawtucket Police Chief George L. Kelly III; Mary E. Bray, a member of the state Public Utilities Commission and the Pawtucket City Council; and Louis Yip, a Pawtucket real-estate developer.

And former state Auditor General Ernest A. Almonte, now a member of a five-person panel appointed by Providence Mayor Angel Taveras to review city department budgets, is part of a group that's interested in opening a distribution center on Greenwich Avenue in Warwick.

That group also includes retired Cranston Police Chief Augustine A. Comella.

The state Department of Health hosted a hearing Monday to hear public opinion on the 18 applicants vying for a compassion center license.

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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.

RI Attorney Helps Client Expedite Refinance Process

2011-02-14T11:33:00.001-05:00

RI Attorney Macktaz helps client with refinance of home mortgage....

"Thank you very much for all the help you've provided me with this case! You were very knowledgeable and reassuring in everything I needed to know. I also appreciate everything you did to speed up the process of the refinancing of the home. I am very pleased with the resolution and outcome with this case and will definitely use you in the future for any of my legal needs! Thank you once again." ~ Saam K.

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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.

Same Sex Marriage Laws in RI

2011-02-14T11:25:00.004-05:00

RI same sex marriage laws are undergoing the same changes that are being seen all over the country. This argument has been ongoing for decades, with supporters in both camps feeling their way through the difficulties in keeping both sides happy. It would seem, however, that the tide is finally turning in favor of same sex unions, taking the labeling process out of the emotion of 'love', and ensuring marital equality for all.

R.I. same-sex marriage bill packs the halls
Thursday, February 10, 2011
By Katherine Gregg and Tom Mooney

PROVIDENCE — The same-sex marriage debate played out at high volume at the State House on Wednesday, with advocates waving “vote for love” signs, and opponents arguing that nothing less than the soul of Rhode Island, the well-being of its children and the “sanctity of marriage” are at stake in a year when the state’s new governor and openly gay House speaker are enthusiastically backing gay nuptials.

From a news conference to a rally to a lengthy House Judiciary Committee hearing, the arguments for and against same-sex marriage raged with so many people packing the marble stairs and hallways, the Capitol Police, in a rare but not unprecedented move, temporarily closed off the Smith Street entrance to the State House.

“We’re more hopeful than ever,” said Kim Stowell, spokeswoman for Marriage Equality Rhode Island, as more than 200 people crowded into the rotunda, and a crowd of equal size was restrained outside. “Times are changing. Everyone knows a gay person today. It’s harder to say gay people can’t get married when you are talking about someone you know.”

A smaller group of people opposed to gay marriage took up their own posts in the crowd, with small blue signs that showed a math equation of “1 man + 1 woman = marriage.”

Among them was Adam Jaquith, 28, of Woonsocket, who said he was here because “I’m a Christian man. I believe that God loves everyone. I have gay friends, but I believe that God has made it one man for one woman for marriage.”

Same-gender marriage is already legal in Massachusetts, Connecticut, New Hampshire and Vermont, and was allowed in Maine until voters overturned the state Legislature’s approval of same-sex nuptials. In Rhode Island, it has been proposed every year since former state Rep. Michael Pisaturo, D-Cranston, introduced the first same-sex marriage bill in 1997.

While no vote was taken, Wednesday night’s hours-long hearing may have set the stage for Rhode Island’s own lawmakers to finally decide where they stand.

In a written statement to the committee, Governor Chafee said: “I support the Marriage Equality Act as a matter of fundamental fairness.

“In 1967, the United States Supreme Court held that ‘the freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men.’ Today, same-sex couples — loving, productive and valued members of our community — are not free to exercise this right in Rhode Island. They are not free to form a public social contract that all agree promotes family stability and provides social, financial and legal benefits to its participants.

“This is not acceptable to me and should not be acceptable to anyone else. When we deprive gay and lesbian Rhode Islanders of the freedom to marry, we not only deny them a fundamental right guaranteed by our Constitution, we also diminish the freedom and liberty of all Rhode Islanders,” Chafee wrote. Lt. Governor Elizabeth H. Roberts conveyed her own support in person.

