Author: jasonknightstg

Case Result: Shoplifting

Facts: Client charged with shoplifting. Client was observed on video stealing multiple items.

Results: Dismissed.

DUI Penalties: Did the State of Rhode Island Create A Get Out Of Jail Free Card?

Recent Legal Changes

Recent changes in the DUI law in Rhode Island have prompted the law enforcement community to adapt their procedures for dealing with drivers suspected of DUI. One of those procedural changes has apparently backfired. Because of this mistake, people charged with DUI or breathalyzer refusal now have an argument in court which can kill the entire case against them. The explanation is kind of complicated, but bear with me.

The Explanation

When the police perform a DUI investigation, at some point they will ask the motorist to consent to a breathalyzer examination. This examination is technically a search, and searches are controlled by the 4th Amendment of the U.S. Constitution. The 4th Amendment says that a search can only be conducted with a warrant. If there is no warrant for the search it is unconstitutional unless it meets some very well defined exception to the warrant requirement.

Stay with me…

One of those exceptions is consent of the person to be searched. If consent is given, then the police do not need a warrant. Therefore a search with consent is legal.

But we are not done.

Information on Consent

The nature of the consent matters. The person subject to the search has to give consent freely, voluntarily, and intelligently. If the consent is not voluntary or made without knowledge of the right not to give consent, or the consequences of consent, then the consent is invalid.

Which brings us back to our DUI defendant. When the police request that the defendant take the breathalyzer, they have to give the defendant fair warning of the penalties of refusing the test. This is so that later on, when the case is in court and the state is trying to get the breath test into evidence, the government can say that the consent was intelligent and voluntary. If the police do not warn of the penalties of the refusal, then the consent to take the test is invalid.

Police Error

What has happened now with the new DUI law is that there are a bunch of new penalties and penalty structures for DUI and refusal. The police adapted their form they use to advise DUI suspects of their rights, but misstated the penalties.

Now there are a whole bunch of DUI and refusal cases whose outcome is in doubt. If only the police had consulted with the defense lawyers before they made the form….

Another time, we will discuss how the bad form affects refusal suspects.

Contact the Law Office of Jason Knight for your free consultation.

Rhode Island Bail FAQ

What is bail?

Bail is money. When a defendant is charged with a crime, he or she may be asked to pay bail before they are released from custody.

Why do we have bail?

Bail exists to ensure that the defendant will come back to court and face his or her charges. Bail forces a defendant to give up something of value in order to get out of jail while their case is working its way through the courts.

If a defendant opts not to return to court, then the court will issue a warrant directing police to find and detain the defendant. A defendant who forces the court to issue a warrant by not appearing also risks losing his or her bail money because the court could take the money to punish the non-appearance.

If the defendant commits a new crime while released on bail, they could also be detained for a period of time (to a maximum of 90 days) in addition to possibly forfeiting, or giving up, the bail money to the court.

Does everyone have to pay bail?

No, in fact, most people do not have to pay (or “post”) bail at all. When deciding whether or not to make a defendant pay bail, the courts start with the idea that everyone has a right to get out of jail by making a promise to come back to court. This is called “personal recognizance” bail, or “P.R.” for short.

Will I get bail?

Yes, unless you are charged with a very serious crime (anything carrying a life sentence if convicted and certain other violent offenses), you will get bail.

How much bail to I have to post?

Most people only have to promise to come back. However, some people may have to pay money to get out. If you have to pay money to get out, then the amount of money is determined by the judge.

The judge just doesn’t “make it up”. Instead, the judge starts with the charge. Certain charges have a certain amount of bail money attached to them by a rule of court. Basically, if the charge carries 10 years to serve if convicted, then the bail is $10,000. If the charge has 20 years attached, then the bail is $20,000, and so on up to $50,000.

The judge will make the bail “with surety”. That means that the defendant only has to pay 10% of the bail (a $1000 for a $10,000 with surety bail). The 10% is like a promise that the defendant is good for the other 90%.

The judge can go higher or lower depending on certain factors like, the defendant’s criminal record, his or her record of not showing up, the facts surrounding the new crime, and just about anything else that touches on the defendant’s risk to the community and the likelihood that they will come back to court.

Where can I pay bail?

In court after the judge determines the bail or at the ACI (Adult Correctional Institution i.e. prison) in Cranston if the defendant is sent back there after court.

Can I use a bail bondsman?

Yes, RI allows defendant’s to use a bail bondsman. Bail bondsman charge money to post the bail. But, after the case is concluded, the bail bondsman keeps the fee. If the defendant posts the bail by himself, then he gets the money back after the case in concluded.

What happens if I am held without bail?

