Arrests for Domestic Violence crimes are very common in Rhode Island. Simple arguments between family members or romantic partners can often escalate quickly and before you know it, the police are involved and someone is arrested.  This blog will explain everything you need to know about Domestic Violence arrests in Rhode Island. What is Categorized as a Domestic Relationship in Rhode Island for Domestic Violence Purposes? In Rhode Island, crimes are charged as “domestic” if the defendant (the person arrested) and the alleged victim of the crime are related by blood or marriage. Blood re ..read more

After an arrest in Rhode Island, you will be expected to go to court to face the charges. Many people get nervous going to court, especially when it is for the first time.  Other people feel vulnerable and worried when their legal situations are out of their control.  Luckily, the attorneys at Abilheira Law are here to take some of that pre court anxiety away! Our RI criminal defense lawyers have written this blog to answer some of the most commonly asked questions about court appearances in Rhode Island. If you have any remaining questions, don’t hesitate to contact us. What t ..read more

If you are arrested and charged with a crime in Rhode Island, you might be wondering, “what evidence does the prosecutor have against me?” The answer to this question comes from a process called “Discovery.” What is Discovery? Discovery is the exchanging of information and evidence by the prosecutor and defense attorney. Discovery allows a defense attorney to analyze, take pictures of, copy, or listen to any of the evidence that the prosecutor has in their possession to be used against the defendant. This is so that the attorney can properly defend their client and achieve the best possible o ..read more

In Rhode Island, you can be charged with DUI if you have a blood alcohol concentration (BAC) of .08 or more.  You can also be charged with a DUI if you refuse a chemical test but police suspect you are under the influence of alcohol (or drugs) to a degree that makes you incapable of safely operating a vehicle. Typically, most DUI charges in Rhode Island are misdemeanors and therefore carry a maximum penalty of one (1) year in jail, along with several other penalties including a loss of license, fine and community service. In certain situations, a refusal to submit to a chemical test can ..read more

For many years, people living in Rhode Island without valid US citizenship have been unable to obtain driver’s licenses. However, many of these individuals still need to drive: whether to work or school or to help loved ones. Unfortunately, without the opportunity to obtain a valid license, these individuals are often caught operating without a license. They are then charged with this offense and may rack up heavy fines as a result. They then have to work to pay the fines, must drive to work, and the vicious cycle continues. In 2022, Rhode Island legislators sought to break this cycle and pass ..read more

With the legalization of recreational use of marijuana in Rhode Island, many have wondered what impact it may have on cases involving driving under the influence (DUI) of drugs, specifically driving under the influence of marijuana. Our Rhode Island criminal defense attorneys have studied the new marijuana laws and have analyzed its repercussions on DUI’s. Read more below to get our take! What problem does marijuana legalization present when it comes to DUI? Because the recreational use of marijuana is now legal, many motorists will likely consume marijuana at some point before getting behind ..read more

In May 2022, Rhode Island lawmakers voted to legalize the recreational use of marijuana in Rhode Island. Given the change in the legal status of marijuana, many are left wondering what this means for previous marijuana crimes still appearing on their criminal records.  The experienced Rhode Island expungement lawyers at Abilheira Law are here to help navigate the new law and to assist you with criminal record expungement! Contact us today, Expungement of Possession of Marijuana in Rhode Island Under the Rhode Island Cannabis Act, “any person with a prior civil violation, misdemeanor or f ..read more

The following content was updated in May 2022. Marijuana laws are constantly changing on both the State and Federal level, making it difficult for individuals to keep up. In today’s blog, the Rhode Island criminal defense attorneys at Abilheira Law explain the status of Rhode Island’s marijuana laws, with an update after the passage of the 2022 Rhode Island Cannabis Act. What is the Difference between Marijuana Decriminalization and Marijuana Legalization? Decriminalization relaxes criminal penalties imposed for marijuana whereas legalization gets rid of pre-existing laws that ban possession a ..read more

Most of us live very busy lives: between work, school and/or family obligations, we might mistakenly forget about other important obligations, like traffic court.  So, what happens if you receive a traffic ticket in Rhode Island and fail to appear for your court date or trial? Default Judgment/ Guilty in Absentia According to Rhode Island Traffic Tribunal Rules of Procedure, Rule 17(c), the traffic court (including both the Rhode Island Traffic Tribunal and the various municipal courts in Rhode Island) may enter a default judgment against a motorist if they do not appear in court.  T ..read more

If you or someone you know has been arrested and charged with Driving Under the Influence in Rhode Island, it is very important that you be familiar with each step of the process so that you are comfortable navigating the court system.  The following three steps are common in any RI DUI case: Arraignment Pre-trial Conference(s) Trial Arraignment After the arrest, the charging police department will schedule an arraignment.  An arraignment is an initial court appearance.  The arraignment which will take place at one of the four District Courts in Rhode Island, depending on wher ..read more