In her turn at the microphone, Rhode Island Bar Association President Lise M. Iwon recited a sampling of the legal obstacles that, she said, the same-sex couples who are her clients face, despite her efforts to craft legal agreements that cover every financial and medical possibility.

“Clients spend thousands of dollars on wills, estate planning, relationship agreements, powers of attorney, adoptions and other documents trying to plan for every eventuality, every tragedy, every mundane circumstance,” she said. “But no matter how many or what safety nets I try to help them put in place, there is simply no way to provide them with the full scope of protections they would automatically receive if we were able to marry.”

And “because we cannot marry,” she said, gay and lesbian couples who conceive a child via artificial insemination “must incur enormous financial expense and emotional stress of having the second parent adopt the child,” including “criminal background checks, a six-month waiting period, a home study and adoption hearing.”

Mark Goldberg, who led the 2009 battle for a law allowing same-sex partners to make funeral decisions for each other, came to the hearing with a very different argument for allowing gays and lesbians to marry. “In addition to being the right thing to do, passing this law could have an economic benefit to the state,” he argued in written testimony.

He explained: “Being a gay man, which often equates to good taste, I am going to hire only the finest caterers, florists, venue and entertainment. I can easily find the best of the best, right here in R.I. Imagine a whole new set of prospective clients to the many businesses here in our state pumping money into the economy.”

But opponents from as far away as California, and as near as the Catholic Diocese of Providence and the Congdon Street Baptist Church, disputed the contention that the fight for same-sex marriage is akin to the battle by blacks for civil rights.

Leading off their news conference was state Sen. Harold Metts, D-Providence, a black man, who said “many in my community do not think that what people do in the bedroom, the privacy of their bedroom, is civil rights.”

Later, the Rev. Bernard Healey, speaking on behalf of the Catholic diocese, said advocates wrongly reduce marriage to a “bundle” of social benefits to be attained rather than an institution to be preserved.

Maggie Gallagher, the chairwoman and founder of the National Organization for Marriage, said her group would prefer same-sex marriage be put to a popular vote. But “we do not believe that our marriage laws are discriminatory,” she said. “We think that marriage is the union of husband and wife for a reason … [because] the unions really are unique. They are the only ones that can make [new] lives and connect those children in love to their mother and father.”

Local lawyer Joseph V. Cavanagh went further, telling the lawmakers that “by leaping into this abyss, we will undermine forever the ideal that marriage between a man and woman is the preferred family — which it should be and always has been in human history.”

“It doesn’t mean that same-sex couples can’t have relationships,” he said. “But let’s not redefine marriage. The difference is the difference. It’s a man and a woman who only themselves, uniquely coming together, can perform this act of love between themselves, to have a child, children, and raise them. That’s what we’re talking about. That’s what marriage is.”

“Same-sex marriage with all due respect, is an oxymoron,” he said.

NOM also flew in Dr. Jennifer Roback Morse, the president of a NOM offshoot known as The Ruth Institute, who drew comparisons between the fight against abortion and the fight for the principle that children “need a mother and father,” and lawyer Austin R. Nimocks, of the Alliance Defense Fund, while Christopher Plante, executive director of the local chapter, asserted: “The ball is slowing down, if not going backwards.”
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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.

RI DUI Defense Attorney Macktaz posts successful case results for client

2011-01-26T01:01:00.001-05:00

RI DUI Defense Attorney Macktaz posts successful case results for client.

Criminal Charges: Driving Under the Influence, 2^nd Offense

Police Report: Client is involved in a motor-vehicle accident during lunch time. Middletown Police arrive and observe Client to be unsteady on his feet, to have bloodshot and watery eyes, and to be slurring his words. Client had previously been convicted of driving under the influence within the past 5 years.

Result:

Driving Under the Influence (2^nd): Reduced to Reckless Driving with NO LOSS OF LICENSE

Possession of Marijuana Criminal Defense Attorney announces a successful case outcome for a client

2011-01-26T00:56:00.001-05:00

Rhode Island Possession of Marijuana Criminal Defense Attorney announces a successful case outcome for a client.