In very serious cases like murder, rape, certain kinds of robbery, and certain kinds of drug trafficking offenses, the defendant can be held without bail.

When this happens, the defendant has a right to a “bail hearing” where the state has to prove the defendant is a danger to community and should be held without bail for the duration of the case until it is over. This is a very serious decision and the defendant should obtain a criminal lawyer as soon as possible.

Rhode Island DUI Task Force to Crack Down This Holiday

This holiday season, Rhode Island State Police will be out in full force this holiday season in search of drunk drivers. Known as the Rhode Island DUI Task Force, this group is comprised of members of the state’s 39 police departments and state troopers. The holidays typically spark a noticeable increase in the number of drunk drivers on the roads, prompting an increased response from state officials. This task force has had a history of activity over holiday weekends such as Labor Day and Fourth of July, setting up sobriety checkpoints and making random stops.

How to Avoid a Holiday DUI

There are several things you can do to reduce your chances of being charged with a DUI this holiday season. The best and most effective way is to simply refrain from drinking and driving. If you plan on going out and drinking, make sure you have an alternate means of getting home. Bring a designated driver, call a taxi, or take a train home if you can.

If you have no way of getting home safely, simply stay where you are until you have sobered up enough to drive. Keeping your blood alcohol concentration (BAC) under control is crucial, as any driver operating a vehicle with a BAC of 0.08% or higher can be charged with DUI.

Ways to Control Your BAC

While it is not recommmended that you drive with alcohol in your system under any circumstances, you can reduce your chances of being charged with a DUI by taking certain steps to regulate your BAC.

The following methods can all be effective in keeping your BAC down:

  • Eating plenty of food while drinking
  • Refraining from chugging your drinks
  • Drinking one glass of water for every drink
  • Waiting a considerable amount of time after drinking

It is imperative to note, however, that these methods are not absolute and that every person reacts to alcohol differently. Your BAC will be influenced by your weight, gender, and rate of consumption. Commercially sold breathalyzers can be useful, though they should not be used as your sole method of determining sobriety. If a state trooper smells alcohol on your breath, you could find yourself in cuffs.

Arrested for DUI? Call (401) 354-2255!

If you should be arrested for DUI this holiday season, Attorney Jason Knight can provide a hard-hitting defense of your charges and maximize your chances of securing a desirable outcome for your case. Having served as a Rhode Island criminal defense lawyer for more than 10 years, he can use his invaluable experience to craft a custom-tailored defense aimed at securing a dismissal or reduction of your charges. To get started, contact his office online or request a complimentary consultation today!

Upcoming lectures by Jason Knight

 I will be speaking at a couple of lectures in the near future.

The first is a RI Bar Association CLE on expungements. More information can be found here:

https://www.ribar.com/Calendar/Signup.aspx?EventNo=6358

The second is a NBI lecture on persuading judges and juries. I have the block dedicated to most effectively using evidence. More information can be found here:

http://www.nbi-sems.com/Details.aspx/R-71233ER%7C?ctname=SPKEM

Search & Seizure Laws Regarding Drug Crime Charges

The Fourth Amendment of the United States Constitution clearly states that people cannot be subjected to unfair searches and seizures of their property, whether that be within their home, their vehicle, or on in their purse or pockets. It is further interpreted to mean that any evidence that is collected through an unjust search and seizure is inadmissible in the court of law. Since drug charges are usually mostly dependent on what was found during a police raid or drug bust, does the Fourth Amendment even apply at all to these cases?

The key word within the legal statute is “unreasonable.” No one can be subjected to an unreasonable search and seizure, which is a word that is open to interpretation. What might be unreasonable to you could be perfectly reasonable from the perspective of the police, especially if they know they need the evidence they took from under your bed to land a conviction.

Defining & Interpreting the Unreasonable

Legalities involving searches and seizures for drug busts are not completely vague, though. There are statutes that define what must be fulfilled or present in order for the search to take place.

In general, one or more of the following conditions must be met in order for a search to take place:

  • Warrant: The moment a judge signs a search warrant, the most in-depth investigation of your property is allowed. Contesting a search warrant is possible, of course, but notoriously difficult.
  • Danger: Police or investigators that believe they are in immediate danger can detain an individual and search the surroundings for weapons. This is very subjective. A person might reach to scratch the back of their neck and an officer could interpret it as them reaching for a weapon in hiding, essentially allowing them to cite “danger” whenever they want to conduct an impromptu search and seizure of evidence.
  • Destruction: Some evidence is fragile and easily destroyed. If the police think you are going to eliminate or tamper with the evidence of a crime that recently occurred, they can conduct a warrantless search of the area they believe pertains to the criminal act.
  • Plain sight: If an officer sees an illegal item, such as a drug or drug paraphernalia, in plain sight, they can conduct a full search of the area for additional evidence. You do not even need to be originally detained for this to happen. For example, you could be pulled over for a missing taillight and wind up arrested for drug possession if the police officer sees a bag of cocaine sitting atop the passenger seat.

