Avoiding A Criminal Record - What is a Diversion?

Sometimes the criminal justice system comes up with a good compromise between justice and mercy. This doesn't happen often, but when a defendant who has no prior criminal record and the offense is not considered serious, a compromise is sometimes reached that allow this person to move past one incident without acquiring a criminal record.

One such compromise is called a "diversion." A diversion means a case is "diverted" out of the criminal justice system for a period of time (usually one year), during which time the defendant must undergo treatment, counseling, make restitution to the persons harmed or perform community service.

If the defendant meets these conditions, pays all fines and court costs, and does not get into any additional trouble with the law during this time period, the case is dropped and this person does not have a criminal record.

Avoiding A Criminal Record - What is a Diversion?

On the surface a diversion sounds good, but in my experience it can be a two-edged sword. Usually, defendants must plead guilty in order to be considered for a diversion. So if, during the time period of the diversion, they fail to comply 100% with the terms of their diversion, or if they get into any other trouble, the courts will automatically find them guilty based on their guilty plea.

This last point is where I have seen many defendants get tripped up. A single alcohol-related incident, a domestic complaint or even the accusation of a crime may be all it takes for a court to revoke the terms of a diversion. And , with that guilty plea already submitted, the defendant's conviction is a foregone conclusion.

A good criminal defense lawyer can help you negotiate with a prosecutor for a diversion. But as always, be careful about accepting a plea agreement if you are in fact innocent, and have the evidence to support your innocence.

Here again, sometimes it is just better to fight for your innocence in court. But to do this, you must have a good criminal lawyer [http://www.askcrimelawyer.blogspot.com] fighting for you.

In order to be considered for a diversion, the defendant is generally regarded as "salvageable" by the prosecutor and the court. This means, they do not regard the individual as a career criminal, but someone who could be straightened out by the counseling, restitution or other terms of the diversion.

Generally, if the defendant's criminal defense lawyer and the prosecutor agree on the terms of the diversion, the judge will agree. But not always. Sometimes a judge will refuse to sign off on a diversion because he or she wants to send a message and show the community that he or she is "tough on crime."

With harsher drunk driving laws on the books, a diversion may not be an option for driving under the influence in your state.

The key point that I cannot emphasize strongly enough, is to remember that you are under the microscope throughout the time of your diversion, which is generally a year. This means that you must not only fully comply with every detail of your deversion's requirements, you must also avoid any other run-ins with the law. Particularly alcohol or domestic incidents.

Avoiding A Criminal Record - What is a Diversion?
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Free Criminal Records Search Tips - How to Find Free Criminal Records Resources Online

There are many reasons why you may want to find someone's criminal records. For example, suppose you're dating online and are thinking of meeting someone in person. You may want to check and see if that person has a criminal record. Or maybe you are interviewing for a babysitter or nanny. In this case it is extremely important to make sure the candidates have a clear criminal record. Even other types of employers may want to check the criminal records of applicants to make sure they are not a risk when it comes to theft or drug use.

Luckily, there are lots of free resources online to help you locate someone's criminal record. One of the best out there is Search Systems It is the largest free database of its kind and allows you to search using a variety of different criteria. Examples include by category or location. Not only can you search in the United States, but in Canada and Europe as well. Examples of records you may be able to find include birth, death and marriage records, criminal records, sexual offender records, copyright and trademark records and more.

The National Sex Offender Registry is available online too. This site makes it easy to find out whether or not your neighborhood is safe from these potentially dangerous predators. In addition, you can also view Amber Alerts for missing children right on this site. Not only that, but you can receive alerts on a regular basis and even share them with others. Sites like these are very important for parents and families when it comes to keeping kids safe.

Free Criminal Records Search Tips - How to Find Free Criminal Records Resources Online

If you are not able to find the records you are looking for online, there are other options. Often, you can discover what you need to know simply by visiting your local courthouse and requesting public records. If this strategy does not work, you may decide to use a paid service. Free services can be really helpful, but some people decide to go with a more comprehensive paid search option. When it comes to safety, there's no price on peace of mind. You'll find paid services online as well as private investigators in your area who can handle the entire process from start to finish.

Free Criminal Records Search Tips - How to Find Free Criminal Records Resources Online
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For more information on conducting your own criminal record searches, and free criminal records background checks visit http://www.investigateonline.net/criminal.htm Today!