Criminal Charges: Possession of Marijuana

Police Report: Client is stopped for speeding by North Kingstown Police who immediately detect a strong odor of freshly burnt marijuana emanating from Client’s vehicle. Police take Client out of vehicle and find a small bag of marijuana on the driver’s seat. Client admits the marijuana was his.

Result:

Possession of Marijuana: DISMISSED

Domestic Assault and Battery Defense Attorney Macktaz reports and successful outcome for a client

2011-01-26T00:52:00.001-05:00

RI Domestic Assault and Battery Defense Attorney Macktaz reports and successful outcome for a client.

Criminal Charges: Domestic Assault and Battery

Police Report: Newport Police respond to a call for a disturbance in an apartment complex. Upon arrival, police observe victim to be shaking and crying. She tells police that Client struck her and choked her in front of their 2 young children. Two other adults provide witness statements to the police corroborating the victim’s story.

Result:

Domestic Assault and Battery: DISMISSED

RI State Police adopt new rules on release of records publically

2011-01-26T00:51:00.000-05:00

RI DUI Defense Lawyer S. Joshua Macktaz found this article of interest pertaining to treatment of public records by the Rhode Island State Police.

R.I. State Police adopt new rules on release of records5:47 PM Mon, Jan 24, 2011
Tracy Breton

PROVIDENCE, R.I. -- The Rhode Island State Police have issued new written guidelines to codify their practice regarding the release of information about crimes and incidents they investigate and people who are charged.

They appear on their face to liberalize internal guidelines that the state police have had in effect for years, making it clear that the only information about an arrest that will automatically be redacted from a report is a subject's Social Security number.

But open-government groups are crying foul, expressing "deep concern" that the new regulations -- which go into effect Feb. 3 -- "would significantly restrict the information publicly available from the state Department of Public Safety." They are also attacking "the questionable process by which the regulations were adopted."

Lisa Holley, legal counsel for the state police, says she realizes that some people may think that the revised regulations appear to be a retrenchment in terms of what the state police will be making public. But she says this will not be the case. She said that the rules, which all state agencies have been directed to put in writing, merely codify a current practice for release of information that has been in effect for years.

"Usually nothing is withheld for more than 24 hours at the most" unless it's a fatal accident where the attorney general is planning to bring criminal charges. In those cases, says Holley, the state police will immediately release an incident report but the investigative reports will remain secret until a driver is charged. "Those are usually the DUI cases."

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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.

Rhode Island DUI Attorney Joshua Macktaz found this DWI article amusing

2011-01-18T13:17:00.000-05:00

Rhode Island DUI Attorney Joshua Macktaz found this DWI article amusing and wanted to share it with his readers.

Two men riding horse, mule arrested for DWI

by SHELTON GREEN / KVUE News
kvue.com
Posted on January 11, 2011 at 10:22 PM
Updated Wednesday, Jan 12 at 11:59 AM

Two men were arrested for driving while intoxicated on 6th Street Friday night. One was riding a horse, while the other was riding a mule.

Austin police say the men were both intoxicated. They were apparently trying to lure people out of bars and into the street to take pictures with them and their farm animals.

Bartender Brian Matthews thought he had seen everything; that is until he walked outside to have a cigarette Friday night.

"There were these two guys on horses, or mules, or something, outside of Shakespeare's," he said. "(It) looked like they were being pulled over for a DUI."

Jose Rios, 33, and sidekick, Samuel Olivo, Jr., 48, parked their horse trailer near I-35 and 12th Street. They rode their mule and horse down to 6th Street, inviting people to take pictures with them and their four-legged beasts.

Police video shows the two being stopped by officers. In the video, Rios appeared to be so intoxicated that he could not even finish his sobriety test.

Austin police arrested the pair for DWI.

"The law has recently changed and the motor vehicle definition is a little ambiguous, but they felt that it would fit that criteria," said Commander Jason Dusterhoft, of the Austin Police Department.

The DWI charges may be lowered to public intoxication.

