Statutory Rape Laws in Rhode Island: Age of Consent and Legal Consequences

When does a mistake or misunderstanding become a crime? In Rhode Island, the answer lies in understanding the statutory rape definition and the laws that govern it. Statutory rape refers to sexual activity with someone below the age of consent, regardless of whether the younger party agrees to the act. Understanding the age of consent and its implications is crucial for those navigating Rhode Island’s legal landscape.

At the Law Office of Jason Knight, we know how overwhelming being accused of a crime can feel. With 17 years of experience in criminal law and a background as a former prosecutor, Jason Knight has the expertise to protect your rights and guide you through the complexities of the criminal justice system.

The stakes are high—statutory rape cases involve deeply personal circumstances and carry life-changing consequences. Whether you’re seeking clarity, facing charges, or looking for a Rhode Island statutory rape defense, this guide explains the legal framework, the penalties involved, and the critical role an experienced defense attorney can play. Keep reading; then contact the Law Office of Jason Knight for a free case review and take the first step toward safeguarding your future.

What Is the Statutory Rape Definition in Rhode Island?

The law defines statutory rape as sexual contact involving a person who cannot legally consent due to their age. Known as the “age of consent,” Rhode Island sets it as 16 years old, meaning that anyone under 16 cannot legally engage in sexual activity, even if they willingly agree.

Statutory rape cases are charged as third-degree sexual assault and often differ from other sexual assault allegations. These cases focus solely on individuals’ age, not whether coercion or force occurred. This distinction can make these cases particularly complex—and emotionally charged. For example:

  • If a 19-year-old engages in consensual sexual activity with a 15-year-old, it may be considered statutory rape under Rhode Island law.
  • However, close-in-age exceptions, known as the Romeo and Juliet Law, may apply, permitting consensual activity between individuals with an age gap of less than three years.

Courts strictly enforce statutory rape laws, and ignorance of the younger party’s age is rarely a defense.

What are the Legal Consequences of Statutory Rape in Rhode Island?

Statutory rape charges carry serious consequences that extend beyond legal penalties. If convicted, individuals may face incarceration, fines, and registration as a sex offender. These consequences can derail careers, strain personal relationships, and permanently impact one’s reputation.

Here’s a breakdown of potential legal penalties:

  • Misdemeanor offense. In cases involving smaller age gaps (e.g., two years), penalties may include jail time of up to one year and fines.
  • Felony offense. Penalties increase substantially for significant age differences or cases involving additional allegations (such as coercion or exploitation). Felony convictions may result in up to five years of imprisonment and mandatory sex offender registration.

In Rhode Island, courts also consider mitigating factors, such as the relationship between the parties and whether the older individual demonstrated predatory behavior. These nuances highlight the importance of working with a skilled defense attorney and a tailored legal strategy.

Why Age Matters: Age of Consent, Rhode Island

The age of consent sets the legal boundary for consensual sexual activity. In Rhode Island, individuals aged 16 and older can legally consent to sexual relationships. For those under 16, any sexual contact is deemed non-consensual by law, regardless of mutual agreement.

Understanding the age of consent in Rhode Island also requires recognizing exceptions:

  • Close-in-age exemptions. Designed to avoid penalizing consensual relationships between teenagers, these provisions allow individuals within three years of age to engage in sexual activity legally.
  • Power dynamics. Cases involving individuals in positions of authority, such as teachers, coaches, or employers, may involve heightened scrutiny and additional charges.

This framework reflects the state’s effort to balance protecting minors with acknowledging the realities of youthful relationships.

Building a Rhode Island Statutory Rape Defense

Facing statutory rape charges can be overwhelming. However, an experienced defense attorney can explore several strategies to protect your rights and build a Rhode Island statutory rape defense, including the following:

  • Challenging the evidence. A skilled attorney asks questions such as, “Was the alleged victim’s age accurately represented?” and “Did the accused have a reasonable belief that the individual was older than 16?” They also investigate inconsistencies or errors that may undermine the prosecution’s case.
  • Establishing consent and context. Although statutory rape cases focus on age, understanding the broader context—such as relationships, consent, and close-in-age exceptions—can strengthen the defense.
  • Negotiating plea deals. In some cases, reducing charges or securing alternative sentencing (such as probation or counseling) may be possible.
  • Protecting future opportunities. An experienced attorney will work to minimize a charge’s long-term impact, including avoiding or mitigating sex offender registration requirements.

The Law Office of Jason Knight understands the importance of crafting individualized strategies. Whether through negotiation or litigation, Jason Knight will fight tirelessly to safeguard your future.

Your Best Defense: The Law Office of Jason Knight

Statutory rape laws in Rhode Island protect minors, but they can also ensnare individuals in complex legal battles. Whether you’re navigating questions about the age of consent in Rhode Island or seeking a robust Rhode Island statutory rape defense, the right attorney can be your strongest ally. Don’t delay. Early intervention allows us to:

  • Secure evidence that supports your defense,
  • Identify procedural errors that could result in case dismissal, and
  • Engage with prosecutors to negotiate favorable outcomes.