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Criminal Trials: The Difference Between a Bench Trial and a Jury Trial

Anyone who has any familiarity with the United States Criminal Justice System and more importantly Criminal Trials knows that trials can be had either by a Judge or a Jury. In this context, the Judge and the Jury are what are known as the 'Trier of Facts;' which means they are the ones which judge the merits of the case. Having a case heard by a Jury, or by a Judge (called a Bench Trial) can affect the outcome of a Defendant's case. It is always good to explore what options you have as a Criminal Defendant with your Criminal Attorney. Going over the pros and cons of both a Jury Trial and a Bench Trial will help you make a determination as to which one will best serve your needs when taking your case to trial.

First to be covered in this article will be a Bench Trial. A Bench Trial, or trial by a Judge, is where there is no jury sitting in on the case. The Judge serves two purposes in a Bench Trial. First, the Judge makes determinations and ruling regarding procedural and evidentiary issues of the trial. This means that the Judge will dictate how the case will proceed, make rulings on objections, and deal with any other issues that may arise during the trial, either by the Judge themselves or on the request of the attorneys. The second purpose of the Judge in a Bench Trial is to make an ultimate ruling as to the guilt of the Defendant.

The Judge, who has listened to the evidence, and with an understanding of the law, will make the determination as to whether the State has proven their case 'beyond a reasonable doubt.' If the State succeeds in proving their case, the Judge will find the Defendant guilty and issue a sentence for them based on the Sentencing guidelines of that jurisdiction, as well as possible the criminal history of the Defendant and facts surround the case. If the Judge finds the State did not prove their case beyond a reasonable doubt, the Judge will find the Defendant not guilty. Bench Trials can be a good thing when there is some procedural or evidentiary issue which the case may be won on. If the criminal complaint is flawed, or some action of the Police was prohibited, a Judge will be able to recognize it and, likely upon motion of the Defense Attorney, dismiss the case. A Bench Trial, however, can be bad when the evidence against the defendant is damning and there are no procedural or evidentiary issues with the case. Criminal Judges see these cases day-in and day-out and many do not have the same level of sympathy as a jury member may.

Criminal Trials: The Difference Between a Bench Trial and a Jury Trial

A Jury Trial is a Constitutional Right under the Sixth Amendment of the U.S. Constitution. The right does not apply to 'petty crimes' which have been determined to be those which do not carry with it the possibility of six months or more in prison. The U.S. Supreme Court has held that, in accordance to the Constitution, a jury can contain no less-then six jurors. There is no requirement for a unanimous verdict, though Federal court and some States require it. A Jury trial, as mentioned above, is better suited for handling cases in which the Defendant's case may not be that strong, and the strategy is to have the jury use their sympathy for the Defendant in making their ruling. So, if the Defendant's trial strategy is pleading to the sensibilities, or the heart-strings, of the 'trier of fact,' a Jury Trial will better serve the Defendant. A Judge still sits in on a Jury Trial to handle the procedural and evidentiary issues which may come up.

For help with your criminal case, speak with a local criminal attorney.

Criminal Trials: The Difference Between a Bench Trial and a Jury Trial
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As a Raleigh Criminal Attorney and Raleigh DWI Attorney, I have had many and varied experiences in the world of Criminal Justice. I have experience on both sides of the 'isle,' as I have been both a Criminal Defense Attorney as well as an Assistant District Attorney. Early in my days at North Carolina Central University School of Law, I developed an interested in Criminal Law. Specifically, how the system relies on the majority of the public not having a well rounded understanding of the laws and the Justice System used to enforce them. For that reason, I have pursued my interested into a career as a Criminal Defense Attorney working out of Raleigh, North Carolina. I opened my own law firm, Matheson Law Office, with the intention of being one of Raleigh's top Criminal Defense Attorneys.

Disclaimer - Information and advice offered in this article is for informational and educational purposes only and is specific to North Carolina law. The viewing, receipt and/or exchange of information from this article does not constitute an Attorney-Client Relationship. For assistance regarding your particular legal question speak with an Attorney practicing in the field from which your questions derives.

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Free Public Arrest Records?

