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John P Larochelle

John Larochelle’s Answers

57 total


  • What can I expect?

    John’s Answer

    Yes, there is a chance your daughter’s case could be dropped. The devil is in the details, however, regarding whether there are sufficient facts to justify a dismissal of the case. With a few favorable facts and some savvy, persuasive negotiation, it is possible that your daughter’s legal representative may be able to get the charges dismissed.

    I respectfully recommend that you not post any further facts that may incriminate your daughter on this public forum. I recommend that your daughter retain an experienced, aggressive criminal defense attorney to help to preserve your daughter’s pristine record. Take some comfort in knowing that it is extremely unlikely that your daughter will be sentenced to jail time for shoplifting charges given that she has never been in trouble before.

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  • Should I get a lawyer I think she's hiding something or at least trying to

    John’s Answer

    Yes, you should hire a lawyer. You are at an extreme disadvantage if your wife has retained an attorney for your divorce and you plan to proceed as a self-represented litigant. My recommendation to hire an attorney is even greater given the concerning development that your wife is not allowing you to see your child. You should immediately retain an experienced Family Court attorney to have you immediately reestablish parenting time with your child and to ensure you get a fair result in your divorce.

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  • How to get an international divorce recognized in the USA? ?

    John’s Answer

    Good morning,
    This is a complicated answer. A simplified answer is that it involves registering your Russian divorce decree in the United States, and in so doing, assure the appropriate state Family Court that it was a divorce wherein your wife and you I am happy to speak to you about what would be entailed in this process. Writing the details would be too long of an answer for this forum.

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  • CT resident first offense DUI In RI and speeding. BAC 0.08%. What’s going to happen?

    John’s Answer

    There are many ways to attack a DUI charge. DUIs are the most intricate misdemeanor defenses. Unlike many other misdemeanor offenses, where the case is mostly a he-said-she-said witness-versus-witness trial, DUIs have many technical components.

    For instance, was the officer who operated the breathalyzer machine certified by the Department of Health within the past year? Was the Intoxilyzer 9000 (it's usually the 9000, but it might be another, earlier model) certified by the department of health? Were all of the necessary procedures followed in order for the breathalyzer to give an accurate blood-alcohol reading?

    Were the field sobriety tests that were administered the standardized field sobriety tests? Were they conducted in the manner proscribed by the National Highway Traffic Safety Administration’s Instructor Guide? There are too many other factors to list in this brief synopsis.

    While public defenders are usually talented, hard-working individuals, due to very large caseloads, they are often not able to devote the extra time necessary to become experts in DUI cases to the same extent as a private attorney. These dedicated public servants may not be able to take time away from their many other clients's cases to invest the extra hours necessary to exploring every possible avenue of attacking a misdemeanor DUI case to the same extent that a privately-retained attorney may be able to.

    If, after exploring every option, the best course of action is to plead to a DUI, a private attorney is able to assist a client even after sentencing. This help may be helping to ensure a hardship license for work purposes is timely given by the DMV. A private attorney can assist with early compliance with the Ignition Interlock installation so that a client loses the ability to drive for the shortest possible time-period. In addition, with out-of-state driver’s licenses, research must be done in order to determine whether that state (in your case, Connecticut) would honor a Rhode Island conditional hardship operation court order that would permit a DUI-sentenced person to drive to and from his place of employment during his period of license suspension.

    There are many aspects of a DUI case that make having the best possible representation often worth the investment that it takes to hire an informed, experienced, and competitive DUI-defense lawyer.

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  • Subpoena for court do i have to show up

    John’s Answer

    Respectfully, once the police charge a suspect (your brother), the prosecuting entity decides whether or not to press charges, not your brother's ex-girlfriend. If, for instance they have physical evidence of your brother assaulting his ex-girlfriend, (e.g. bruises); or, if she made excited utterances to the police, they may want to have her testify about the assault, even if she does not want to. Anyone who is served with a subpoena must go to court. As Attorney Wynder stated, above, a subpoena is a court order to appear. One must appear if one receives a subpoena, even if the recipient of the subpoena does not wish the case to proceed or would like to drop the charges. In Rhode Island, she will likely have a warrant issued for her arrest for failing to obey a subpoena. She should consider retaining an attorney if she does not wish to testify.

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  • Can i get a license to carry a concealed weapon in rhode island as a second dui offender in Massachusetts?

    John’s Answer

    In Rhode Island, any offense punishable by more than one year in prison is considered a felony. In Massachusetts, there are several crimes for which one may be punished by a maximum term of incarceration exceeding one year, but are not considered to be felonies. A second offense DUI is one of those crimes.

    You will be able to state that you have not been convicted of a felony. A felony conviction would not only prevent you for obtaining a concealed weapons permit, it would prohibit you from owning a firearm. Having three DUI convictions, however, will be part of the totality of circumstances Rhode Island will consider when determining approval of your concealed weapons permit.

    I could write many more pages about all of the considerations in determining your best strategy to obtain a concealed weapons permit in Rhode Island. The answer to your direct question is that a second DUI conviction in Massachusetts does not statutorily bar you from obtaining a concealed weapons permit.

    Best of luck to you.

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  • When a judge orders you to return your child to their other parent and you wait until the court date in 2 w to do so is that ok?

    John’s Answer

    You must comply with the court's order. There is no excuse to fail to do so. If you feared so much for you child's safety, you should have filed your own motion, requesting the court to order you not to return your daughter to her mother. If your concern is so great and your daughter is in such danger, you have the option of notifying the police or DCYF of the danger.

    You should immediately hire an experienced Family Law attorney to advise you through this process. Respectfully, Father-in-Ohio, in a multi-state child-possession situation that is so serious that you are considering defying a judge's orders and delaying returning a child to her mother, representing yourself is reckless.

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  • Can I get a emergency hearing?

    John’s Answer

    Yes, you could get your facts before a judge - today or tomorrow if you act fast enough. By filing all necessary documents, you would have a judge consider your notarized affidavit immediately. The judge may issue an emergency ex-parte order to resume visitation. Your contempt motion will be scheduled soon; the Rhode Island Family Court just issued an order regarding conducting some cases via videoconference. I have successfully submitted these emergency motions during the pandemic.

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  • legally what steps do I take for termination of temp guardianship given to my mother over my 8yr old due to dcyf involvement.

    John’s Answer

    You should file a motion in Family Court to have custody and placement of Bella returned to you. Compile all of your doctor's visits, negative drug screens, and all of the evidence which demonstrates that you are a fit and proper person to have custody and placement of your daughter. Then, hire an experienced Family law attorney to prosecute this motion on your behalf. If you are ready to commit to this process now, I would be happy to work for you.

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  • My sister lives in RI and she wants to file annulment case in Houston;

    John’s Answer

    Good evening, Nadeem,

    Your sister may file for a divorce in Rhode Island so long as she has been continuously domiciled in Rhode Island for one year before filing for divorce. Where she was married is irrelevant. In most situations, in order for her to file for a divorce in Texas, she must reside in Texas for six months. In Rhode Island, the time it takes to have a divorce finalized is roughly about nine months if she and her spouse agree on most major issues.

    An annulment of marriage is a legal decree that a marriage is null and void. Annulments are granted when a court makes a finding a marriage is invalid, such as when the marriage was the result of force, fraud, or mental incapacity. The end result is the same.

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