Recently, the attorneys at Abilheira Law, LLC learned that they had been victimized by internet scammers from outside of the United States. These fraudsters took our website, used the name of our firm, the names of our lawyers, our photos and other online content, to perpetuate an internet scam. After reporting the misuse of our information to several agencies,...
Continue ReadingWhat Is Reasonable Suspicion And What Does It Allow the Police To Do? Reasonable suspicion is a lesser standard than probable cause. A police officer has “reasonable suspicion” to stop someone if s/he obtains a reasonable belief that crime is afoot. What this means is that police must be able to articulate specific facts that caused the officer to...
Continue ReadingDUI checkpoints (also known as “mobile checkpoints” or “roadblocks”) are traffic stops not prompted by individual suspicions by police. In Michigan Dept. of State Police v. Sitz (1990), the United States Supreme Court upheld the constitutionality of DUI checkpoints. In that case, the Court ruled that the “degree of intrusion” resulting from sobriety checkpoints does not exceed the danger...
Continue ReadingIn Rhode Island, individuals may be charged with a misdemeanor, a felony, a civil violation or an ordinance violation. It has long been established that those individuals charged with a misdemeanor or felony may be eligible for a motion to seal/motion to expunge if they meet certain criteria. However, Rhode Island judges have varied in their stance on sealing/expunging...
Continue ReadingOur 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
Continue ReadingLast 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...
Continue ReadingThe 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...
Continue ReadingIn 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...
Continue ReadingOn 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...
Continue ReadingOn 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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