It is really rather easy and convenient to conduct a Criminal Record Search on people nowadays. In fact, there is a whole range of specific categories of criminal records to choose from. Arrest Records is one of the favorites and there are good reasons for it. Generally, there is no limitation imposed by the authorities on the release of arrest record information. There is also practically no restriction on the use of the information derived. That makes it one of the friendliest and useful tools to research the criminal past of virtually anyone.

Except where the subjects are juveniles or when it is deemed to be against public interests of security or other official proceedings, arrest records are strictly public records. That means they are freely retrievable through any legitimate means that are available to the public. By definition, they are documentations of any detention or custody taken by law enforcement, including military authorities, on grounds of suspicion or allegation of criminal violation. This record itself stands whether or not it results in incarceration, indictment, dismissal, discharge or acquittal.

Arrest records are commonly used to check out job applicants, new neighbors, friends, prospective spouse or in-laws and even tenants. It must be noted though that it is not permissible particularly in relation to employment to officially ask someone if he or she has ever been arrested. When asked in that context, it should be understood that an individual can rightfully decline to answer without any threat or repercussion.

Free Public Arrest Records?

There are a number of options to access arrest records. Free information can be obtained from police departments or even the FBI with written requests. Many of the government agencies have websites that will serve this purpose too. Fees are usually nominal if required at all. There are also private databases on the web which can be explored. Some are free, some paid and others hybrid in a sense that charges come into play depending on what level of information is sought. For example, many of the commercial information brokers online offer free searches and charge when hits are made and download of the report is ordered.

Free Public Arrest Records?
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Why take any chance with people when you can have the complete truth with a simple Public Arrest Records Check? Visit us at Arrest Records Online to learn all about Police and other Criminal Records.

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What is a Pretrial Hearing? And How It Works

The process of a pretrial hearing basically happens when there is a case, which requires discussion outside the domain of a court. Often cases are brought to the court, mostly involving a process of divorce or settlement over basic issues and these can be solved without a formal trial. Both parties are requested to be present near the judge who needs to mediate this discussion. If you want an experienced lawyer to be present in the process and you live in Seattle, then it is a good idea to go in for a Seattle criminal attorney who will most certainly ensure that have you legal aid in your side in case you need it.

There are several trial cases of criminal activities in which the convicted usually pleas for a pretrial hearing which is obviously always outside the court. This tends to become relevant if a person is wrongly accused and would like to bring about some kind of a settlement. The presence of a Seattle criminal attorney who is experienced in the process is required. A lot of things can be discussed during this hearing, which can be later on used in the court if required. Often people tend to say a lot of things due to the situation and this is where the attorney guides their clients.

A client needs to go through the details of a pretrial hearing with their criminal attorney primarily because the judge is present. The judge can lay down some basic rules before the trial actually starts out and it is relevant for the attorney to ensure that discussions proceed without compromising the situation of the client. There have been cases in which the pretrial hearing has solved the case and there has been no need to have an official trial in court. Primarily due to this reason, a pretrial hearing is preferred by many people.

What is a Pretrial Hearing? And How It Works

What is a Pretrial Hearing? And How It Works
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Adam Min is the owner of The Articles Box, a site with articles about all kinds of topics like, for example, Seattle criminal attorney.

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Criminal Misdemeanor Law in Rhode Island (RI) - Plea Agreements - Sentencing & What is a Conviction?

A misdemeanor is any offense punishable by up to one year in Jail. Typical misdemeanors are: driving under the influence of alcohol / drunk driving (dui / dwi), shoplifting, domestic assault, Second (2nd) offense refusal to take the breathalyzer, driving on a suspended license, writing bad checks, domestic vandalism, simple assault and battery, domestic disorderly, reckless driving, disorderly conduct, etc. There are different rules that apply to driving with suspended licenses and this article does not fully address those provisions.

If you cannot afford an attorney to represent you then you should contact the Public Defender. The Rhode Island Office of the Public Defender represents eligible clients in criminal law matters (misdemeanors / felony) for no charge. Do not use this article as a substitute for seeking independent legal advice from a lawyer.

It is a very bad idea for a person to represent themselves (pro-se) in a criminal case. Please note that this article only applies to Rhode Island misdemeanor offenses and does not apply to any other states!

Criminal Misdemeanor Law in Rhode Island (RI) - Plea Agreements - Sentencing & What is a Conviction?