At the Law Office of Jason Knight, we understand what’s at stake and bring a compassionate, non-judgmental approach to every case. As a former state prosecutor, Jason Knight offers unparalleled insight into how these cases are prosecuted, enabling him to build strong defenses. With thousands of cases handled, we take pride in providing trial-tested advocacy and free case reviews. We are here to fight for your rights, protect your liberty, and provide the support you deserve. Contact us today for a free case review. With 24/7 availability, compassionate counsel, and a relentless commitment to justice, we’ll stand by your side every step of the way.

Rhode Island Expungement Laws

Your past shouldn’t define your future, yet for many, having a Rhode Island criminal record can feel like an anchor. A criminal record can surface during a background check, potentially derailing job opportunities, housing applications, or even professional licenses. Fortunately, understanding Rhode Island criminal records and how to expunge them is the first step to reclaiming your narrative.

Expungement in Rhode Island provides a path to remove specific criminal charges or convictions from public access. It’s not automatic and requires a careful legal process. The Law Office of Jason Knight focuses on navigating this complex process, ensuring you meet every legal requirement while offering compassionate, experienced guidance to help you achieve a fresh start. Call us, and let us help you down the path to a clean slate.

How to Expunge Your Record in Rhode Island: The Basics

Rhode Island law provides for three distinct types of expungement. Knowing how to expunge your record in Rhode Island can seem daunting, but breaking it down into manageable steps makes it more approachable.

Determine Eligibility

Not all offenses are eligible for expungement. Generally, non-violent misdemeanor convictions and certain felonies qualify, provided you meet specific criteria. Key factors include the nature of the offense, the time elapsed since your conviction, and your conduct since completing your sentence. A skilled attorney can review your case and help you determine if you are eligible.

Satisfy All Conditions

Before filing, you must have completed all of your sentence terms. This includes probation, community service, and paying any fines or restitution. Additionally, it’s crucial to gather proof that you’ve fulfilled these conditions, such as receipts for payments or letters confirming community service completion. 

File a Motion

You must file a motion to expunge Rhode Island criminal records with the appropriate court. This step involves legal paperwork and potentially attending a hearing to present your case. At the Law Office of Jason Knight, we handle expungement motions and hearings and can help ensure you complete everything correctly and promptly.

Demonstrate Good Conduct

Rhode Island courts assess whether you’ve maintained good behavior since your conviction. They also consider evidence of personal growth, such as community involvement or professional achievements, which can strengthen your case. Evidence of growth includes avoiding further legal trouble and contributing positively to your community.

Await the Decision

If the court grants your motion, it will expound your record. Expungement means it will no longer appear in public databases—a significant step toward building a brighter future. Depending on the court’s schedule and your case’s complexity, the decision process may take several weeks or months, so patience is essential.

The Role of Time and Patience in Expungement

Patience plays a pivotal role when pursuing expungement. Rhode Island’s laws require specific waiting periods before you can file a motion. The standard waiting period for misdemeanors is 5 years, while felonies often require 10. Staying out of legal trouble and fulfilling your sentence conditions are critical during this time.

Frequently Asked Questions About Expunging Rhode Island Criminal Records

What Crimes Can I Expunge?

In Rhode Island, non-violent misdemeanors and specific felony convictions are eligible for expungement. Examples include minor drug offenses, petty theft, or certain white-collar crimes. However, expungement typically excludes offenses such as murder, sexual assault, or other violent crimes. Additionally, eligibility may depend on the number of prior convictions and the time elapsed since completing your sentence. The Law Office of Jason Knight can provide detailed insights tailored to your circumstances.

Will an Expunged Record Ever Reappear?

Although courts seal expunged records from the public, they may still be accessible to law enforcement or during court proceedings.

Can You Expunge Multiple Offenses?

Rhode Island allows the expungement of multiple offenses in some circumstances, but it depends on the nature and number of convictions. Consulting with an attorney can help clarify your options.

What Happens If the Court Denies My Motion?

If a court denies your expungement motion, you may have the opportunity to refile it after addressing any deficiencies in your application or meeting additional criteria. Working with a skilled criminal attorney can help improve your chances for approval.

Does Expungement Restore Gun Ownership Rights?

In Rhode Island, expungement can restore firearm ownership rights in some instances, but the specifics depend on the nature of the conviction. For example, expunged non-violent offenses may allow individuals to regain these rights, while violent or firearm-related offenses often permanently restrict them. Consulting an experienced Rhode Island expungement attorney is crucial to understanding how the state’s laws apply to your case.

How Does Expungement Impact Job Applications?

Once a court expunges your record, it will not appear in most background checks. This can significantly improve your chances of securing employment, as you’re not legally obligated to disclose the expunged record in many situations.

Why Work with a Rhode Island Expungement Attorney?

Expungement is more than paperwork; it’s about navigating legal intricacies that can make or break your case. Working with a seasoned Rhode Island expungement attorney ensures you receive tailored advice and that your motion aligns with state law and court expectations.

Beyond their legal acumen, an attorney provides peace of mind. They anticipate potential hurdles, handle documentation, and represent you in court, giving you the best chance at success. With 17 years of experience and recognition in publications like the Boston Globe and Providence Journal, the Law Office of Jason Knight is ready to guide you through this life-changing process.

