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Katherine Godin

Katherine Godin’s Answers

84 total


  • Can mass.violate probation for picking up a new charge in rhode island.?

    My brother is on probation in mass. And he picked up a new charge in r.i.He bailed out in ri only to be picked up and held in mass on the violation of probation.He cant make the court date in ri which would most likely get the charge thrown out.ho...

    Katherine’s Answer

    Yes, your brother can be found in violation of his MA probation for committing a crime in RI. Most likely, if he's still held in MA when his next RI court date arrives, RI will issue a bench warrant, and once he is released from custody in MA, he will be taken (or ordered by Probation to immediately report) to court in RI.

    There are some attorneys on here who are licensed to practice in both states. I would suggest contacting an attorney directly if you want to discuss this further.

    Best of luck to you and your brother.

    


DISCLAIMER:

    

Confidential information should not be disclosed on this website, since it is available for viewing by any member of the public.

    Any answer I submit on this site does NOT establish an attorney-client relationship with you. The answers I provide are meant for general educational purposes only.

    I am an attorney who practices criminal defense and appeals in RI and MA. Because the laws in each state can be vastly different, I cannot guarantee that any insight I have on a particular area of law apply in your jurisdiction.

    If you have an attorney, and an answer I provide differs from the answer your attorney gave you, you should probably rely on your attorney’s answer, since he or she is the one who is familiar with you and the facts of your case.

    See question 
  • The Wetterling Act and similarly situated statutory rape offenders.

    The Wetterling Act that provides relief to offenders 18 and under. A 19 year old, similarly situated in relation to their qualifying offenses is not afforded the same relief,would this be a violation of equal protection? What do you think?

    Katherine’s Answer

    I believe you may have submitted a similar question a few hours ago. This question is very vague. First of all, if you are talking about the Jacob Wetterling Act but are talking about a state criminal case, then any Romeo and Juliet provision you may be citing does not apply.

    If you're addressing a federal criminal case, and are still asking about why a 19 year old is not afforded the defense of being within a certain age frame of the complaining witness (or at least an exemption to federal sex offender requirements), my short answer is that no, I do not believe it is a violation of equal protection. Congress determined that a defendant who is within 3-4 years of the age of the complaining witness should be afforded some leniency. Even though it may not seem fair to be so close to the cut-off point for this affordance, I do not believe you have a meritorious argument based on the equal protection clause.

    Best of luck to you.

    DISCLAIMER:

    

Confidential information should not be disclosed on this website, since it is available for viewing by any member of the public.

    Any answer I submit on this site does NOT establish an attorney-client relationship with you. The answers I provide are meant for general educational purposes only.

    I am an attorney who practices criminal defense and appeals in RI and MA. Because the laws in each state can be vastly different, I cannot guarantee that any insight I have on a particular area of law apply in your jurisdiction.

    If you have an attorney, and an answer I provide differs from the answer your attorney gave you, you should probably rely on your attorney’s answer, since he or she is the one who is familiar with you and the facts of your case.

    See question 
  • Can cops get arrest warrants signed by a judge on weekends?

    I was just wondering if cops can get arrest warrants signed on a weekend?

    Katherine’s Answer

    Yes

    


DISCLAIMER:

    

Confidential information should not be disclosed on this website, since it is available for viewing by any member of the public.

    Any answer I submit on this site does NOT establish an attorney-client relationship with you. The answers I provide are meant for general educational purposes only.

    I am an attorney who practices criminal defense and appeals in RI and MA. Because the laws in each state can be vastly different, I cannot guarantee that any insight I have on a particular area of law apply in your jurisdiction.

    If you have an attorney, and an answer I provide differs from the answer your attorney gave you, you should probably rely on your attorney’s answer, since he or she is the one who is familiar with you and the facts of your case.

    See question 
  • What will happen if both parties violate a no contact order?

    A 15 year old girl ran away with a 18 year old male and stole from her parents. He accepted a plea deal in which they are not to contact each other till she is 18. He is incarcerated and she is now 16. I have information that both have been writin...

    Katherine’s Answer

    While I am not licensed to practice in LA, if I am understanding what you are saying, the only person with a court order to have no contact with another person is the 18 year old male. Just because the 15 year old female is contacting the male does not mean that she is under any court order not to do so. Therefore, if it is accurate that only the male has a court order to have no contact, then only the male can get in trouble for having contact, no matter if the female initiated the contact or has continued to make contact with him. The male should have no contact with her whatsoever. Violating a no contact order is likely a crime in LA, and could be seen as a violation of the male's sentence.

