What to Expect If You are Charged With a Sexual Assault Crime

Rhode Island Sexual Assault

Regardless of whether or not you have committed a crime, being arrested is a very stressful and unsettling experience. Being charged with a sex crime is even more unsettling, as there are several possible outcomes that will have a seriously detrimental affect on you for the rest of your life.

Sexual assault is defined differently depending upon the state in which the charges are brought.

Generally, it encompasses any assault on another individual that is of a sexual nature, and that is done without consent.

What constitutes a sex assault is determined by the laws of the jurisdiction where the crime takes place. These crimes can include child sexual abuse, rape, attempted rape, incest, exhibitionism, voyeurism, obscene phone calls, fondling, and sexual harassment. The absence of consent is what defines sexual activity as an assault.

A guilty verdict for any form of sexual assault may result in serious fines, registration as a sexual offender, and possibly lengthy prison sentences depending upon the seriousness of the crime.
Immediately after charges are brought forward law enforcement will arrest you. You will be read your rights and handcuffed. There are few exceptions to being handcuffed, not even for the disabled or elderly. You will be searched and have any unauthorized items confiscated and placed in a property vault. It is important to note that any illegal items found in your possession will most certainly add to the charges against you.

You will be transported to the county jail where you will then be fingerprinted, photographed, and examined by a medical practitioner if necessary. Once this is over, you will be issued a jumpsuit, footwear, and escorted to a holding cell.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Probation Violations in RI

Probation Violations

The criminal justice system incorporates a variety of practices in order to deal with a vast array of criminal offenses. One of these practices is known as probation, a sentence which acts as an alternative to long term confinement however, places the convict under court supervision.

During this period, the convicted individual must act in a manner approved by a special officer to whom the person must report regularly, commonly referred to as a probation officer.

What happens if you violate the terms of your probation?

Probation violation is a crime, and it occurs with even a mild infraction of the terms and conditions of your probation. The legal consequences of probation violation vary from case to case, and often depend upon the nature and severity of the violation, prior violations, and the original offense for which probation was initially sentenced.

The penalties for violating probation may include:  extended probation, heavy fines, and even prison time. Although in most cases the penalty will be appropriate for the nature of the offense. The laws regarding probation violation vary from state to state and include many of the same terms and conditions; which can not be ignored, refused, or broken, without consequence.
  
Common situations involving probation violations include:

• Failing to report to your probation officer
• Failing to appear in court
• Failing to make court-ordered payments
• Traveling to people or destinations for which you have been ordered to cease contact
• Using drugs or alcohol against the orders of the court
• Committing a crime while on probation
• Warning or Request to Appear in Court

If you are facing probation violation charges, it is helpful to know what your rights are, and to seek adequate legal council to present your case on your behalf. You have the right to receive an official written notice explaining the charges against you. You are also entitled to attorney representation, including the chance to present evidence and/or  witnesses in support of your case.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

New Probation Violation Reform Laws Now in Effect in RI

June 12, 2010 marked the day when new probation violation laws went into effect here in Rhode Island. 

The bill, sponsored by Senators Perry, Levesque C, Miller, Metts and Sosnowski, and Representative David Segal, makes it illegal to keep someone in prison for violating probation for a crime that they were never proven of committing.

The law was changed because, in addition to two other states in the US, RI had the worst probation violation law in existence. The previous law stated that a person who was charged with any crime, whether proven guilty or not, would be in violation of their probation for any past crimes for which they had already been convicted and sentenced. This law, in effect, had the capability to send people back to prison on the violation of their probation to serve out any suspended sentence, whether they were guilty of the allegations of the second charged crime or not.

The lunacy of this law played out in courtrooms where individuals would plead to lesser offenses, whether they were guilty or not. The reason behind this being that the defense of innocence to the crime that caused the violation in the first place, was not something that would keep them from having to return to prison for the violation itself.

The new law requires that any violations that are based upon a new charge for which the defendant has not been adjudged guilty (or acquitted or dismissed) within a reasonable amount of time, must be dismissed.

This is a tremendous leap in the criminal justice system for this State. In the past, RI had the unenviable position of being the worst state in the country regarding probation violation laws. Defendants were adjudged at the lowest standard of proof, and hearings were held at a time when mounting an adequate defense was all but impossible.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.