"In the City of Austin it is legal to ride a horse on a public street," Commander Dusterhoft said. "What we were obviously concerned about is them being intoxicated, inviting people out into the street causing a danger, causing a danger to themselves, the public, the horses."

"Well, it was unusual. You certainly don't get these types of arrests. This is the first time I've ever encountered this," said Tony Plohetski, a writer for the Austin American-Statesman who first reported the story. "I think one of the big questions that I think a lot of people are going to have is, 'Was this really against the law? Is it against the law to be intoxicated going down a city street on a farm animal?' And there are, from the best I can tell, different opinions about that."

One of the cowboys was so intoxicated that police say he had to be hospitalized. The animals were taken to animal control and it is not clear if they are back with their owner.
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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.

RI Criminal Defense Attorney Newport RI Office Moves

2011-01-14T11:36:00.000-05:00

RI criminal lawyer Josh Macktaz is pleased to announce that his Newport Office Location will move to 37 Bellevue Avenue. The move was prompted by a need for more space for his growing Criminal Defense firm, formerly located on Touro Street.

“I'm very excited about the move,” said Attorney Macktaz. “We were outgrowing the Touro Street office, and as a native of Newport the new Bellevue Avenue location is a wonderful opportunity me to continue to serve the community here.”

The new office is located on beautiful Bellevue Avenue surrounded by the Newport Mansions and minutes from scenic and historic Newport Harbor. Convenient parking access is available as well.

Innocent Man released after DNA evidence clears him in Rape Crime.

2011-01-11T11:23:00.000-05:00

RI Criminal Defense Lawyer S. Joshua Macktaz found this following article of interest. 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.

Texan declared innocent after 30 years in prison
By JEFF CARLTON
The Associated Press
updated 1/4/2011 1:51:32 PM ET

A Dallas court overturns his conviction after DNA evidence clears him

DALLAS — A Texas man declared innocent Tuesday after 30 years in prison could have cut short his prison stint twice and made parole — if only he would admit he was a sex offender.

But Cornelius Dupree Jr. refused to do so, doggedly maintaining his innocence in a 1979 rape and robbery, in the process serving more time for a crime he didn't commit than any other Texas inmate exonerated by DNA evidence.

"Whatever your truth is, you have to stick with it," Dupree, 51, said Tuesday, minutes after a Dallas judge overturned his conviction.

Nationally, only two others exonerated by DNA evidence spent more time in prison, according to the Innocence Project, a New York legal center that specializes in wrongful conviction cases and represented Dupree. James Bain was wrongly imprisoned for 35 years in Florida, and Lawrence McKinney spent more than 31 years in a Tennessee prison.

Dupree was sentenced to 75 years in prison in 1980 for the rape and robbery of a 26-year-old Dallas woman a year earlier. He was released in July on mandatory supervision, and lived under house arrest until October. About a week after his release, DNA test results came back proving his innocence in the sexual assault.

A day after his release, Dupree married his fiancee, Selma. The couple met two decades ago while he was in prison.

His exoneration hearing was delayed until Tuesday while authorities retested the DNA and made sure it was a match to the victim. Dallas County District Attorney Craig Watkins supported Dupree's innocence claim.

Looking fit and trim in a dark suit, Dupree stood through most of the short hearing, until state district Judge Don Adams told him, "You're free to go." One of Dupree's lawyers, Innocence Project Co-Director Barry Scheck, called it "a glorious day."

"It's a joy to be free again," Dupree said.

This latest wait was nothing for Dupree, who was up for parole as recently as 2004. He was set to be released and thought he was going home, until he learned he first would have to attend a sex offender treatment program.

Those in the program had to go through what is known as the "four R's." They are recognition, remorse, restitution and resolution, said Jim Shoemaker, who served two years with Dupree in the Boyd Unit south of Dallas.

"He couldn't get past the first part," said Shoemaker, who drove up from Houston to attend Dupree's hearing.

Shoemaker said he spent years talking to Dupree in the prison recreation yard, and always believed his innocence.

