Best Criminal Defense Attorneys in Warwick

FAQs

• What is the non-emergency contact number for the local police station in Warwick, Rhode Island?

  For non-emergency concerns, the Warwick Police Department can be reached at 401-468-4200.

• Where can I get a copy of police reports for incidents related to my case in Warwick, Rhode Island?

  To request a copy of a police report in person, you may proceed to the Warwick Police Records Division, 99 Veteran’s Memorial Drive, Warwick, RI 02886, open Monday to Friday, 8 a.m. to 4 p.m. You may also request a police report copy by calling 401-468-4285. Or you may do it by mail by sending a stamped and self-addressed envelope to the aforementioned address. If you prefer to make the request online, go to https://www.warwickpd.org/index.php/online-records-request.

• Is there an alternative to detention for offenders in the juvenile justice system in Warwick?

  Yes, the juvenile justice system offers multiple alternative programs. If qualified, minors can undergo anger management counseling, alcohol, and drug abuse treatments, mental health services, life skills mentoring, and educational assistance.

• What is the Colin B. Foote Law, and how does it affect drivers in Warwick?

  The Colin B. Foote Law was added to the Rhode Island traffic laws in 2015. Under this law, motorists who committed four separate traffic violations within 18 months will be heavily penalized. These penalties include a fine of up to $1,000, public community service for 60 hours, driver retraining for 60 hours, and suspension or revocation of driver’s license.

• Can records of criminal convictions be expunged in Warwick?

  Yes. However, only misdemeanor offenders and first-time felony offenders can apply for a criminal record expungement. First-time misdemeanor offenders must wait five years after their sentence and/or probation completion to apply. Those who have multiple misdemeanor convictions must wait 10 years after their last sentence. Convictions of violent crimes in Warwick cannot be expunged.

• Since marijuana possession has been decriminalized in Warwick in 2022, can you have your prior conviction expunged?

  Yes, you can. According to the Rhode Island Cannabis Act, any individual previously convicted of marijuana-only possession, like a felony, misdemeanor, or civil violation, qualifies to have the conviction expunged automatically. Please note that the marijuana possession charge decriminalized is for possession of two ounces or less. Unlike expungements for other crimes, there is no waiting period to have your marijuana charge wiped off.

• Can you get prison time for boating under the influence in Warwick?

  Yes, you can go to prison for a BUI in Warwick. The penalties are as follows:

  First Offense: BAC .08 to .10 – no jailtime BAC .10 to 15 – up to one year BAC .15 and higher - up to one year

  Second Offense: BAC .08 to .15 - up to one year, minimum 10 days BAC .15 and higher - up to one year, minimum six months

  Third Offense: BAC .08 to .15 – three years, minimum one year BAC .15 and higher – five years, minimum three years

• What does a criminal defense lawyer do?

  Criminal defense attorneys provide help to those facing misdemeanor or felony criminal charges. The attorney will research the circumstances surrounding the charge and investigate the case on behalf of the client. This may involve talking to police, interviewing witnesses, determining a plea, and assessing possible sentences. With this information, the defense attorney can negotiate plea deals or navigate a court case on behalf of the client. In some cases, the attorney may get a case dismissed entirely, a reduction in bail or jail time, or probation or community service instead of prison.

• How do I know if I need a criminal attorney?

  Any criminal charge that could result in a prison sentence requires the help of a criminal defense lawyer. This applies to both misdemeanor and felony charges, including:

  Misdemeanors

  • Petty theft
  • Public intoxication
  • Simple assault
  • Disorderly conduct
  • Vandalism
  • Reckless driving

  Felonies

  • Murder
  • Rape
  • Kidnapping
  • Aggravated assault
  • Specific types of fraud
  • Possession of certain types of drugs

• What steps should I take after being charged with a crime?

  The first thing to do after being charged with a crime is to contact a criminal defense attorney. It is best to hire a defense attorney as soon as possible after being released from arrest, and before an arraignment takes place. The attorney will explain charges in detail, and possible consequences, to help you decide whether a plea deal or a jury trial is the best option. Most attorneys offer free consultations to discuss the circumstances of a criminal case and how they're able to assist. Speaking with a number of defense attorneys before hiring one can increase the likelihood of finding the right fit, and getting the best defense possible.

• What if I can’t afford a criminal defense lawyer?

  All Americans are afforded the right to hire an attorney to act as a defense in a legal case. However, not everyone can afford one. If an attorney isn’t in a defendant’s budget, and the defendant’s income meets designated state or local thresholds, the court system will provide a public defender. This attorney usually works on cases pro bono or without any fees paid by the defendant. Many public defenders have a high caseload, which can limit the amount of time they are able to devote to each case. In most situations, hiring a dedicated criminal defense lawyer ensures the best outcome. This is particularly true in more serious felony cases that can result in a significant prison sentence without the involvement of a skilled, experienced defense attorney.

• Why hire a criminal defense attorney?

  Working with a criminal defense attorney is the best way to minimize the ramifications of committing or being accused of a crime. Criminal attorneys thoroughly investigate the circumstances surrounding a case to prove innocence or inspire reasonable doubt in a jury. Criminal defense lawyers also are better prepared to negotiate with the prosecutors. Due to the high cost and logistics involved with taking a case to trial, many prosecutors are willing to reduce sentences in exchange for avoiding a jury trial. An experienced criminal attorney understands what would be a reasonable deal for a specific criminal charge, and will negotiate it on behalf of the defendant.

• Are legal fees for criminal defense tax deductible?

  Whether legal fees from a criminal case can be deducted on a tax return depends on the circumstances. If criminal charges pertain to activities related to a trade or business, attorney fees can be deducted on a business tax return, as they are considered an expense associated with the normal course of business. However, personal legal fees cannot be deducted.