Best Criminal Defense Lawyers in Cranston

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Cranston, United States

Founded in 2008
5 people in their team
English
Marin, Barrett, and Murphy Law Firm is a Rhode Island based practice concentrating in criminal defense and personal injury litigation. The firm represents clients facing DUI, drug, assault, domestic violence, white-collar and other criminal charges, and also pursues injury and mass tort claims...
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About Criminal Defense Law in Cranston, United States

Criminal defense law covers legal representation and procedures for people accused of crimes. In Cranston - a city in Providence County, Rhode Island - criminal matters are handled under Rhode Island state law and local ordinances. Cases range from traffic and misdemeanor offenses to serious felonies. If you are arrested, charged, or under investigation, criminal defense attorneys help protect your rights, explain procedures, negotiate with prosecutors, and represent you at hearings and trials.

Why You May Need a Lawyer

A lawyer can be essential at many stages of a criminal matter. Common situations when people need criminal defense help include:

- Arrest or detention by police

- Being charged with DUI or other motor vehicle offenses

- Accusations of drug possession, distribution, or manufacturing

- Charges of assault, domestic violence, sexual misconduct, or theft

- Probation or parole violations

- Outstanding warrants or summons to appear in court

- Juvenile delinquency matters involving minors

- Cases where evidence was obtained through searches, seizures, or interrogation

- When you are offered a plea deal and must weigh the consequences

- Post-conviction needs such as appeals, sentence modifications, or record sealing

Local Laws Overview

Key aspects of local and state law that affect criminal defense in Cranston include:

- Jurisdiction and courts - Criminal cases in Cranston proceed under Rhode Island law. Misdemeanors and many preliminary matters are handled in District Court. Felony cases typically move from District Court to Rhode Island Superior Court for trial. Juvenile delinquency matters are handled in Family Court. Appeals go to Rhode Island appellate courts.

- Arrest, arraignment, and bail - After an arrest, the first court steps include arraignment and possible bail or pretrial release. Bail procedures and pretrial conditions can vary based on charge severity, criminal history, and flight risk.

- Miranda warnings and police procedures - Law enforcement must respect constitutional protections against unreasonable searches and self-incrimination. Challenging unlawful stops, searches, or coerced statements is a common defense strategy.

- DUI and motor vehicle offenses - Driving under the influence is treated seriously. Rhode Island follows the common blood-alcohol standard of 0.08 percent for impaired driving. Convictions can produce fines, license suspension, possible jail time, and other administrative penalties.

- Drug offenses - Penalties for possession, intent to distribute, and trafficking depend on the substance, quantity, and circumstances. State sentencing rules and mandatory minimums can apply in some situations.

- Domestic violence and protective orders - Allegations of domestic violence often involve criminal charges and civil protective orders. Violating a restraining order can lead to separate criminal charges.

- Diversion and alternative programs - Rhode Island and local prosecutors may offer diversion, pretrial intervention, or treatment-first programs for some offenders, particularly for first-time or low-level offenses.

- Record sealing and expungement - Options to seal or clear certain arrest and conviction records exist, but eligibility and procedures are governed by state law and can be complex.

- Sentencing and post-conviction - Sentencing ranges depend on statutory penalties, prior records, and judicial discretion. Post-conviction relief and appeals have strict timelines and procedural rules.

Frequently Asked Questions

What should I do if I am arrested in Cranston?

Stay calm and be polite. You have the right to remain silent - do not answer questions beyond basic identifying information. Ask for an attorney immediately. Do not resist arrest physically. Record the arrest details as soon as possible - time, place, officer names or badge numbers, and witness information. Contact an attorney right away.

Do I need to speak to the police without a lawyer?

No. You have a constitutional right to remain silent and to consult an attorney before answering questions. In most cases it is best to politely decline to answer questions until you speak with a lawyer.

Will I get a public defender if I cannot afford a lawyer?

If you cannot afford a private attorney and you face charges that could result in incarceration, you may be eligible for representation from the public defender or court-appointed counsel. Eligibility rules and procedures vary, so be prepared to explain your financial situation to the court.