Act Now: Contact the Law Office of Jason Knight

If you’re ready to reclaim your future, don’t wait. The first step is scheduling a consultation with the Law Office of Jason Knight. With a free case review and a trial-tested approach, our team stands ready to fight for your rights.

We understand the weight of a criminal record and the freedom that comes with expungement. Let’s work together to lift that burden and create a path toward a brighter tomorrow. Contact us 24/7 to begin your journey toward a fresh start. Your future deserves nothing less.

Revenge Porn: When Is It a Crime?

Imagine being accused of sharing private, intimate images without someone’s consent. The panic sets in as you realize the seriousness of the situation. False allegations of revenge porn can threaten your reputation, freedom, and future. You may also be wondering:

  • What constitutes this crime, and what are your options when facing such charges? 
  • When did revenge porn become illegal? 
  • How long is a revenge porn sentence? 
  • How do you defend yourself against accusations of this nature?

If you’re dealing with revenge porn allegations, you don’t have to navigate this battle alone. The Law Office of Jason Knight is here to help. With 17 years of experience, Jason Knight offers personalized legal defense tailored to your unique case. As a Navy veteran and former Rhode Island state prosecutor, he brings unmatched insight into the justice system, ensuring the protection of your rights and that your voice is heard. Contact Jason Knight today to start building the defense you deserve.

What Is Revenge Porn?

Revenge porn involves the non-consensual distribution of explicit images or videos with the intent to harm, humiliate, or retaliate against someone. While the term “revenge porn” is widely used, legal definitions vary by jurisdiction. Rhode Island defines this act as non-consensual dissemination of private images.

However, not all cases are straightforward. Accusations often arise from misunderstandings, malicious intent, or even fabricated claims. What starts as a private relationship can lead to false allegations, especially during contentious breakups. For those accused, it’s essential to recognize that intent and consent play a critical role in determining guilt.

When Did Revenge Porn Become Illegal?

Revenge porn laws are a relatively recent development. California pioneered legislation in 2013, and Rhode Island followed suit in 2016. Under Rhode Island’s law, it is illegal to knowingly share intimate images of another person without their consent and with the intent to harm them.

While federal laws address similar issues, such as child pornography, they don’t yet fully encompass revenge porn involving adults. This discrepancy creates additional challenges for defendants, especially in cases crossing state lines. Knowing the specific laws in your jurisdiction is critical for building a defense.

Where Is Revenge Porn Legal?

As of June 2024, South Carolina is the only state without a specific law criminalizing revenge porn. However, while most states have enacted revenge porn statutes, understanding where is revenge porn legal depends on how the state defines revenge porn. Rhode Island’s law focuses on intent and consent, but other states might have narrower or broader definitions. For example, some jurisdictions only prosecute cases where a person can prove harm, while others consider the act illegal regardless of intent.

If you’re accused in Rhode Island, understanding the nuances of local law is vital. Jason Knight has extensive experience navigating these statutes and can help identify gaps or inconsistencies in the prosecution’s case. His knowledge of Rhode Island’s legal landscape ensures you’re defended by someone who understands how the government prosecutes these cases.

What Is the Typical Revenge Porn Sentence?

A revenge porn sentence depends on the severity of the case and the jurisdiction. In Rhode Island, first-time offenders face up to one year in prison and fines of up to $1,000. Repeat offenses or cases involving minors carry harsher penalties, including longer prison terms and potential sex offender registration.

Facing revenge porn allegations is also about more than just avoiding penalties—it’s about preserving your reputation, relationships, and career. A conviction can lead to:

  • Prison time—up to one year for a first offense in Rhode Island;
  • Fines—financial penalties that strain your resources;
  • Criminal record—a permanent mark that affects housing, employment, and personal relationships; and
  • Social stigma—the mere accusation can lead to public shame and damaged relationships.

While a revenge porn sentence and penalties are serious, they’re not inevitable. An experienced attorney can often negotiate reduced charges or penalties by challenging evidence, proving lack of intent, or demonstrating reasonable doubt. 

How Do I Defend Against Revenge Porn Allegations?

If you’re accused of revenge porn, your response is critical. These cases can escalate quickly, and any misstep could jeopardize your defense. Here’s what to consider:

  • Understand the charges. Revenge porn laws often hinge on proving intent to harm and lack of consent. If these elements are missing, the case against you may be weak.
  • Preserve evidence. Save all communications with the accuser, including emails, text messages, and social media exchanges. This evidence may reveal inconsistencies or motives behind the allegations.
  • Avoid confrontation. Do not contact the accuser directly. Anything you say can be misinterpreted and used as evidence against you.
  • Consult an attorney. A skilled lawyer like Jason Knight can analyze the charges, evaluate the evidence, and build a defense tailored to your case. 
  • Refrain from public discussion. Posting about the case on social media can harm your defense. Let your attorney handle all communication to ensure your rights are protected.

Revenge porn cases are emotionally charged and legally complex. You can challenge the allegations and protect your future with the right defense.

Contact the Law Office of Jason Knight to Defend Your Future

Your case will receive the meticulous attention it deserves at the Law Office of Jason Knight. He is a seasoned criminal defense attorney who uses a comprehensive approach combining legal acumen, investigative skills, and a deep understanding of the emotional toll these cases take. Jason’s dedication to justice and trial-tested strategies have earned him recognition from the Boston Globe and Providence Journal. With free case reviews and 24/7 emergency appointments, he’s ready to stand by your side when you need him most.

