Expunge Your DUI

At the law offices of Robert Bradley Blackman Attorney At Law, we are dedicated to serving your legal needs. We will treat your legal matter with the highest level of service and professionalism. As a former municipal court judge and former municipal prosecutor, Mr. Blackman has the expertise and resources to provide the highest quality legal services in a cost-effective manner. Whether your legal matter is related to an accident, injury or other concern, we are dedicated to providing our clients with prompt, professional and friendly service. Please call today to schedule a free initial consultation. With more than 35 years of experience in criminal law, divorce, personal injury and other matters, you can feel safe that Mr. Blackmans extensive background and successes will help guide you through your most difficult times. He offers his skillful and qualified representation in the following areas: Criminal Law, Municipal Court, DWI-DUI, Juvenile Law, Traffic, Personal Injury, Accidents, Slip & Fall, Contract Litigation, Real Estate (Commercial and Residential), Divorce and Expungement.

The consequences of being convicted for driving under the influence of drugs or alcohol are in no way diminished if you are not old enough to be drinking in the first place. Leniency is much more difficult to come by, especially if aggravating factors are involved in your case, so it is even more critical to protect your rights and your future by retaining an attorney who is experienced in dealing with DUIs in your state.

Most states have adopted a Zero Tolerance Policy for those under the age of 21, which means that if your blood alcohol concentration, BAC, is higher than 0.0%, you could be arrested and convicted of DUI. However, in Maine, in order to be convicted of DUI while under the age of 21, you must be impaired or have a BAC of .08% or higher.  Here are just some of the potential consequences that you could be facing for a DUI as a minor, in no particular order:

Jail

Yes, jail time is a potential outcome if you are convicted of a DUI even as a minor, depending on several other factors.  In Maine, DUI is not a juvenile offense. Being underage is considered an aggravating factor in a DUI case, so you could see increased likelihood for jail or other consequences.

Monetary Fines

You may be responsible for thousands of dollars in monetary fines, very similar to having to pay a ticket for speeding if you are convicted of DUI. The amount depends on the state and other circumstances, but could total several thousand dollars that must be paid before your driving privileges can be restored. When serious bodily injury or property damage and/or fatalities occur, you could also face criminal restitution charges to the victim(s) or their families as well.

Loss of Driving Privileges

A DUI conviction almost always leads to loss of driving privileges, but the length of time depends on the case. If you are underage, that time could last a long time, depending on the state, judge, and circumstances. The younger you are, and the more serious the aggravating factors, the longer you will likely be without driving privileges.

Mandatory Rehab and Counseling

Minors convicted of DUI will likely face court-ordered rehabilitation or alcohol/drug counseling before the record is wiped clean. However, in Maine, because DUI is not a juvenile offense, if convicted, you have a criminal record and there is no expungement process.  This could be in the form of alcohol education classes, hospital rehabilitation or modern rehab facility, psychiatric counseling, and more, depending on several factors. You will be required to completely finish all courses or classes, including presenting a certificate of completion to the judge before your record is expunged, depending on the case and availability of expungement for minors.

This information is provided solely for informational purposes and does not constitute legal advice.

Originally published here.

What exactly is a one year filing in Rhode Island and what are the implications of accepting a filing?

In a filing, the case is put aside for a year and if the person stays out of trouble for that year then the case is eligible to be expunged and destroyed at the end of the year. If a person gets in further trouble then the filing may be violated and the person sentenced again on the filing. An accused should either hire a  RI criminal  defense lawyer or if they are eligible contact the R.I. Public Defender.

A one year filing is usually only offered by the prosecutor as a penalty for first time offenders for low level offenses. A filing is a penalty that is offered for first time offenders for relatively minor misdemeanors. It is is the lowest form of penalty available and is always better than probation

Do not forget to have your filing expunged at the end of the year! It is not automatic. A certified copy of the expungement order must also be sent to the Rhode Island Attorney General ’s office, and the local police department that pursued the charges.

A plea of nolo contendere with a filing is never a conviction in Rhode Island. In the event that a person is found guilty after trial, a person could still be sentenced to a one year filing. However, any guilty finding after trial will constitute a conviction. A guilty finding with a penalty of a filing should be appealed to avoid a conviction.

(Expungement is a process in which a person can have certain eligible Rhode Island criminal records expunged off there record. In order to obtain an expungement of a Rhode Island criminal record a person must file a motion to expunge. I strongly advise that you contact a Rhode Island Criminal Law attorney to determine whether a criminal record can be expunged.)

If a one year filing is offered by the prosecutor / city solicitor and is accepted then the case will be “filed” for a year. This is commonly called a “filing”. If the defendant does not get arrested or get in other trouble and complies with the conditions of the filing during the one year period then the case can be easily expunged from a person’s record after the year.

Pursuant to Rhode Island law, Domestic cases such as domestic assault, domestic vandalism and domestic disorderly conduct can not be expunged for (3) years.

What Types of Filings are there in RI?

There are two types of filings, not guilty filings and nolo contendere filings.

A nolo contendere filing is when the defendant admits to guilt and the case is filed for a year. The vast majority of filings are nolo contedere filings! Whereas, if a person is violated for a nolo contendere filing, the judge simply must impose a sentence because the person has already admitted guilt to that offense.***

If the person violates his filing by not complying with the conditions of the filing then the persons filing can be revoked by the Court. If a person takes a nolo contendere filing and gets into further trouble, violates the conditions of the filing or is arrested on a new offense then the person will be hailed back into court to be sentenced on the filing. (*** unless the filing was a not guilty filing which means the prosecution must prove the defendants guilt) If there is a new charge, a person can be violated for the filing and in addition be charged with a new crime. There are various conditions that can be put on a filing including alcohol and drug counseling, domestic violence counseling or classes, restitution, no contact with the victim and community service.

If a person is arrested for a new offense while on a filing, the person is subject to being held at the aci for up to 14 days as a violator of his filing. When a person is arraigned for a new offense during the filing, the state will usually inform you that you either admit to the new offense and take probation or you will be held at the aci for up to 14 days prior to a hearing!

A person who has a filing must be very careful! A new offense during the filing period in all likilihood means that a person will spend 14 days at the aci (jail) without the benefit of a hearing on the merits. </b> In other words even if the person is innocent of the new offense, he or she could still spend up to 14 days in jail! This is extremely unfair and wrong but nevertheless it is the law in Rhode Ilsand.

If the case is a domestic case or other case such as an assault and battery then a no contact order may be issued in favor of the victim when you accept the filing. A violation of the no contact order when on a filing will constitute a violation of the filing as well as a separate criminal offense and may lead to jail time at the aci.

*** A not Guilty filing is when the defendant maintains his innocence and the case if filed for a year. A not guilty filing is not usually allowed by Judges in the District Court! Not Guilty filings are extremely rare in the District Court. A major difference between a not guilty filing and a nolo contendere filing is when a person is violated for a not guilty filing then the state / prosecution must prove guilt at that time. Some judges will not allow not guilty filings as a matter of policy. Not guilty filings are very beneficial to the defendant as the best case scenario short of a dismissal or not guilty finding because if the person is accused of a new crime or violating their filing the state will need to still prove their underlying case.

Originally published here.