    Many defendants are under the mistaken assumption that just because there is a no-contact order in place, that the complainant is also required to have no contact, or that the complainant would get in trouble if he/she contacts the defendant. It is up to the defendant to not respond to or initiate contact with the complainant.

    


DISCLAIMER:

    

Confidential information should not be disclosed on this website, since it is available for viewing by any member of the public.

    Any answer I submit on this site does NOT establish an attorney-client relationship with you. The answers I provide are meant for general educational purposes only.

    I am an attorney who practices criminal defense and appeals in RI and MA. Because the laws in each state can be vastly different, I cannot guarantee that any insight I have on a particular area of law apply in your jurisdiction.

    If you have an attorney, and an answer I provide differs from the answer your attorney gave you, you should probably rely on your attorney’s answer, since he or she is the one who is familiar with you and the facts of your case.

    See question 
  • If you decline a request to provide a DNA sample, can they use a family members DNA?

    Let's assume it's a match (family member). Does that give them enough probable cause to make you submit a DNA sample?

    Katherine’s Answer

    Several states have begun to do what's known as "familial searches" using DNA samples they already have (either through their DNA database or through legal measures of obtaining a sample, such as consent of the family member or retrieving discarded items containing the DNA evidence) and testing them for a partial match for a family member. At this time, it is my understanding that a partial match through a familial search is not, in and of itself, enough to obtain an arrest warrant on an individual.

    That being said, if the police have a partial match through familial searching, it would be considered a lead in their investigation, and could be used (along with other evidence) to request an arrest or search warrant for an individual.

    Furthermore, several states are enacting laws that would allow them to collect DNA samples from those arrested (but not yet convicted) of certain crimes. If it is a lawful arrest and the person's DNA matches any existing or cold cases, that evidence can be used against him or her in the prosecution for those crimes.

    


DISCLAIMER:

    

Confidential information should not be disclosed on this website, since it is available for viewing by any member of the public.

    Any answer I submit on this site does NOT establish an attorney-client relationship with you. The answers I provide are meant for general educational purposes only.

    I am an attorney who practices criminal defense and appeals in RI and MA. Because the laws in each state can be vastly different, I cannot guarantee that any insight I have on a particular area of law apply in your jurisdiction.

    If you have an attorney, and an answer I provide differs from the answer your attorney gave you, you should probably rely on your attorney’s answer, since he or she is the one who is familiar with you and the facts of your case.

    See question 
  • I live in MA and several years ago received a DUI in Rhode Island. Rhode Island RMV says I need SR22 insurance

    Dui in Rhode Island DUI in 2006. The case closed 2008 and I currently have a MA driving license because it wasn't reported to my RMV. Now such substantial time passed, is it necessary to have this insurance?

    Katherine’s Answer

    If the RI DMV is asking you to carry SR-22 in order for your ability to drive in Rhode Island to be reinstated, and you do not attain a SR-22, then it is probable that your ability to drive in the state will remain suspended. That means that if you are pulled over in RI with a license that has been suspended or invalid in the state, you could be charged with a misdemeanor. If you do not carry a SR-22, it may also mean that the RI DMV will report this information to the MA RMV, who may take separate action against your MA license. I would suggest contacting RI Operator Control at (401) 462-0800.

    Best of luck to you.

    


DISCLAIMER:

    

Confidential information should not be disclosed on this website, since it is available for viewing by any member of the public.

    Any answer I submit on this site does NOT establish an attorney-client relationship with you. The answers I provide are meant for general educational purposes only.

    I am an attorney who practices criminal defense and appeals in RI and MA. Because the laws in each state can be vastly different, I cannot guarantee that any insight I have on a particular area of law apply in your jurisdiction.

    If you have an attorney, and an answer I provide differs from the answer your attorney gave you, you should probably rely on your attorney’s answer, since he or she is the one who is familiar with you and the facts of your case.

    See question 
  • Can I file an answer with the court for a petition for a criminal complaint?

    The police are applying for a charge of Larceny Over $250 against me on behalf of an EX- girlfriend. I would like to file an answer because I don't always remember what I want the judge to hear because of nerves or time constraints so I would lik...

    Katherine’s Answer

    I would strongly advise you against filing any kind of statement with the court until you consult with an attorney. Any statement you make can/will be used against you in your prosecution. Consult with a criminal defense attorney and explain things to him/her. They can properly advise you of your options and how to proceed. If you cannot afford an attorney, you will in all likelihood be assigned an attorney at your arraignment (if you qualify for one - check in with Probation before court starts on your arraignment date, and they will be able to tell you whether you qualify or not). If you get assigned an attorney (presuming this is in MA), you will have to pay $150 for the attorney. If you cannot afford the $150, you can ask to do community service in exchange for paying the fee.