Don’t let accusations define your future. Contact Jason Knight today to start building a powerful defense. With his experience, insight, and relentless advocacy, you can protect your rights and reclaim control of your life.

If I Have a DUI, Will I Fail a Background Check?

The email you’ve been waiting for arrives. The position is perfect—the company, the pay, the chance to start fresh. But there’s one catch: a background check. Your stomach knots as you wonder, Does a DUI show up on a background check? If so, How long does a DUI stay on your background check, and what does it mean for your future?

The short answer is yes. A DUI often appears on background checks, but the impact varies depending on the type of check, the employer’s policies, and how long ago the conviction occurred. Whether you’re applying for a job, housing, or professional license, understanding how these records work can mean the difference between moving forward and feeling stuck.

Jason Knight, a seasoned Rhode Island attorney with 17 years of experience, has guided countless individuals through situations like yours. At the Law Office of Jason Knight, we understand your challenges and know how to fight for your rights. From navigating expungements to advocating for your best interests with potential employers, we’re committed to helping you reclaim your future. If you’re grappling with the implications of a DUI on your record, contact us today for a free consultation and start taking control of your life.

Does a DUI Show Up on a Background Check?

The answer depends on the scope and purpose of the background check. Employers, landlords, and licensing boards may use different screening levels, each with varying levels of access to criminal records.

Employment Background Checks

For most employers, a DUI shows up during standard checks. However, its weight depends on the role. Positions involving public safety, driving, or heavy machinery may view a DUI as disqualifying. Other employers might consider the offense less significant, especially if time has passed or it’s your first incident.

Housing and Licenses

Landlords may reject applicants based on criminal records, including DUIs, especially if the rental is near schools or carries community safety concerns. Licensing boards for healthcare, education, or law often scrutinize DUIs, particularly repeat offenses.

How Long Does a DUI Stay on Your Background Check?

In Rhode Island, a DUI conviction generally remains on your record for at least 5 years for a misdemeanor and at least 10 years for a felony, but you can expunge it if you meet specific requirements. To begin the process, you must file a motion to expunge at the courthouse that heard your DUI case and meet the following criteria:

  • You must be a first-time offender, meaning you haven’t been convicted of more than one misdemeanor before submitting your Motion to Expunge and have no felony convictions;
  • At least five years must have passed since you completed your most recent sentence;
  • Within the five years before filing your motion, you cannot have been arrested for or convicted of any misdemeanor or felony offenses;
  • You must have no ongoing criminal proceedings against you;
  • You must demonstrate good moral character; and
  • All court-ordered fines, fees, costs, assessments, or related charges must be fully paid and resolved.

For those with felony DUI convictions, the expungement process requires a minimum waiting period of ten years from the completion of the last sentence before you can file a motion.

That said, the visibility of a DUI depends on the purpose of the check and the reporting limits imposed by law. For example:

  • Employment screenings. Federal law limits non-conviction records to seven years for most private employers. However, convictions like DUIs are often visible indefinitely unless sealed or expunged.
  • Driving records. For positions requiring a clean driving history, DUIs may appear for 5 to 10 years, depending on the reporting agency.
  • Professional licenses. Licensing boards can review DUI records at any point during your career, especially for renewals or new applications.

Most applications require disclosure of criminal convictions, including DUIs, unless the record has been expunged. Failing to disclose truthfully can have more significant consequences than the DUI itself.

Is a DUI a Criminal Offense on Job Applications?

You might wonder, Is a DUI a criminal offense on job applications? The answer is yes, but how it’s handled varies. Some applications may ask directly about criminal convictions, while others focus on felonies or specific time frames. In Rhode Island, a DUI is typically classified as a misdemeanor for a first offense but escalates to a felony for repeat violations or severe circumstances.

When disclosing a DUI, focus on facts without unnecessary details. For instance, instead of stating, “I was arrested for DUI after a night out,” say, “I had a misdemeanor DUI conviction four years ago and have since completed all required programs and maintained a clean record.”

Rhode Island also allows employers to make individualized assessments regarding criminal records, considering factors like the nature of the offense and its relevance to the job. Furthermore, the state has “Ban the Box” laws, which, with a few exceptions, prohibit most employers from asking about criminal convictions on initial job applications, providing an opportunity to present qualifications first.

Need DUI Advice? The Law Office of Jason Knight Is the Firm You Need

Facing the complexities of a DUI’s impact requires a seasoned, empathetic attorney. Jason Knight stands apart because of his proven track record and commitment to helping clients regain control over their lives. Here’s why Rhode Islanders trust him:

  • Experience that counts. With 17 years of handling criminal cases, Jason Knight has the knowledge to navigate DUI-related challenges.
  • Recognition for excellence. Featured in the Boston Globe and Providence Journal, his reputation speaks volumes.
  • Unwavering accessibility. Offering free case reviews and 24/7 emergency appointments, Jason is always ready when you need him.
  • Client-focused representation. Whether negotiating with employers or fighting for expungement, Jason tailors his approach to your unique needs.

