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Providence Criminal Defense Lawyer

J. Joseph Garrahy Judicial Complex in Providence, Rhode Island

An arrest puts your job, your record, your family, and sometimes your freedom at risk, and the process moves fast. What happens at your arraignment and in the weeks after can shape the whole case. I defend people charged with misdemeanors and felonies across Rhode Island, and I'll tell you honestly where your case stands and what your options are.

Charged in Massachusetts? Massachusetts cases follow different rules in different courts. Massachusetts criminal defense →

 

Charges I defend

  • Domestic assault and other domestic violence charges

  • Simple assault and felony assault

  • Disorderly conduct

  • Drug possession and possession with intent

  • Firearm charges

  • Shoplifting, larceny, and theft

  • Vandalism

  • Trespassing

  • Driving on a suspended license

  • Probation violations

  • DUI and refusal (see my DUI and refusal page)

These are some of the most common charges I handle, but I defend many other criminal charges too. If you don't see yours listed, call me.

 

How a Rhode Island criminal case moves

  1. Arrest and arraignment. Every adult case starts in District Court. At arraignment, the judge sets bail and conditions of release. In domestic cases, that almost always includes a no-contact order.

  2. Misdemeanors stay in District Court. Most misdemeanor cases resolve there through dismissal, a negotiated plea, or a bench trial.

  3. Felonies move to Superior Court. After arraignment, felony cases are transferred to Superior Court, where they proceed by criminal information or grand jury indictment.

  4. Pretrial conferences and motions. This is where most of the work happens: reviewing police reports, video, and witness statements, challenging illegal searches or statements, and negotiating with the prosecutor.

  5. Resolution or trial. Many cases end without a conviction. When the prosecution can't prove its case, we try it.

 

Outcomes that protect your record

A conviction isn't the only way a case can end. Depending on the charge and your history, options in Rhode Island may include:

  • Dismissal, when the evidence isn't there or was obtained illegally.

  • A filing, where the case is held for one year and, if you stay out of trouble, closed without a conviction.

  • A deferred sentence, which, once completed, is not a conviction.

  • Diversion programs for eligible first-time defendants.

  • Reduction to a lesser charge.

  • Acquittal at trial.

After a case is dismissed, filed, or completed, you may be able to seal or expunge the record so it doesn't follow you into job and housing applications. Eligibility depends on the offense and your record, and I handle those petitions too.

 

Domestic violence charges

A domestic charge carries consequences beyond the case itself. A no-contact order can keep you out of your own home. A conviction can require a batterers' intervention program and cost you the right to own a firearm under state and federal law. These cases also often overlap with divorce and custody. Because I handle both criminal and family cases, I can see how a decision in one court affects the other.

 

Probation violations

If you're on probation and picked up on a new charge or a technical violation, you can be held without bail until a violation hearing. The standard of proof at that hearing is far lower than at trial, and a violation can bring back a suspended sentence. Call right away. These cases move quickly.

 

If you've just been arrested or charged

  1. Don't talk to police about the case. Politely say you want a lawyer, and stop there.

  2. Don't consent to searches of your phone, car, or home.

  3. Obey any no-contact order exactly. That includes texts, social media, and messages passed through friends, even if the other person reaches out first.

  4. Don't post about the case.

  5. Keep your paperwork and write down your court dates.

  6. Call a lawyer before your next court date.

 

Frequently asked questions

What is a "filing" in Rhode Island? A filing is a disposition where the case is held for one year. If you stay out of trouble during that year, the case is closed without a conviction and the record is cleared. It can be a strong outcome for first-time defendants.

 

Can I get my record expunged? Often, yes, depending on the charge, how the case ended, and how much time has passed. Dismissed cases and acquittals can usually be sealed. Convictions have waiting periods and eligibility rules.

 

The alleged victim doesn't want to press charges. Will the case be dropped? Not automatically. In Rhode Island, the State decides whether to prosecute, not the complaining witness. Their wishes can matter to how the case resolves, but they don't end it. Don't contact them if there's a no-contact order in place.

 

Do I need a lawyer for a misdemeanor? Yes. Even a misdemeanor conviction can affect employment, immigration status, professional licenses, housing, and firearm rights. The difference between a conviction and a filing or dismissal is worth fighting for.

 

I'm not a U.S. citizen. Does that change anything? It can change everything. Some pleas that look minor carry serious immigration consequences. Tell me at the start so we can plan around it.

 

Charged with a crime? Call today.

The consultation is free and confidential. Call (401) 656-5555.

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Loffredo Law, P.C.

1370 Chalkstone Avenue, Providence, RI 02909

Practice areas: Car Accidents & Injury · Serious Injuries · DUI & Refusal · Criminal Defense · Divorce & Family Law · Massachusetts Criminal Defense · Massachusetts Car Accidents

Serving Providence, Cranston, and communities across Rhode Island.

Admitted in Rhode Island and Massachusetts.

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The information on this website is for general information only and is not legal advice. Contacting Loffredo Law through this website does not create an attorney-client relationship. Please do not send confidential information until an attorney-client relationship has been established.

Prior results do not guarantee a similar outcome. Every case depends on its own facts.

The Rhode Island Supreme Court licenses all lawyers in the general practice of law. The Court does not license or certify any lawyer as an expert or specialist in any particular field of practice.

Attorney responsible for the content of this website: Michael Loffredo, Esq., 1370 Chalkstone Avenue, Providence, RI 02909.

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