Up To Five Misdemeanor Convictions Can Now Be Expunged In RI Earlier this year, Abilheira Law informed readers that new legislation was proposed in the General Assembly that would allow individuals to expunge up to five (5) misdemeanor convictions. On July 18, 2017, the Governor signed into law House Bill 5205 Sub. A. This new law still allows first...
Continue ReadingLast year, the United States Supreme Court in Birchfield v. North Dakota, ruled that individuals could not be prosecuted criminally for refusing to submit to a blood test. Currently, Rhode Island law criminalizes second and subsequent blood test refusals, which is unconstitutional after the Birchfield decision. In response to the Supreme Court’s decision, the Rhode Island General Assembly is...
Continue ReadingOn March 11, 2017, the 61st Annual Newport St. Patrick’s Day parade will be held in Newport, Rhode Island. Every year, thousands of people flock to the streets to celebrate the Irish holiday and each year hundreds are arrested for various crimes. Last year, over eighty (80) individuals were arrested in Newport alone, along with dozens of others in...
Continue ReadingThis year, individuals with criminal records in Rhode Island may finally get the opportunity to clear their record. Several new laws have been proposed in the House of Representatives and Senate, which would allow criminal defendants to expunge their records, even if they were previously ineligible for expungement. Currently, under Rhode Island law, individuals can only expunge a criminal...
Continue ReadingThe Rhode Island State Police and police municipalities across Rhode Island have announced that they will be increasing patrols to target motorists driving under the influence (DUI). From December 14, 2016 through January 1, 2017, Rhode Island will mobilize troopers and officers for the “Drive Sober or Get Pulled Over” campaign. The only way to truly prevent a DUI...
Continue ReadingOn November 8, 2016, Massachusetts residents voted to legalize the recreational use of marijuana. The criminal defense attorneys at Abilheira Law have analyzed this new marijuana law to tell you what is legal, what is illegal, and what issues remain unanswered. What is legal? Massachusetts law will allow anyone over the age of twenty-one (21) to: Possess up to...
Continue ReadingThe United States Supreme Court recently issued a decision in Birchfield v. North Carolina that impacts chemical test refusals in Rhode Island and several other states. Read today’s blog to find out more on this landmark decision and the effects on Rhode Island drivers. Can police take a chemical test without a warrant as a search incident to arrest?...
Continue ReadingOne of the most common charges in District Court in Rhode Island today is Driving on a Suspended License. Currently, those charged with Driving on a Suspended License face criminal convictions, jail time and hefty fines, even for a first offense. A new law expected to take effect this year, drastically changes the punishments associated with this offense: A...
Continue ReadingIn January 2015, the Rhode Island General Assembly instituted the first law that allowed individuals convicted of a DUI and/or a Chemical Test Refusal to operate a motor vehicle while their license was suspended with a hardship license. This hardship license was discretionary and was only issued to individuals who needed their license to get to and from work....
Continue ReadingOn May 18, 2016, the Rhode Island House of Representatives will consider a new bill proposed by the Rhode Island Attorney General that would open the door for even more individuals to expunge their criminal records. Currently, Rhode Island expungement laws allow only first time offenders to expunge one misdemeanor or felony from their criminal record. Under this proposed...
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