Do you believe you were arrested due to an unjust search and seizure in Rhode Island? Could proving so remove the only evidence the prosecution has against you? It is time for you to contact Providence criminal defense attorney Jason Knight and our law firm. We provide free case evaluations so do not hesitate to start your defense now.

Jason Knight Wins RI Monthly 2019 Professional Excellence in Law Award

Attorney Jason Knight has captured a 2019 Professional Excellence in Law award by Rhode Island Monthly for being one of the state’s best criminal defense lawyers. This is the first time that the publication recognized attorneys who exemplify excellence in their respective areas of practice.

Each nominee is selected by their peers, while DataJoe Research helps Rhode Island Monthly conduct a survey to obtain votes. Attorneys who received an infraction by the state regulatory board were ineligible for these awards.

Based in Providence, Rhode Island Monthly provides over 166,000 readers with the very best the state has to offer—from food and fun activities to businesses and legal services.

With thousands of criminal cases successfully handled, Attorney Knight understands what it takes to protect our clients’ rights, reputations, and future. As a former Rhode Island prosecutor who has litigated many criminal cases before starting his own firm, he has a thorough understanding of the state’s criminal justice system and has developed strong relationships with local judges, prosecutors, and courtroom personnel.

If you have been charged with a criminal offense in Rhode Island, contact the Law Office of Jason Knight today at (401) 354-2255 and request a free case evaluation.

Jason Knight Wins Professional Excellence Award a Third Time

Attorney Knight Recognized by Rhode Island Monthly as a Top Local Criminal Defense Lawyer

Attorney Jason Knight has been recognized for his legal prowess once more. Our firm is excited to announce that Attorney Knight has earned his third consecutive Professional Excellence Award from Rhode Island Monthly.

Rhode Island Monthly only recently introduced this annual feature. Since being recognized in their premier issue in 2019, Attorney Knight has retained the honor each year for his continued excellence in criminal defense.

The Professional Excellence Award recognizes leading attorneys in Rhode Island. Inclusion in the list is a prestigious honor – less than 5% of local lawyers earn a spot. Only those with stellar peer reviews and in good professional standing are considered, and from there, the list is edited even further based on the nominee’s reputation among other nearby attorneys.

All awardees were nominated for consideration by their peers. Rhode Island Monthly then relied on the help of DataJoe Research to conduct the survey and gather votes from licensed lawyers in the community. During this review process, individuals who were disciplined for any infraction by the state board were made ineligible for the award and thus disqualified from inclusion in the list. DataJoe Research then released their final findings and included our firm once more.

We’re humbled to have been recognized by Rhode Island Monthly again, and we’re eager to continue improving our work to provide our clients with effective legal representation for years to come.

Contact the Law Office of Jason Knight to discuss your case in a free initial consultation.

Attorney Knight Selected to 2021 Rhode Island Super Lawyers List

We are excited to share that Attorney Jason Knight has been named to the 2021 Rhode Island Super Lawyers list. The list is published annually, and only 5% of attorneys in the state are selected for inclusion.

Super Lawyers uses a patented multiphase process to identify and evaluate attorneys by practice area.

To be chosen to the Super Lawyers list, an attorney must be:

  • Nominated: Candidates must be identified by their peers, third-party feedback, or the Super Lawyers research team. They cannot nominate themselves nor campaign for nominations.
  • Reviewed: The Super Lawyers team awards points to the nominees based on 12 factors, including verdicts/settlements, awards/achievements, educational and professional background, and pro bono work and community service.
  • Evaluated: The highest scoring lawyers from the first two steps are invited to sit on a Blue Ribbon Panel to evaluate their peers in their practice areas.
  • Selected: The top 5% of attorneys, based on scores from the previous phases, are selected to the Super Lawyers list.

The objective of the Super Lawyers list is to provide those seeking legal representation with a credible listing of exceptional attorneys as identified through peer recognition and professional achievement. We are beyond proud of Attorney Jason Knight’s recent accomplishment and offer our warmest congratulations.

At The Law Office of Jason Knight, we devote our full attention to helping individuals through their legal issues. We are passionate about the work we do and diligently strive to obtain favorable results for our clients.

For defense from a recognized attorney, schedule a free consultation by calling (401) 354-2255 or submitting an online contact form.