You don’t have to face these challenges alone. Jason Knight has the experience, compassion, and tenacity to guide you toward a fresh start. Call the Law Office of Jason Knight today and take the first step in reclaiming your future—because you deserve more than a second chance. You deserve the best defense.

Felony Expungement: How to Get a Felony Expunged?

Sometimes, a mistake from the past can cast a long shadow over your future. A felony conviction, for instance, may linger on your record, creating barriers to employment, housing, and education. But what if you could change that? Can you get a felony expunged? In many cases, the answer is yes, and doing so can open doors to opportunities you thought were permanently closed.       

If you’re ready to begin this journey, the Law Office of Jason Knight—with its 17 years of experience and tireless advocacy—is here to guide you at every step. As a former Rhode Island state prosecutor, Jason Knight brings unparalleled insight into the justice system, handling your case precisely and carefully. Reach out today to reclaim your future with confidence and clarity.

How Long Do Felonies Stay on Your Record?

People often wonder, How long do felonies stay on your record? In Rhode Island, felonies remain permanently on your record unless a court expunges them. Unlike misdemeanors, which may have shorter retention periods, felonies are often treated as lifetime marks on your criminal history. This permanent record can have far-reaching consequences, including difficulties securing employment, housing, or even certain professional licenses. For this reason, pursuing legal assistance is crucial for navigating the complexities of the expungement process and achieving a clean slate.

Can You Get a Felony Expunged?

So, can you get a felony expunged? The answer is yes, in certain circumstances. Rhode Island law allows expungement. However, eligibility depends on factors such as the type of felony, the time elapsed since the conviction, and your behavior following the conviction. Moreover, expungement can offer a fresh start but requires careful navigation of legal requirements and procedures.

Consulting a knowledgeable attorney like Jason Knight is essential to determine if your case qualifies. With his extensive experience in Rhode Island’s legal system, he can help evaluate your eligibility and guide you through the process. 

What Is Felony Expungement?

Are you wondering, Can a felony be removed from your record? You’ll want to learn more about felony expungement. Felony expungement is the legal process of erasing or sealing a felony conviction from your criminal record. Once expunged, the conviction is treated as though it never happened, allowing you to answer “no” when asked if you have a criminal record on job or housing applications. Whether you want to advance your career, secure housing, or simply move forward with peace of mind, understanding the expungement process is essential.

Who Qualifies for Felony Expungement in Rhode Island?

Eligibility for felony expungement in Rhode Island hinges on several factors, including:

  • Nature of the conviction—certain violent or severe felonies may not be eligible;
  • Number of convictions—typically, individuals with a single felony conviction are more likely to qualify; and
  • Time passed since conviction—a “waiting period” usually applies, during which you must demonstrate good behavior.

Discussing your case for expungement with a criminal defense attorney is crucial to determine eligibility. The Law Office of Jason Knight has helped countless Rhode Islanders rebuild their lives.

What Are the Steps to Get a Felony Expunged?

1. Understand Rhode Island’s Expungement Laws

The first step in pursuing expungement is understanding the legal framework. Rhode Island law requires you to:

  • Fulfill the waiting period, usually 5 to 10 years after completing your sentence, probation, or parole;
  • Avoid any additional criminal charges during this time; and
  • Demonstrate rehabilitation through community involvement or employment.

This foundational step ensures that you meet the basic criteria for expungement before proceeding with your case.

2. Collect Documentation

Your attorney will need detailed information to build a strong case, including:

  • Court records of the conviction;
  • Proof of completed sentence; and
  • Character references or letters of recommendation.

These records provide the foundation of your case and demonstrate to the court that you are serious about moving forward.

3. File a Motion

Your attorney will file a motion for expungement with the Rhode Island court where you were convicted. This motion includes a written explanation of why you deserve a second chance. At this stage, the court will schedule a hearing.

4. Attend the Hearing

During the hearing, the judge will evaluate:

  • Your behavior since the conviction;
  • The impact of the felony on your life; and
  • How expungement aligns with the public interest.

Be prepared to speak honestly and confidently about your rehabilitation. A hearing is your chance to show the court that you are more than your past mistakes.

5. Receive the Decision

If the court grants the motion, it will expunge your record. Once sealed, the conviction will no longer be accessible through background checks. This step marks the beginning of a new chapter in your life, free from the limitations of a criminal record.

How Long Does the Expungement Process Take?

The timeline for felony expungement varies. After filing the motion, the court typically schedules a hearing within 30 to 60 days. The court seals the record immediately if approved, though database updates may take several weeks. It’s important to remain patient throughout this process. While waiting for a decision can be stressful, the potential benefits far outweigh the temporary inconvenience.

The Law Office of Jason Knight Can Help

Navigating the expungement process can feel overwhelming, but you don’t have to do it alone. The Law Office of Jason Knight offers:

  • Free case reviews—you can assess your eligibility without financial commitment;
  • Emergency appointments—we offer flexible scheduling, even after hours; and
  • Trial-tested advocacy—as a former Rhode Island state prosecutor, Jason Knight knows the justice system inside and out.

We have been featured in the Boston Globe and Providence Journal, underscoring a commitment to justice and community. Whether guiding you through paperwork or representing you in court, Jason Knight’s team is ready to help.