At the arraignment, A person should almost always say not guilty and hire an attorney. If a person cannot afford a lawyer then the person should go to the Public Defender. After the arraignment the matter will be set for a pretrial conference a couple of weeks later. In some very limited circumstances a person can work out a plea deal at the arraignment. It is usually a very bad idea for a person to enter into a plea agreement without an attorney.

At the pretrial conference a person can change their plea after meeting with the prosecutor and or the judge and after finding out what the prosecutor is offering for a a sentence. A defendant can negotiate with the prosecutor through their lawyer. If a plea agreement cannot be worked out at the pretrial conferences the matter will be set for trial. The matter also could be scheduled for motions prior to the trial if motions are requested.

A person should never change their plea from not guilty to nolo contendere or guilty without a plea deal from the prosecutor.

In Rhode Island, a defendant can enter one of four pleas: guilty, not guilty, nolo contendere or an "alfred plea".

Guilty and Not Guilty Pleas

The pleas of guilty and not guilty are obvious. If the plea is not guilty then the matter will be scheduled for a trial on the merits in which the prosecution must prove beyond a reasonable doubt that the person is guilty of the alleged offense. The person will be presumed innocent and it is the prosecutions burden to prove that the person is guilty. Usually, it is a very very bad idea to take a guilty plea! Guilty pleas or a finding of guilt after a trial is always a criminal conviction in Rhode Island.

Nolo Contendere Plea

Nolo contendere means a person is not contesting the charges. When a defendant takes a nolo contendere plea in Rhode island, the defendant is indicting that he does not want to contest the charges but is also essentially admitting to the charges.

What is the difference between a guilty plea and a nolo contendere plea in rhode Island? There is a huge difference! A guilty plea is always a criminal conviction under Rhode Island law. A criminal conviction has major negative implications especially when a person applies for employment. A plea of nolo contendere may not constitute a criminal conviction in Rhode Island. A plea of nolo contendere is only a conviction in Rhode Island if there is a sentence of confinement (such as the ACI or home confinement), a suspended sentence or a fine imposed.

For example, A plea of nolo contendere with a sentence of probation and a contribution to the violent crimes indemnity fund or court costs will not constitute a conviction under Rhode Island law! For example, A plea of nolo contendere with a sentence of a filing and a contribution to the violent crimes indemnity fund (vcif) will not constitute a conviction under Rhode Island law.

However, anything with a fine attached to it will be a conviction under Rhode Island law. Therefore, it is important that the defendant gets either no fine or a contribution to the victims fund or court costs rather then a fine.

All misdeameanor plea agreements in Rhode lsland should be nolo contendere with court costs or a contribution towards the victims indemnity fund rather then guilty pleas!

Alfred Pleas

Alfred Pleas are strongly disfavored by judges in Rhode Island (RI) and are difficult to get. Alfred pleas derive from a United States Supreme Court case. In an Alfred plea, a defendant will admit that the state has sufficient evidence to convict him or her if the case went to trial but will not admit to anything.

DUI / Drunk Driving charges

In Rhode Island, any plea to drunk driving, driving under the influence, DUI/ DWI is a conviction under Rhode Island law. A breathalyzer refusal plea of guilty or "admitting to sufficient facts" is not a criminal conviction because a breathalyzer refusal is a civil case. For more information concerning Rhode Island drunk driving / dui and breathalyzer refusal law please see => http://ezinearticles.com/?Rhode-Island-DUI---DWI-Law-Should-I-Refuse-The-Breathalyzer?&id=486659

Guilty Finding after Trial and appeals de novo

If the defendant is found guilty after trial the sentence will constitute a conviction. If a person is found guilty at trial in district court they can appeal de novo (of new) to the Superior Court and the conviction will be erased and the case will essentially start all over again in the Superior Court.

Obviously, the defendants best result is either a dismissal by the prosecution or an acquittal.
A defendant has five days to file an appeal of a guilty finding after trial or appeal a plea agreement that he / she is unhappy with. In the Superior Court appeal, the defendant has a right to a trial by jury. Whereas, in The District Court a person waives their right to a trial by jury but in exchange for their waiver of their right to a trial by jury has the right to appeal any guilty finding de novo (of new) to the Superior Court. A person charged with a misdemeanor essentially has two bites of the apple so to speak. A defendant can attempt to win at a judge decided trial in District Court and then if they lose they can do it all over again with a jury trial in Superior Court.