"I got a lot of flak from the guys on the block," Shoemaker said. "But I always believed him. He has a quiet, peaceful demeanor."

Under Texas compensation laws for the wrongly imprisoned, Dupree is eligible for $80,000 for each year he was behind bars, plus a lifetime annuity. He could receive $2.4 million in a lump sum that is not subject to federal income tax.

The compensation law, the nation's most generous, was passed in 2009 by the Texas Legislature after dozens of wrongly convicted men were released from prison. Texas has freed 41 wrongly convicted inmates through DNA since 2001 — more than any other state.

Dallas County's record of DNA exonerations — Dupree is No. 21 — is unmatched nationally because the county crime lab maintains biological evidence even decades after a conviction, leaving samples available to test. In addition, Watkins, the DA, has cooperated with innocence groups in reviewing hundreds of requests by inmates for DNA testing.

Watkins, the first black district attorney in Texas history, has also pointed to what he calls "a convict-at-all-costs mentality" that he says permeated his office before he arrived in 2007.

At least a dozen other exonerated former inmates from the Dallas area who collectively served more than 100 years in prison upheld a local tradition by attending the hearing and welcoming the newest member of their unfortunate fraternity. One of them, James Giles, presented Dupree with a $100 bill as a way to get his life restarted.
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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.

Rhode Island Criminal Defense Lawyer S. Joshua Macktaz published successful result for client charged with Serving Alcohol to a Minor.

2010-12-22T11:43:00.000-05:00

Rhode Island Criminal Defense Lawyer S. Joshua Macktaz published successful result for client charged with Serving Alcohol to a Minor.

Criminal Charges: Serving Alcohol to a Minor

Police Report: North Kingstown Police conduct a sting operation in local bars and restaurants using an under-aged person attempting to buy alcohol. Client is a bartender at a local establishment and serves the under-aged, undercover witness without first carding him.

Result:

Serving Alcohol to a Minor: DISMISSED

Former trooper pleads guilty to South Kingstown assault

2010-12-20T09:56:00.000-05:00

Rhode Island Criminal Defense Lawyer Macktaz found this story from ProJo.com of interest.

Former trooper pleads guilty to South Kingstown assault
5:46 PM Fri, Dec 03, 2010
By Tom Mooney

SOUTH KINGSTOWN, R.I. -- Just days before he was to be tried for a third time on assault charges, former state trooper Jeffrey Clark on Friday pleaded guilty to two counts of assaulting a handcuffed man who was sitting in the back of a South Kingstown police cruiser six years ago.

Superior Court Judge Edwin Gale sentenced Clark to two one-year suspended sentences with 15 days to serve in prison, with credit for the time Clark served following his initial 2006 conviction.

"It's clearly a day Jeff would like to have back," said Clark's lawyer Kevin Bristow. "Anyone who knows Jeff would agree he had a fine career as a state trooper. ... He made mistakes off duty. He has more than paid for them," including by losing his job.

In 2006, a Washington County Superior Court jury found Clark, now 39, of 254 Laurel Lane, South Kingstown, guilty of pummeling William Skwirz Jr., then 22, as he was handcuffed in the back of a police car early Sept. 5, 2004, and then lying about it.

Witnesses testified that Clark became enraged by a neighbor's barking dog after he returned from a wedding around 1 a.m. An argument broke out and punches were thrown between Clark and Skwirz, who was celebrating his stepbrother's return from Iraq next door. Skwirz and his friends claimed Clark threw the first punch; Clark said otherwise.

Prosecutors said Clark solicited South Kingstown officers to help him cover up the assault. South Kingstown Patrolman Robert F. Costantino and two other officers were disciplined for their roles.

Clark was sentenced to serve a year in jail but appealed his conviction. The Rhode Island Supreme Court reversed his conviction, stating that a judge had erred in precluding the defense from questioning Skwirz about his drinking the night of the incident and a $300,000 settlement he got from the Town of South Kingstown as a result of the incident. A second trial ended in a mistrial this summer.

