James Powderly's Answers

Should traffic violations show up as misdemeanors on RI defendant search? And can I get it removed?

Unfortunately even dismissals will frequently remain on a person's RI record. The good news is that you most likely can have it removed within three weeks by an expungement process. If you would like to learn more about your options, visit my site at www.rhodeislandexpungementlawyer.com or call me at 401-662-9006.

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If i have a DUI in massachusettes, is it legal for me to drive in southern,, and what is the statute of limitations of DUI in ma

The answer to your question depends on whether or not your DUI is still pending and what state your license is from. You should consult with your attorney to discuss your situation.

I have a speeding tk and they didnt check any of the boxes for radar, clocked, or laser. Is this dismissible?

It is possible the officer did not use any device but rather estimated your speed through observation. If he did use a radar/lidar device to clock your speed, failure to check the box is certainly something you can use to your advantage. Feel free to contact my office for a free consultation.

When arrested for a possesion of marijuana charge 1st offense what should i plea

You should plead Not Guilty and consult with an experience criminal defense attorney as soon as possible. While a possession of Marijuana 1st offense may not seem like a serious charge, if not handled correctly, it could have harsh consequences including a loss of driver's license, drug conviction and loss of job opportunities.

I received a notice from the police department hit and run squad. What do I do now?

You should NOT contact the police until you first consult with an experience Rhode Island criminal defense lawyer. I have seen many many cases where the police are only able to bring charges because of statements given by a suspect which were made with innocent intentions.

I have a bench warrant and want to turn myself in will i go to jail?

If you turn yourself in, as opposed to being arrested on the warrant, you will increase your chances of being released on your promise to attend future court dates. The rational being that you have just proven your desire and willingness to come to court on your own to address the charges. Your best move would be to contact a Rhode Island defense lawyer to take you in and walk you through the process. Feel free to contact my office for a free consultation.

What are we facing?

You should consult with a criminal defense attorney as soon as possible. You should also contact your daughter right away and tell her she should not make any statements to ANYONE (especially law enforcement). You can contact my office at any time for a free consultation.

What can I do in this situation?

Generally speaking, the police need a search warrant to enter a person's home and seize property. There are a number of exceptions to this rule including when the police are legally in a residence and see in "plain view" illegal products. You should contact a skilled criminal defense attorney immediately to have your case reviewed. Feel free to contact my office for a free consultation.

Can I be charged with larceny over $250 in Massachusetts based on this scenario?

Your question is a little confusing but it is important you know that people are often charged for crimes they did not commit. Because of this, if you are contacted by the police you should not answer ANY questions and immediately request to speak with an attorney!!!