What is a "filing" in Rhode Island?

A one year filing is usually only offered by the prosecutor as a penalty for first time offenders. A filing is a penalty that is typically offered for first time offenders for relatively minor misdemeanors. A filing is the lowest form of penalty available and is always better than probation for an accused. A filing is when the case is put aside for a year and if the person stays out of trouble for a year then the case is eligible to be expunged and destroyed at the end of the year.

Be careful, do not forget to have your filing expunged at the end of the year! It is not automatic. A certified copy of the expungement order must also be sent to the Rhode Island Attorney General 's office, the Rhode Island State Police and the local police department that pursued the criminal charge. In the event that a person is found guilty after trial, a person could still be sentenced to a one year filing. However, any guilty finding after trial will constitute a conviction. A guilty finding with a penalty of a filing should be appealed to avoid a conviction.

(Expungement is a process in which a person can have certain eligible Rhode Island criminal records expunged off there record. In order to obtain an expungement of a Rhode Island criminal record a person must file a motion to expunge. I strongly advise that you contact me or another Rhode Island criminal law attorney to determine whether a criminal record can be expunged.)

If a one year filing is offered by the prosecutor / city solicitor and is accepted then the case will be "filed" for a year. This is commonly called a "filing". If the defendant does not get arrested or get in other trouble and complies with the conditions of the filing during the one year period then the case can be easily expunged from a person's record after the year.

What types of filing are there in Rhode Island

There are two types of filings, not guilty filings and nolo contendere filings. A not Guilty filing is when the defendant maintains his innocence and the case if filed for a year. A not guilty filing is not usually allowed by Judges in the District Court! Not Guilty filings are extremely rare in the District Court. Some judges will not allow not guilty filings as a matter of policy. Not guilty filings are very beneficial to the defendant as the best case scenario short of a dismissal or not guilty finding because if the person is accused of a new crime or violating their filing the state will need to still prove their underlying case.

A nolo contendere filing is when the defendant admits to guilt and the case is filed for a year. The vast majority of filings are nolo contedere filings! A major difference between a not guilty filing and a nolo contendere filing is when a person is violated for a not guilty filing then the state / prosecution must prove guilt at that time. Whereas, if a person is violated for a nolo contendere filing, the judge simply must impose a sentence because the person has already admitted guilt to that offense.

If the person violates his filing by not complying with the conditions of the filing then the persons filing can be revoked by the Court. If a person takes a nolo contendere filing and gets into further trouble, violates the conditions of the filing or is arrested on a new offense then the person will be hailed back into court to be sentenced on the filing. (unless the filing was a not guilty filing which means the prosecution must prove the defendants guilt) There are various conditions that can be put on a filing inluding alcohol and drug counseling, domestic violence counseling or classes, restitution, no contact with the victim and community service.

A person that has a filing is subject to being held at the aci for 10 days as a violator of his filing if he is arrested for a new offense during the filing period.

What implications are there for domestic violence offenses in Rhode Island?

If the underlying charge is for a domestic offense such as domestic assault, vandalism, or domestic disorderly conduct then the defendant will be ordered to have no contact with his wife, girlfriend or the victim as the case may be.

Upon entering a plea or being found guilty of a crime with domestic implications then the defendant will be ordered to complete a batterers intervention program which involves attending classes. The defendant can also be ordered to pay restitution to the victim if applicable and obtain substance abuse or mental health counseling. Failure to attend the Batterers classes or failure to pay restitution or failure to attend counseling could be considered a violation of probation or a filing.

If the defendant violates the no contact order then the defendant will be charged with a separate offense of violating a no contact order as well as violating the conditions of the filing or probation, as a result of the communication.

The no contact order will remain in effect while the case is pending and during the period of any penalty or sentence. The no Contact order will expire if the case is dismissed. For example, a no contact order will stay in effect until any probationary period or suspended sentence is completed.