Take Control of Your Future

A felony conviction doesn’t have to define your life. If you’re ready to explore how to get a felony expunged, contact the Law Office of Jason Knight today. With 17 years of experience helping Rhode Islanders, we are prepared to fight for your rights and guide you toward a brighter future. Contact us now to schedule your free consultation.

Top Strategies for Defending DUI Charges in Rhode Island

Being convicted of a DUI can have devastating consequences on a person’s life. That’s why it’s important to build a strong defense when facing DUI charges in Rhode Island.

Hiring a knowledgeable DUI defense attorney in Rhode Island who understands the challenges of defending against DUI charges, can make or break your defense in this kind of case. Be aware of your rights and consult an attorney immediately to ensure your rights are protected.

Understanding Rhode Island DUI Laws

To build a strong defense, it’s essential to have a thorough understanding of Rhode Island DUI laws. In Rhode Island, it’s illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. However, there are many nuances to the law that a skilled DUI defense attorney can use to their advantage.

Evaluating Evidence in DUI Cases

The prosecution will use evidence to try to prove that a person charged with a DUI was driving under the influence. In this case, a DUI defense attorney must carefully evaluate all the evidence in a case, including the police report, witness statements, and any chemical test results.

Challenging Field Sobriety Tests

Field sobriety tests, such as the walk-and-turn and one-leg stand tests, are notoriously unreliable. A DUI defense attorney will examine the circumstances under which the tests were administered and determine whether they were conducted properly. If they were not, the defense attorney may be able to have the results of the tests thrown out. This is one of the many reasons it is important to have a knowledgeable attorney’s representation in cases like this.

Questioning Breathalyzer Results

Breathalyzer tests are often used to determine a driver’s BAC. However, these tests are not infallible, and there are many factors that can affect the results. A DUI defense attorney will also investigate the circumstances surrounding the defendant’s breathalyzer test and determine whether the results are accurate.

Investigating Police Misconduct

Police misconduct is unfortunately all too common in DUI cases. This is another area where it pays to hire a knowledgeable DUI defense attorney who will investigate the actions of the arresting officer and determine whether they violated your rights in any way. They may also be able to have your charges dismissed or reduced.

Negotiating a Plea Bargain

In some cases, it may be in your best interest to negotiate a plea bargain with the prosecution. It’s in a defendant’s best interest to hire a DUI defense attorney who will carefully evaluate the case and offer advice on whether a plea bargain is a good option. A DUI defense attorney will work to negotiate the best possible deal on your behalf.

Facing DUI charges in Rhode Island can be overwhelming, but with the right defense strategy, someone who is charged can minimize the impact on their life. If you’re facing DUI charges, contact Jason Knight for a consultation today. As a skilled DUI defense attorney, and former prosecutor, Jason Knight has the experience and knowledge necessary to build a strong defense while ensuring your rights are protected.

Case Result: Possession of Child Pornography

Facts: Client charged with possession of child pornography.

Results: After negotiation, client was able to plead to computer fraud. Client does not have to register as a sex offender.

Understanding Domestic Violence and Assault Laws in Rhode Island

Rhode Island takes domestic violence and assault charges seriously, recognizing their devastating impact on individuals and families. It is essential to understand the laws surrounding these offenses. Domestic violence refers to abusive behavior perpetrated by one family or household member against another, while assault involves intentionally causing harm or the apprehension of harm.

Under Rhode Island law, domestic violence and assault charges may include physical violence, emotional abuse, sexual assault, stalking, harassment, or other actions that cause fear or harm to an intimate partner, family member, or household member.

Are you facing a domestic violence charge? Call the Law Office of Jason Knight today at (401) 354-2255 or contact us online to schedule a meeting with our domestic violence attorney in Rhode Island!

The Importance of Hiring a Rhode Island Domestic Violence Lawyer 

Hiring a Rhode Island domestic violence lawyer is paramount when facing domestic violence allegations or charges. Here are key reasons why it is crucial to seek legal representation in such cases:

  • Legal Expertise: Domestic violence laws are intricate and vary from state to state. A domestic violence lawyer specializing in Rhode Island law possesses in-depth knowledge of the relevant statutes, legal precedents, and court procedures. They can interpret the law accurately as it applies to your case, ensuring you understand your rights and legal options.
  • Protection of Rights: One of the fundamental roles of a domestic violence lawyer is to safeguard your rights. They will ensure that you are treated fairly throughout the legal process and that your constitutional rights, such as the right to due process, the right against self-incrimination, and the right to legal representation, are upheld. They will diligently advocate on your behalf and challenge any rights violations.
  • Strategic Defense: A skilled domestic violence lawyer will assess the specific details of your case, gather evidence, interview witnesses, and develop a robust defense strategy tailored to your situation. They will identify the strengths and weaknesses of the prosecution’s case and leverage their expertise to build a strong defense on your behalf. This strategic approach increases your chances of obtaining a favorable outcome, such as a reduced sentence or dismissal of charges.
  • Knowledge of the Legal System: Navigating the legal system can be complex and overwhelming, especially for individuals without legal training. A domestic violence lawyer has extensive knowledge and experience handling domestic violence cases within the Rhode Island legal system. They understand the procedural requirements, court processes, and deadlines involved. This knowledge allows them to guide you effectively through each stage of the legal proceedings, ensuring you meet all necessary obligations and deadlines.
  • Negotiation and Advocacy: In many domestic violence cases, negotiation with the prosecution is a critical aspect. A domestic violence lawyer will skillfully negotiate with the prosecutor on your behalf, striving to achieve the best possible outcome. They can explore alternatives to trial, such as plea bargains or diversion programs, that may result in reduced charges or penalties. Additionally, your lawyer will provide strong and persuasive advocacy in court if your case goes to trial.
  • Emotional Support: Dealing with a domestic violence case can be emotionally distressing. A domestic violence lawyer not only provides legal guidance but can also offer emotional support throughout the process. They understand the sensitive nature of these cases and can provide reassurance, empathy, and guidance, helping you navigate the emotional challenges associated with legal proceedings.

