| Read Time: < 1 minute | Firm News

Abilheira Law Is Still Available During the Coronavirus Pandemic

Our attorneys are still available to help you with all your legal needs during the Coronavirus pandemic. We are available to all of our current and prospective clients via telephone, video chat and email. If you or a loved one is in need of assistance, please contact us today at 401-245-5100 or allison@abilheiralaw.com

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| Read Time: 2 minutes | Criminal

RHODE ISLAND LAUNCHES NEW DIVERSION COURT

Last month, the Rhode Island Superior Court launched a new diversion court program. This first of its kind program allows individuals charged with certain felony offenses to have their case completely dismissed and expunged upon completion of the program. Who is eligible for diversion? Previously, the diversion was limited to individuals with no previous criminal history. People have turned...

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| Read Time: 3 minutes | Criminal

State v. Thomas Mosley

The Admissibility of Digital Evidence in Criminal Cases in Light of Our Modern World There’s no doubt that technology has revolutionized the modern world as we know it. Nowadays almost everyone carries a smartphone on them at all times. However, while technology (i.e. smartphones) presents us with great advantages, such as convenience, it may also present great disadvantages for...

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| Read Time: 2 minutes | DUI

Do I Have a Choice in the Type of Chemical Test—When an Officer Requests DUI Testing?

In Rhode Island, when a police officer has reasonable grounds to believe that a motorist has been driving under the influence, they may ask the motorist to submit to a breath test, a urine test, or a blood test. Of these three tests, breathalyzers are the most common.  However, with the increase in “drugged” driving, blood and urine tests...

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| Read Time: 3 minutes | Criminal

Gun Laws: Supreme Court of the United States Rules in Favor of Illegal Immigrant in Possession of Firearm

On June 21, 2019, the Supreme Court of the United States (“SCOTUS”) decided the case of Rehaif v. United States. In this case, Rehaif entered the United States on a nonimmigrant student visa to attend college. However, three semesters later, he was dismissed for bad grades, and his immigration status was terminated. Nevertheless, Rehaif remained in the United States...

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| Read Time: 3 minutes | DUI

Can Police Order a Blood Test Without A Warrant When A Driver Is Unconscious and Cannot Be Given A Breath Test?

On June 27, 2019, the Supreme Court of the United States (“SCOTUS”) answered yes. This issue came before SCOTUS in the case of Mitchell v. Wisconsin, where police came across a visibly intoxicated Wisconsin driver, identified as Gerald Mitchell. A preliminary breath test at the scene indicated Mitchell’s blood-alcohol content (“BAC”) was three times the legal limit (reading 0.24%)....

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| Read Time: 4 minutes | Domestic Violence

Understanding The Domestic Violence Arrest and Court Process in Rhode Island

Domestic violence crimes are some of the most commonly charges criminal offenses in Rhode Island. Understanding the nature of these charges and the process once charges are filed, will help you navigate the minefield awaiting in Rhode Island courts.  Today’s blog explains the ins and outs of domestic violence crimes in Rhode Island. What is a “Domestic Violence Crime”?...

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| Read Time: 3 minutes | Criminal

Robert Kraft’s Motion To Supress and Its Legal Implications

Robert Kraft was formerly known for one thing—winning six Super Bowl rings as owner of the New England Patriots; but he is now known for his involvement in a multi-million-dollar sex-trafficking operation. In February 2019, Robert Kraft was charged with soliciting prostitution, a misdemeanor, in Jupiter, Florida. Allegedly, he engaged in sexual encounters on numerous occasions with masseuses at...

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| Read Time: 3 minutes | Criminal

The Castle Doctrine and its Application in Rhode Island

The Castle Doctrine and its Application in Rhode Island What is The Castle Doctrine? The Castle Doctrine allows a person who is attacked within their home to respond with reasonable means of self-defense. Reasonable means of self-defense may include use of lethal force in circumstances where there is reasonable belief of threat of serious and imminent bodily injury or...

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| Read Time: 2 minutes | Expungement

Rhode Island Lawmakers to Consider Expanding Felony Expungement Criteria

In 2017, Abilheira Law informed readers of a new law which allowed individuals to expunge up to five (5) misdemeanor convictions. Now, this legislative session, lawmakers have proposed new legislation that would expand this law to allow the expungement of multiple felony convictions. Currently, under Rhode Island law, individuals are only eligible to expunge one felony if: They are...

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