Rhode Island Family Court restraining orders

Be careful! There may be a separate restraining order that issued from Rhode Island Family Court as a result of a complaint protection from abuse in a divorce or family law matter. The Family Court has jurisdiction to issue restraining orders for up to three (3) years. The Family Court can issue restraining orders for persons who are married, are divorced, are family members or who have children in common as well as other jurisdiction set forth in the statute. There may also be a restraining order issued by a Court of another state or another Court

Violation of Family Court Complaint protection from Abuse restraining order is a crime in itself and also may constitute a violation of probation, bail and violation of conditions of a filing.

District Court Restraining orders:

There may also be a District Court restraining order from your (ex) boyfriend or girlfriend. The District Court has jurisdiction to issue restraining orders for persons who were or are in a dating relationship or who are roommates. Violation of a District Court restraining order is also a crime in itself. Violation of a District Court restraining order is also a violation of probation and a violation of the terms of bail and a violation of the conditions of a filing.

Superior Court Restraining orders:

Violation of A Superior Court restraining order is punishable by contempt proceedings which could result in confinement. However, violation of a Superior Court restraining order is not a crime in itself. Violation of a Superior Court Restraining order could be considered a violation of bail, probation or conditions of a filing.

Issues concerning custody and visitation of children as well as divorce and family related matters:

The District Court in a criminal case cannot be involved in setting vistitation or dealing with issues concerning divorce or custody of the minor children. The Rhode Island Family Court is the proper Forum for dealing with issues related to divorce and child custody such as: child support, visitation, financial restraining orders and issues concerning marital property, marital real estate and debt.

If your spouse or girlfriend or boyfriend is preventing you from visiting or talking to your child as a result of a criminal case or no contact order then you may need to file for divorce or a separate action for custody or visitation in Family Court.

The Family Court can set visitation and child support as part of a Complaint protection from abuse restraining order. In some instances when domestic violence is alleged or there are issues concerning alcohol, drug abuse or mental health then the Family Court may order supervised visitations. These Supervised visitations my occur at the Providence Family Court or may be supervised by a third party.

No Contact Orders in Rhode Island explained

A "no contact order" means that the defendant is precluded from having any contact and or communication with the victim or the person under the protection of the no contact order. This includes but is not limited to letters, emails, text messages or messages delivered through a third party.

In other words if a person is under a no contact order and sees the victim in public they must leave the area immediately and not acknowledge the victims existence. A person cannot even say "hi" if they walk by the victim by chance on the street.

Be very careful! A person can be arrested for violating a no contact order even if the victim initiates the contact and calls the defendant. A person can be charged with breaking a no contact order even if invited by his wife to come back to the marital home.

Even if the victim tells you that the no contact order has been dropped, do not take the victims word for it. You must see the piece of paper signed by the judge dismissing the no contact order before any contact or communication is initiated. A no contact order expires when the sentence period is finished. However, be careful because there may also be a restraining order issued as a reult of a divorce or family court matter or a District Court restraining order.

A person who is on probation or a probation attached to a suspended sentence must be even more vigilante in order to not violate the no contact order. For example, a single phone call made by the defendant to a victim under the protection of a no contact order probably means a minimum of ten 10 days in jail at the ACI. We are not talking about the local town jail but the ACI.

Violation of conditions of filing

Please note, that a person who has a filing can be held for up to ten days at the ACI if arrested for a new charge / crime. A person who is on a filing must be very careful that he / she stays out of trouble.

If the person is violated from the terms and conditions of the filing then hypothetically the filing could become a conviction because that person has already admitted to the charges by pleading nolo contendere and giving up his right to contest the charges. Court costs will be imposed if there is a nolo contendere filing in a criminal case.

Probation in Rhode Island

If a person receives probation then they will need to abide by the conditions of the probation and agree to keep the peace and be of good behavior. If a person violates his/ her probation by being arrested for a new crime then the person may be held in Jail at the ACI as a probation violator. After ten days a person has the right to a hearing. At the probation violation hearing, the prosecutor must only convince the judge so that the judge is "reasonably satisfied" that the person violated the probation by committing the new offense. Also the person will be prosecuted for the new offense as a separate charge from violating the probation. There is a good chance that if a person is violated for his probation that the probation which was originally not a conviction will now ripen into a conviction.

A probationary period is a time of great risk for a defendant and a defendant must be careful to stay out of trouble!