Overall, hiring a Rhode Island domestic violence attorney is essential to ensure that your rights are protected, that you receive expert legal representation, and that you have the best possible chance of achieving a favorable outcome in your case.

Former Prosecutors as Defense Attorneys: A Winning Combination

A former prosecutor-turned-defense attorney brings a unique perspective and invaluable insight to domestic violence and assault cases. Jason Knight’s experience as a former prosecutor equips him with an in-depth understanding of how the prosecution builds a case, the strategies employed, and the weaknesses that can be exploited.

The Benefits of Hiring a Domestic Violence Lawyer Who Was a Former Prosecutor

Hiring a Rhode Island domestic violence attorney who was a former prosecutor can offer several advantages when facing a domestic violence case. Here are some potential benefits:

  • Enhanced Case Evaluation: Former prosecutors can assess your case from the prosecution’s point of view. This enables them to identify potential flaws in the evidence, challenge the credibility of witnesses, and exploit any weaknesses in the prosecution’s arguments.
  • Strong Negotiation Skills: Defense attorneys with prosecutorial experience understand how to negotiate effectively with opposing counsel and prosecutors. They can leverage their understanding of the prosecution’s goals and tactics to secure favorable plea deals or reduced charges, where appropriate.
  • Courtroom Confidence: Former prosecutors, like Jason Knight, have honed their skills in presenting persuasive arguments through years of courtroom experience. They are adept at navigating legal proceedings, cross-examining witnesses, and presenting compelling evidence to bolster your defense.
  • Comprehensive Legal Knowledge: Defense attorneys who were once prosecutors have an extensive understanding of Rhode Island’s domestic violence and assault laws. They stay updated on recent case precedents and legal developments, allowing them to provide the most up-to-date and effective defense strategies.

Contact the Law Office of Jason Knight today to schedule a FREE consultation with our domestic violence lawyer in Rhode Island!

Protecting Your Rights in Rhode Island Federal Cases

Federal cases carry unique complexities and require specific expertise to navigate successfully. If you are facing a federal case in Rhode Island, turn to a seasoned former prosecutor who understands both sides of the legal system.

Understanding Federal Cases in Rhode Island

Federal cases in Rhode Island encompass a wide range of offenses that fall under federal jurisdiction. It’s crucial to have a comprehensive understanding of these cases to navigate the complex legal landscape effectively. Here, we delve into the specifics of federal cases, providing you with valuable insights:

Types of Federal Offenses

Federal offenses in Rhode Island can involve various criminal activities that violate federal laws. These may include:

White-Collar Crimes: Offenses such as fraud, embezzlement, insider trading, money laundering, and identity theft that involve deceit, dishonesty, or financial misconduct.

Drug Trafficking and Distribution: Cases involving the manufacture, distributionpossession, or trafficking of controlled substances which violate federal drug laws.

Firearms Offenses: Violations of federal firearm laws, including illegal possession, trafficking, or use of firearms during the commission of a federal crime.

Immigration Offenses: Cases related to immigration law violations, including illegal entry or reentry, visa fraud, human trafficking, or smuggling.

Cybercrimes: Offenses involving computer networks, data breaches, hacking, identity theft, or online fraud that are prosecuted under federal statutes.

Organized Crime: Cases involving organized criminal activities such as racketeering, money laundering, extortion, or involvement in criminal enterprises.

Terrorism: Federal cases dealing with acts of terrorism, terrorism financing, material support for terrorist organizations, or conspiracy to commit acts of terrorism.

Public Corruption: Cases involving public officials who engage in bribery, kickbacks, abuse of power, or other corrupt activities that undermine the integrity of government institutions.

Have you been accused of a federal crime? Call the Law Office of Jason Knight today at (401) 354-2255 or contact us online to schedule a consultation with our Rhode Island federal attorney.

What is the Federal Investigation and Prosecution Process?

Federal investigations and prosecutions differ significantly from their state counterparts. Understanding the process is essential to build a strong defense. Key aspects include:

Federal Law Enforcement Agencies: Federal cases are typically investigated by agencies such as the Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), Internal Revenue Service (IRS), or Immigration and Customs Enforcement (ICE).

Grand Jury Proceedings: Federal prosecutors often present their case before a grand jury to determine if there is enough evidence to proceed with charges.

Indictment or Information: If the grand jury issues an indictment, formal charges are brought against the defendant. In some cases, the government may proceed by filing information that does not involve a grand jury.