Attorney General Patrick C. Lynch said, "We expect law enforcement officers to uphold the solemn oath they take and stand above the law. With the loss of his job as a state trooper and today's sentencing, this defendant has paid an appropriate and stiff price for abusing the trust placed in him by the Rhode Island state police and the people he pledged to protect and serve."

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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.

Ex-Woonsocket cop gets prison for assaulting teen

2010-12-17T12:59:00.000-05:00

Rhode Island Criminal Defense Lawyer Macktaz found this story from ProJo.com of interest.

Ex-Woonsocket cop gets prison for assaulting teen
2:26 PM Fri, Dec 03, 2010
By Mark Reynolds
Journal Staff Writer

PROVIDENCE, R.I. -- A former Woonsocket police officer will spend a year in prison for assaulting a teenage prisoner in a police department stairwell in September 2009.

U.S. District Court chief Judge Mary Lisi sentenced the officer, John H. Douglas, Friday morning, telling him that "those who choose to be police officers must not only respect the law but live their respect for the law, in their actions every day."

Lisi acknowledged that the juvenile victim had been in an altercation with other Woonsocket police officers at the time of his arrest earlier that day.

But Douglas attacked the teen under much different circumstances: in an area of the police department with no video surveillance, and after he had made a conscious decision to remove the prisoner's handcuffs, said Lisi.

She sent the officer to prison for 12 months and 1 day instead of the 18 months requested by Assistant U.S. Attorney John P. McAdams.

Sentencing guidelines called for 18 to 24 months imprisonment, according to Lisi.

She also sentenced Douglas to a 6-month term of home confinement, with electronic monitoring, following his release from prison, and to 18 months of supervised release after the home confinement.

"This is indeed a sad day, because an individual who was given the opportunity to serve this community as a law enforcement officer engaged in behavior toward an individual in custody that is simply not acceptable in our society," Lisi said. "And by all accounts, Mr. Douglas, prior to the evening he engaged in assaulting the young victim here, was a good police officer, a good citizen, a dedicated and devoted father, and a husband."

Douglas and two other Woonsocket Police Officers escorted the juvenile victim into a small hallway inside the police station on Sept. 15, 2009, according to federal prosecutors.

At the time, say prosecutors, Douglas was angry at the victim because he believed the person had injured a fellow Woonsocket police officer.

Douglas directed another officer to remove the teen's handcuffs, then repeatedly punched and kneed the juvenile, who remained in leg shackles, say prosecutors.

As a consequence of this beating, they say, the juvenile suffered blunt-force trauma and broken bones in his face.

"There is a real victim here, a teenage boy whose face was fractured," McAdams told Lisi.

Lisi said the record is unclear on whether those injuries were inflicted during the incident involving Douglas or sometime before that.

She also disagreed with certain arguments made by Douglas' lawyer, Thomas G. Briody, who called for a departure from sentencing guidelines.

Briody argued that Douglas qualified for such leniency because he had suffered emotional and mental trauma, both on the job and following the suicide of a close friend, a priest and former Marine chaplain. (Douglas served in the Marine Corps.)

That emotional distress, he said, took place in the weeks before the assault, and diminished Douglas' mental capacity during the incident in the station.

Said Lisi: "This defendant had significant time to contemplate and consider the actions he ultimately took in that stairwell."

Briody also asked the judge to keep Douglas out of prison entirely, suggesting that his experience to date -- his arrest by a SWAT team, the demise of his police career, the court process itself -- had been unpleasant enough to deter other police officers from assaulting prisoners.

Briody told Lisi that doctors say Douglas' 11-year-old daughter, who has diabetes, will suffer medically if she does not have two parents to care for her and monitor her insulin levels. Douglas also has a son.

Douglas, attired in a suit, spoke briefly, offering apologies to the victim, to the court and to the Woonsocket Police.

Lisi, who noted the presence of police officers in the courtroom, told Douglas he would have to go to prison. A woman broke down in tears.

Lisi ordered him to report to authorities on Jan. 4 to serve his sentence. She said she would seek his imprisonment in a facility close to Rhode Island.

"Good luck to you," she said.

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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.