A person can also be violated for his probation for various infractions that may not be criminal acts but that violate the conditions of probation such as not keeping probation informed of new addresses, leaving the state without permission, not paying court costs or restitution, not properly reporting to the probation officer, etc. When a person is under probation in Rhode Island, he or she is essentially is in a contract with the state to keep the peace, be of good behavior and comply with the conditions and rules of probation.

What is a probation with a suspended sentence in Rhode Island?

If the charges are serious or the person has a lengthy criminal record of has already been placed on probation before then in addition to the probation, the judge may attach a suspended sentence. A person who has a suspended sentence is in a period of extreme risk because a new offense could lead to substantial jail time!

A suspended sentence is always a conviction under Rhode Island law. A person with probation and a suspended sentence attached will not spend anytime in prison unless the person violates the conditions of his probation as set forth above.

The period of the suspended sentence is the most time that a person could spend in prison if the person violates the conditions of the probation or commits a new offense. If the person violates the probation, the judge could sentence the person up to the amount of time that is suspended. Please note that the person could get additional sentence and or penalties as a result of the new charge. It is in the defendants best interest to have the period of suspended sentence to be as short as possible. The suspended sentence typically is for the same amount of time as the period of probation.

Please note that if the offense is driving on a suspended license there are special rules that apply that are set forth in the statutes.

Most prosecutors and judges believe that each sentence should be more severe then the last. A person's first minor offense is likely to lead to only a filing which is the lowest form of penalty in Rhode Island. A person usually will only be allowed one filing.

Could I be incarcerated at the aci or serve time in jail as a result of a misdemeanor charge?

Yes. A serious misdemeanor could lead to incarceration at the Adult Correctional Institution (ACI). The Vast majority of misdemeanor cases do not result in a sentence of incarceration! A habitual offender could eventually face jail time. A person convicted of a second or third offense dui / dwi faces a minimum mandatory sentence to the ACI . A person with a probation violation or suspended sentence could face incarceration depending on the circumstances. In a Misdemeanor District Court case the Court only has jurisdiction to sentence a person to a year in jail. In some instances a person might qualify for Home confinement in lieu of a sentence at the ACI.

Please be advised that there are different considerations related to Felony criminal charges which are not addressed in this article including but not limited to deferred sentences. Please consult the Rhode Island Public Defender's website for information related to felony charges and for an explanation of a Deferred sentence.

It is important that this criminal law article be used for informational purposes only and not as a substitute for seeking legal advice from a Rhode Island lawyer.

Criminal Misdemeanor Law in Rhode Island (RI) - Plea Agreements - Sentencing & What is a Conviction?
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Rhode Island lawyer David Slepkow concentrates in criminal law, dui, divorce, family law, personal injury law, and automobile accidents. You can contact David at http://www.slepkowlaw.com or by calling him at 401-437-1100. David Slepkow is a lawyer and partner at Slepkow Slepkow & Associates, Inc. in East Providence, Rhode Island. Slepkow Slepkow & Associates, Inc. was established in 1932 and is currently celebrating its 75th anniversary! Attorney, David Slepkow is a member of the Rhode Island (RI) and Massachusetts (MA) Bar Association. David offers free initial consultations and accepts all major credit cards. If necessary, David can arrange weekend and evening consults. David never charges any fee for personal injury case, automobile / auto/ car accidents and slip & fall cases unless successful. Please visit: Rhode Island (RI)Criminal law Attorney and DUI/ DWI/ Breathalyzer Refusal Information

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6 Key Elements of a Contract

1. Offer. An offer can be oral or written as long as it is not required to be written by law. It is the definite expression or an overt action which begins the contract. It is simply what is offered to another for the return of that person's promise to act. It cannot be ambiguous or unclear. It must be spelled out in terms that are specific and certain, such as the identity and nature of the object which is being offered and under what conditions and/ or terms it is offered.

2. Acceptance. As a general proposition of law, the acceptance of the offer made by one party by the other party is what creates the contract. This acceptance, as a general rule, cannot be withdrawn, nor can it vary the terms of the offer, or alter it, or modify it. To do so makes the acceptance a counter-offer. Though this proposition may vary from state to state, the general rule is that there are no conditional acceptances by law. In fact, by making a conditional acceptance, the offeree is rejecting the offer. However the offerer, at his choosing, by act or word which shows acceptance of the counter-offer, can be bound by the conditions tendered by the offeree.