Pretrial Motions and Discovery: Both the defense and prosecution have an opportunity to file motions and engage in discovery, where evidence is exchanged and reviewed.

Plea Negotiations: Plea agreements may be negotiated between the defense and prosecution, potentially leading to reduced charges or sentencing in exchange for a guilty plea.

Trial and Sentencing: If the case proceeds to trial, the prosecution presents its evidence, and the defense presents its case. If convicted, the sentencing phase determines the punishment based on federal sentencing guidelines.

Federal Sentencing Guidelines

Federal sentencing guidelines provide a framework for judges to determine the appropriate sentence based on the severity of the offense and the defendant’s criminal history. Understanding these guidelines is crucial for developing a strategic defense:

Offense Level: Each federal offense is assigned a base offense level, which considers the seriousness of the crime and the potential harm caused.

Specific Offense Characteristics: Additional factors that may increase or decrease the offense level based on specific circumstances, such as the use of violence, the amount of loss involved, or the presence of firearms.

Criminal History Category: The defendant’s prior criminal record determines their criminal history category, which can impact the sentencing range.

Departures and Variances: In certain cases, departures from the sentencing guidelines or variances may be justified based on factors such as cooperation with law enforcement or substantial assistance in the investigation.

By having a comprehensive understanding of the specifics surrounding federal cases in Rhode Island, you can be better prepared to navigate the legal process and secure the best possible outcome for your defense.

Advantages of Hiring a Former Prosecutor for Your Federal Defense

Having a former prosecutor on your side when facing federal charges can be a game-changer. From insider knowledge of how prosecutions are built to the ability to anticipate the prosecution’s strategies, their expertise can make or break your case.

Defending federal cases requires a thorough understanding of constitutional rights and an unwavering commitment to protecting them. A skilled federal defense attorney can ensure your rights are safeguarded throughout the legal process.

Navigating federal cases in Rhode Island requires a deep understanding of the local legal landscape. Hiring a federal defense attorney familiar with Rhode Island’s federal courts, judges, prosecutors, and procedures can make a substantial difference in building an effective defense strategy.

Contact Our Rhode Island Federal Lawyer Today

If you find yourself entangled in a federal case in Rhode Island, don’t face it alone. With his extensive experience, strategic approach, and dedication to protecting your rights, Jason Knight is committed to providing you with a robust defense in federal court. Contact our federal lawyer in Rhode Island today to schedule a consultation and ensure the best possible outcome for your case.

Contact the Law Office of Jason Knight today to get started on your defense with our federal attorney in Rhode Island.

How to Hire a Criminal Lawyer

When people are charged with a crime and have a court date looming, they often rush to hire a criminal lawyer and hire the first criminal lawyer they meet. But, not every criminal lawyer is the same and people have made bad mistakes in not taking their time to hire the right criminal lawyer for them.

I’ve handled dozens of cases where the client came to me after hiring someone else and regretted the decision to hire the first lawyer. Switching lawyers in the middle of a case is something you want to avoid. So, when you have to hire a criminal lawyer follow these simple guidelines to make sure you get the right lawyer for the case and are satisfied with your choice.

Make sure they really practice criminal law.

You wouldn’t hire a divorce lawyer to handle a DUI and you wouldn’t hire a DUI lawyer to handle a divorce. Make sure that the lawyer you select has the experience and skill to handle criminal matters. The more criminal experience the lawyer has the better.

Additionally, if the client is not a citizen of the U.S., then it is doubly important to get someone who practices criminal law full time. Immigration law and criminal law are deeply intertwined and an inexperienced lawyer can easily make a mistake that sets the client up for negative immigration consequences.

Meet the lawyer face to face.

It’s easy to get caught up in the rush of trying to hire a criminal lawyer when you’ve just been charged but it’s really important to take the time and meet the person who will be handling your case. A good criminal lawyer should give you a realistic assessment of your situation, answer your questions in a straightforward and easy to understand way, and be interested in helping you get through the case with the best outcome possible. A criminal case can follow you around for years and have life altering repercussions. It’s important to meet the lawyer.

Don’t get soaked.

Price isn’t the most important thing with selecting a lawyer but it still is a reality. Most criminal lawyers will charge a flat fee for their work. That means they will charge one price to handle the whole case whether they go to court just a few times or follow the case through all the way to a trial.

Lawyers are subject to ethics rules about their fees. Basically, the fee has to be reasonable taking into consideration a number of factors including the difficulty of the case and the experience of the lawyer. Beware of the lawyer whose prices are too low or too high compared to the competition. A good lawyer will be upfront about their pricing and put it in writing.

The most important thing a person charged with a crime can do is hire a good criminal lawyer to handle their case. Decisions made in the early stages are just as important as the decisions made in the middle of a trial. An inexperienced lawyer can make decisions that seem correct at the time but can hurt a client down the road. By following the guidelines listed above you can hire the lawyer that is right for you and your case with confidence.

Jason Knight is a Rhode Island and Massachusetts criminal lawyer. He practices criminal law exclusively and is in court every day helping his clients working to deliver excellent results. He practices in both state and federal courts and handles all types of criminal case from DUI’s and domestic violence charges up to serious drug felonies and capital cases.