Frequently Asked Questions about Criminal Law

Law office serving North Kingstown, East Greenwich, Cranston and Coventry

Kerry I. Rafanelli, Attorney at Law has represented defendants in the criminal justice system for 30 years. We are available to answer your questions about your rights and about building an effective defense in your case. Read our responses to frequently asked questions and then call our office to discuss your individual situation.

1. What should I do after I am arrested?
2. Do all criminal cases go to trial?
3. What does the Breathalyzer® do?
4. What does it mean that I am presumed impaired if I blow a .08 BAC in Rhode Island?
5. Can I get charged with a DWI if I refuse the breathalyzer test?
6. What is reckless driving?
7. Does it matter if I keep getting speeding tickets?
8. Can law enforcement protect me from my abusive spouse?
9. Are there options for my child besides detention in the juvenile justice system?
10. Where can I learn more about my rights in criminal court?

Learn more from an experienced East Greenwich criminal defense lawyer

Consult an experienced East Greenwich attorney to get the answers you need about your rights in the criminal justice courts. Call Kerry I. Rafanelli, Attorney at Law or contact us online to schedule your free consultation.

1. What should I do after I am arrested?

The first hours after your arrest are vital to defending yourself against a criminal accusation. Contact a qualified defense lawyer immediately to protect your Constitutional rights.

2. Do all criminal cases go to trial?

You have a right to a trial if you are accused of a crime. Our criminal defense law firm Kerry I. Rafanelli, Attorney at Law, can negotiate a plea deal with the prosecutor if it is in our client's best interest. However, we are willing and prepared to advocate for our clients' rights at trial.

3. What does the Breathalyzer® do?

The Breathalyzer is intended to register your blood alcohol content (BAC). Our law firm vigorously seeks to determine if the result represented is accurate by determining if the breathalyzer machine was in proper working order and calibrated.

4. What does it mean that I am presumed impaired if I blew a .08 BAC in Rhode Island?

Rhode Island law holds that a person who registers a BAC of .08 or higher on a breathalyzer test is presumed to be impaired. If the prosecution can prove that you were driving while your BAC was at least at that limit then you can be charged with driving while intoxicated (DWI). This means you have to overcome the presumption of impairment in your DWI defense.

5. Can I get charged with a DWI if I refuse the breathalyzer test?

You can still be charged with a DWI if you refuse the breathalyzer.  The prosecution must present other evidence to prove its case.

6. What is reckless driving?

Reckless driving is a criminal offense described by Rhode Island law as operating "a motor vehicle recklessly so that the lives or safety of the public might be endangered." We seek to have the prosecution reduce a DWI charge to reckless driving when warranted.

7. Does it matter if I keep getting speeding tickets?

Whereas one speeding ticket may be expensive and inconvenient, multiple moving violations can result in a suspended driver's license, substantial fines and increased rates or policy cancelation of your auto insurance.

8. Can law enforcement protect me from my abusive spouse?

You can obtain a domestic violence restraining order through the family or criminal courts. A no contact order restricts the abuser's contact with you.

9. Are there options for my child besides detention in the juvenile justice system?

Your child may qualify for and benefit from numerous alternative programs in the juvenile justice system that provide drug or alcohol abuse treatment, anger management counseling, mental health services, educational and life skills assistance and mentoring.

10. Where can I learn more about my rights in criminal court?

Call Kerry I. Rafanelli, Attorney at Law or contact us online to schedule your free, no-obligation consultation. We zealously defend your rights in the criminal courts.