    Best of luck to you.

    DISCLAIMER:

    

Confidential information should not be disclosed on this website, since it is available for viewing by any member of the public.

    Any answer I submit on this site does NOT establish an attorney-client relationship with you. The answers I provide are meant for general educational purposes only.

    I am an attorney who practices criminal defense and appeals in RI and MA. Because the laws in each state can be vastly different, I cannot guarantee that any insight I have on a particular area of law apply in your jurisdiction.

    If you have an attorney, and an answer I provide differs from the answer your attorney gave you, you should probably rely on your attorney’s answer, since he or she is the one who is familiar with you and the facts of your case.

    See question 
  • Community Service hours before Court date

    Hello, I am asked to do 50 hours of communty service for a DUI . I have just been convicted in a pre-trial. And my next court date is in third week of Jan. Can i start the community service hours right now before my court date where i wil...

    Katherine’s Answer

    • Selected as best answer

    I respectfully disagree with the first attorney's answer. If this is in Rhode Island, where I practice, then I have had numerous clients who have started their community service before accepting a plea deal in court. As long as the solicitor/AG knows that you began the community service as a result of the charge, and as long as when you're done with the community service hours, you have a letter signed on the organization's letterhead by an employee of the organization, outlining how many hours you completed and what you did during those hours, the community service you do before a plea agreement is reached still should be accepted by the prosecution. This is, of course, if you are doing community service as part of a plea agreement with the prosecution. If you are doing it as part of your sentence for a DUI (which is often a required part of the sentence), then you would want to check with Probation or Justice Assistance to see if your hours thus far would count. Your question states that you were convicted, but have an upcoming court date, so it is unclear whether you have plead to something or whether the charge is still pending. Best of luck to you.

    


DISCLAIMER:

    

Confidential information should not be disclosed on this website, since it is available for viewing by any member of the public.

    Any answer I submit on this site does NOT establish an attorney-client relationship with you. The answers I provide are meant for general educational purposes only.

    I am an attorney who practices criminal defense and appeals in RI and MA. Because the laws in each state can be vastly different, I cannot guarantee that any insight I have on a particular area of law apply in your jurisdiction.

    If you have an attorney, and an answer I provide differs from the answer your attorney gave you, you should probably rely on your attorney’s answer, since he or she is the one who is familiar with you and the facts of your case.

    See question 
  • I have been told by my attorney that I am not authorized to see the evidence against me. Is this possible?

    This is a federal case. My attorney told me that I could not see the evidence against me. I find that hard to believe. How can I aid in my own defense if I don't know what I am defending? If an answer relies on money I guess I have wasted both of...

    Katherine’s Answer

    While, generally speaking, a defendant is entitled to a copy of the alleged evidence against him or her, if your offense is a sex offense and/or against a child, there may a protective order in place. If the charge happens to involve child pornography, then not even the attorney can receive a copy of the evidence against you. Instead, he or she has to do an evidence view of the alleged evidence, typically either at the U.S. Attorney's Office or the field FBI office.

    


DISCLAIMER:

    

Confidential information should not be disclosed on this website, since it is available for viewing by any member of the public.

    Any answer I submit on this site does NOT establish an attorney-client relationship with you. The answers I provide are meant for general educational purposes only.

    I am an attorney who practices criminal defense and appeals in RI and MA. Because the laws in each state can be vastly different, I cannot guarantee that any insight I have on a particular area of law apply in your jurisdiction.

    If you have an attorney, and an answer I provide differs from the answer your attorney gave you, you should probably rely on your attorney’s answer, since he or she is the one who is familiar with you and the facts of your case.

    See question 
  • My husband is Appealing a Criminal Conviction. He is serving a 5 to 7 year state sentence. He's done 3 years, not counting...

    his "good time" earned. which is about another 6 months. Now he has the opportunity to Appeal. If he looses could he face more time, he is more than half way done we don't want to risk it.

    Katherine’s Answer

    I would just add that while a defendant cannot be punished for exercising his constitutional right to appeal by receiving a harsher sentence at a re-trial, he could receive a harsher sentence if there is additional or damaging evidence presented at the re-trial. If the judge finds that there was additional evidence, not brought out during the first trial, that justifies a harsher sentence during the new trial, that would most likely be upheld on appeal.

    See question