Thomas Briody

  • Civil Rights, Criminal Law, DUI & DWI...
  • Rhode Island
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Claimed Lawyer ProfileQ&A
Practice Areas
  • Civil Rights
  • Criminal Law
  • DUI & DWI
  • International Law
  • Medical Malpractice
  • Personal Injury
Additional Practice Area
  • Car Accidents
Jurisdictions Admitted to Practice
Rhode Island
Professional Associations
Rhode Island State Bar
Member
Current
Legal Answers
28 Questions Answered

Q. I have a case that was dismissed for lack of prosecution and then out if the blue it was filed again. What can I do ?
A: Yes, in many cases you can be charged again after the original complaint was dismissed. As long as the statute of limitations has not run, the charges can be brought again. You should hire an experienced lawyer to respond and defend you. Good luck.
Q. My roommate and I both got charged with domestic assault. What is the best way to plead in court so I dont loose my job?
A: I am sorry for your situation. Domestic crimes are viewed very cautiously by judges and prosecutors. The penalties are more severe, usually requiring batterers intervention classes for six months. Domestic cases are also harder to seal or expunge, and the wait before expungement is longer. It is essential that you retain an experienced criminal defense attorney to help you navigate the system. Don’t try to do this by yourself. Call a lawyer and focus on getting the best result. Good luck to you.
Q. My bf isn’t on my lease but just wants me to write in his name? Will they contact the landlord?
A: You are smart to ask this question, and your boyfriend's attempt to "fix" the lease is, to be charitable, very foolish. Don't do it. If this case was charged as a domestic B and E, you should not even be in contact with your boyfriend unless and until the no contact order is lifted. Any effort by you to add his name to the lease could put you at risk of being charged with a crime. You should discuss this case in private with an attorney. Your boyfriend should be speaking to his own attorney. Sorry you are in this situation, but please don't let anyone manipulate you into taking a step that could hurt you. Good luck.
Q. Can my boyfriend be charged with B&E if he is on my lease?
A: Cooperate with the attorney. Public defenders do a terrific job, and should follow through with their own investigation. The Rhode Island public defender has its own investigators. You can also communicate to the Attorney General that you do not wish to go forward with any complaint against your boyfriend. You can communicate this by speaking to a domestic advocate, or by hiring your own attorney. Good luck.
Q. I allowed my sister to stay with me. But now she wont leave. And she isnt paying her share of the house expenses.
A: This really is not a civil rights question. But if the house is yours, and she has no ownership interest such as a lease has paid rent, you can probably get a trespass order from the police. Be careful about what you’re doing here. Your sister is still going to be your sister.
Q. In RI what does 48a dismissal filed mean?
A: It means that the charge lodged against the defendant has been dismissed. "48a" is a reference to the Rule of Criminal Procedure that deals with dismissal of charges. Hope this answer is helpful to you.
Q. The court placed a restraining order against my boyfriend and I because we're 17 and 34 but he has committed no crime
A: I don't see a question here. However, you are a minor, and if you are living at home, your parents are going to have a say as to who can come to their house. And while I understand that affairs of the heart can cause people to do and say many things, a judge is going to be very skeptical about a 34 year old man who is "romantically" involved with someone half his age. I'm sorry if this is not the answer you hoped for. Good luck to you.
Q. Can a officer place me under arrest because my friend is recording them?
A: An officer can place you under arrest if he/she/they has probable cause to believe that you committed a crime, or if there is a warrant for your arrest. Whether that arrest is legally supportable depends on the specific facts of the case. What you have described does not sound like a basis for arresting you; but it sounds like there is more to the story. If you have been charged with a crime, you need to talk to a lawyer in private. You won't get a good answer on an internet Q and A forum. I hope my answer is helpful. Good luck to you.
Q. In RI, what are the possible punishments being faced for domestic felony assault and domestic disorderly conduct?
A: Domestic felony assault is punishable by up to 20 years if there is serious bodily injury. For assault that doesn’t qualify for serious bodily injury, the penalty is up to six years. Disorderly conduct is a misdemeanor, typically punishable by no more than one year in jail. There are many factors that go into sentencing in these cases. Attendance at a batterer’s intervention program is mandatory for any domestic offense upon a plea of guilty or nolo contendere. If you’re charged with any of these crimes, you need an experienced criminal defense attorney.
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91 Friendship St
Providence, RI 02903
USA
Telephone: (401) 751-5151
Fax: (401) 331-7454