3. Consideration. Consideration for a contract may be money or may be another right, interest, or benefit, or it may be a detriment, loss or responsibility given up to someone else. Consideration is an absolutely necessary element of a contract. As a word of caution, it should be noted that consideration has to be expressly agreed upon by both parties to the contract or it must be expressly implied by the terms of the contract. A potential or accidental benefit or detriment alone would not be construed as valid consideration. The consideration must be explicit and sufficient to support the promise to do or not to do, whatever is applicable. However, it need not be of any particular monetary value. Mutual promises are adequate and valid consideration as to each party as long as they are binding. This rule applies to conditional promises as well. As additional clarification, the general rule is that a promise to act which you are already legally bound to do is not a sufficient consideration for a contract. The courts determine the application.

6 Key Elements of a Contract

4. Capacity of the Parties to Contract. The general presumption of the law is that all people have a capacity to contract. A person who is trying to avoid a contract would have to plead his or her lack of capacity to contract against the party who is trying to enforce the contract. For example, he would have to prove that he was a minor, adjudged incompetent or drunk or drugged, and so forth. Often this is the most difficult burdens of proof to overcome due to the presumption of one's ability to contract.

5. Intent of the Parties to Contract. It is a basic requirement to the formation of any contract, be it oral or written, that there has to be a mutual assent or a "meeting of the minds" of the parties on all proposed terms and essential elements of the contract. It has been held by the courts that there can be no contract unless all the parties involved intended to enter into one. This intent is determined by the outward actions or actual words of the parties and not just their secret intentions or desires. Therefore, mere negotiations to arrive at a mutual agreement or assent to a contract would not be considered an offer and acceptance even thought the parties agree on some of the terms which are being negotiated. Both parties must have intended to enter into the contract and one can not have been misled by the other. That is why fraud or certain mistakes can make a contract voidable.

6. Object of the Contract. A contract is not enforceable if its object is considered to be illegal or against public policy. In many jurisdictions contracts predicated upon lotteries, dog races, horse races, or other forms of gambling would be considered illegal contracts. Yet in some states these types of contracts are valid. Federal and some state laws make contracts in restraint of trade, price-fixing and monopolies illegal. Therefore, a contract which violates those statutes would be illegal and unenforceable. This is true for drugs and prostitution or any other activity if considered criminal.

6 Key Elements of a Contract
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The information contained in this article is for informational purposes only and should not be construed to give any legal advice. I've been a practicing paralegal for over 25 years and am interested in providing information based on my training and experience in various aspects of the law.

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Notary Public Forms

There are several types of notary public forms available for notaries. The contents of these forms differ, depending on the state they originate from. But these forms require basic facts such as name, age, date of birth and qualifications. There are notary public application forms, four-year notary public commission forms, attorney notary forms, notary public address change forms, notary public name change forms, and requests for duplicate certificate of appointment. Each form is used for a different purpose.

An individual who wishes to become a notary must submit a notary public application, available from the county clerk office. Applicants answer questions regarding name, address, age and previous notary commissions held, if any. Besides, the application includes a Bureau of Criminal Apprehension and State Department of Revenue verification.

A four-year notary public commission form contains one page of instructions, one page application, an oath of office, and a bond. The same form is used for new and renewal commissions. A fully filled form is submitted with the appropriate filing fee as designated on the application form. An attorney notary public commission form also contains one page of instructions and one page application, but does not require an oath of office and bond. This form is used only by applicants who are qualified to practice law.

Notary Public Forms

To effect a change of name or to purchase a new seal, you must fill out and send the name change form to the office of the State Secretary, before using the new name and seal for notary purposes. This form also renews an address change in connection with the name change. But, an address change form can be used for changing the address only.

A copy of the certificate of appointment request form is used to obtain a duplicate copy of the notary public certificate of appointment. This form goes to the Secretary of State with the required nonrefundable statutory fee.

Since notary public forms are legal forms, one should be thoroughly cautious before obtaining and completing one. A hastily selected or wrongly formatted form can land you in trouble. It must be verified that the form pertains to the state you are involved in.

Notary Public Forms
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Notary Public provides detailed information on Notary Public, How to Become a Notary Public, Notary Public Supplies, Notary Public Service Locations and more. Notary Public is affiliated with Paralegal Schools .

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