What happens at an arraignment?

At arraignment you are formally told the charges against you and asked to enter a plea - typically guilty, not guilty, or no contest. The judge may address bail or conditions of release, set future court dates, and advise you of your rights. It is important to have counsel at or soon after arraignment to protect your interests.

Can charges be dismissed before trial?

Yes. Charges can be dismissed for reasons such as insufficient evidence, unlawful police procedures, successful pretrial motions, or prosecutorial discretion. A defense attorney can file motions to suppress evidence or seek dismissal where appropriate.

What is plea bargaining and should I accept a plea offer?

Plea bargaining is an agreement between the defendant and prosecutor where the defendant pleads guilty to reduced charges or receives a recommended sentence in exchange for waiving trial. Whether to accept a plea depends on the strength of the prosecution's case, potential sentence exposure, collateral consequences, and your goals. Discuss all options and consequences with an attorney before deciding.

How long will my case take to resolve?

Case timelines vary widely based on charge complexity, court schedules, discovery needs, and whether you accept a plea or go to trial. Simple cases may resolve in weeks to months; serious felonies or cases with extensive evidence can take many months or longer.

What defenses are commonly used in criminal cases?

Common defenses include lack of probable cause for arrest, unlawful search and seizure, mistaken identity, alibi, lack of intent, self-defense, and violation of Miranda rights. The appropriate defense depends on the facts and evidence in your case.

How do juvenile cases differ from adult cases?

Juvenile cases in Rhode Island are handled in Family Court and focus more on rehabilitation than punishment. Procedures, privacy protections, and sentencing options differ from adult court. Parents and guardians should seek counsel experienced in juvenile defense.

Can I get a criminal record sealed or expunged?

Possibly. Rhode Island law provides limited options for sealing or clearing certain arrest and conviction records, but eligibility depends on the offense, outcome, and time elapsed. An attorney can evaluate your specific situation and guide you through available remedies and the required procedures.

Additional Resources

When you need reliable information or assistance, consider these local and state resources for guidance and support:

- Rhode Island Judiciary - the state court system that handles criminal matters

- Office of the Public Defender - provides representation for eligible indigent defendants

- Rhode Island Bar Association - for lawyer referral services and guidance on finding qualified counsel

- Cranston Police Department - for local law enforcement contact and procedures

- Office of the Attorney General - handles certain statewide criminal prosecutions and victim services

- Rhode Island Department of Corrections - information on incarceration and facility matters

- Community legal aid and non-profit organizations - for limited-scope legal help, family support, and reentry services

- Victim advocacy programs - available through local prosecutors, police, and nonprofit groups to assist victims of crime

- Local court clerk offices - for filing procedures, court dates, and public records

Contact these offices directly or consult with a local criminal defense lawyer to learn how each resource applies to your situation.

Next Steps

If you need legal assistance in Cranston for a criminal matter, here are practical next steps:

- Prioritize safety - If someone is in immediate danger, call emergency services.

- Do not speak to police without counsel - Exercise your right to remain silent and request an attorney.

- Gather information - Collect documentation, notes, and witness contact information related to the incident.

- Seek legal advice - Contact a criminal defense attorney for an initial consultation. If you cannot afford counsel, ask about public defender eligibility or court-appointed attorneys.

- Attend all court dates - Missing a hearing can lead to arrest warrants and additional charges.

- Follow legal advice - Be honest with your lawyer and follow their guidance on plea offers, pretrial conditions, and evidence preservation.

- Consider alternatives - Ask your attorney about diversion, treatment, or pretrial programs that may reduce or avoid convictions in appropriate cases.

- Plan for long-term impact - Discuss collateral consequences such as employment, licensing, immigration, and record-sealing options with your attorney.

Getting timely legal help improves your chances of a favorable outcome. If you are unsure where to start, contact the local bar association for a referral or consult a criminal defense lawyer with experience in Rhode Island and Cranston court practice.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.