Frequently Asked Question

Since 1997, I have served as a Criminal Defense Attorney in Rhode Island. Prior to that, I served as Special Assistant Attorney General prosecuting hundreds of criminal cases. I understand prosecution and defense tactics as a lawyer who has served both sides for more than 30 years.

The best way is by calling (401) 861-1155

Clients and potential clients can reach me 24 hours per day, seven days a week. Regardless of the time of day or year, a member of our team is standing by to assist you with your issue.

We have five offices serving Rhode Island residents; located in Providence, Newport, Warwick, Narragansett and North Smithfield.

S. Joshua Macktaz specializes in several criminal defense areas, including DUI, DWI, BUI, traffic violations, expungements and more

Yes. You can review some of my case results here. In addition, you can see what some of my clients had to say about the firm and the way we handled their cases here.

You can follow the firm on Facebook while reading more reviews. Read our tweets on Twitter, or read up on our law blog.

The BEST. Common sense tells us that former prosecutors make the best criminal defense lawyers. This is because criminal defense attorneys with backgrounds as prosecutors know how to get into the mind of the prosecutor. They can detect and predict their legal moves and create counter-arguments for every point. In other words, there are no surprises when you’re working with a Rhode Island criminal defense attorney who was a former prosecutor. They’ve worked on both sides of the courtroom and they know how to approach your case using a comprehensive and aggressive strategy.

There are two types of criminal offenses in Rhode Island:

Misdemeanors and felony charges.

A misdemeanor is a less serious criminal offense, although no arrest or crime should never be taken lightly. A conviction for a misdemeanor crime can have long-lasting and negative effects on a person’s life. A misdemeanor penalty might include fines, community service, and/or up to a year in jail. Examples of misdemeanors are DUI charges, petty theft, reckless driving, assault and battery, disorderly conduct, domestic assault and battery, domestic disorderly conduct and prostitution. These cases are handled in the Rhode Island District Court.

A felony charge is a more serious criminal charge in Rhode Island. Felony charges can result in penalties such as years in prison, heavy fines, and other severe consequences. Examples of felonies include delivery of narcotics, possession of large amounts of controlled substances, assault and battery resulting in personal injury, white collar crimes, burglary, rape, murder, and arson. These cases are handled in the Rhode Island Superior Court.

Regardless if you’ve been charged with a misdemeanor or a felony, having a trusted criminal defense lawyer representing you is what is most important.

Yes, in my 30 plus years defending criminal charges in RI I have provided DUI Defense in all Rhode Island courts including the Newport County District Court where Middletown DUI cases are presided.

THIS IS MY GOAL IN EVERY CRIMINAL CASE. If you’re a first time offender looking to have your criminal record expunged, your expungement eligibility will depend on what the criminal charge was and how the case ended in court. I can tell a person if they are eligible for expungement in the first 5 minutes of a phone call. If so, the total timetable to have a crime expunged from a criminal record is 3-4 weeks. AND, expunging or sealing a criminal record does not require you to go to court. A very simple process when handled by an experienced criminal defense attorney.

As stated above, all Rhode Island criminal charges fall into one of two categories: misdemeanors and felonies. Different expungement laws apply for misdemeanors versus felonies, but the process of expungement of a criminal record is generally the same.

Only an experienced Rhode Island criminal lawyer can tell you if you’re eligible to have a felony or misdemeanor charge expunged and what your path to expungement looks like.

The results of these two actions on a criminal record are exactly the same. The Court uses different words depending on how your case ended.

If you’re a first time offender and your criminal case was either dismissed by law enforcement or the prosecution, or you were found not guilty by a judge or jury of the criminal charges for which you were arrested, the process is called sealing the criminal record.

If you were convicted of a criminal charge or you pled guilty to a criminal offense and received a sentence, the process is called expungement.

Three things happen when a criminal record is either expunged or sealed:

1. Your arrest record, whether it be a criminal charge, sentence, probation, suspended sentence, a plea of nolo contendere, or criminal conviction will be deleted from the Bureau of Criminal Identification (this is the official term for your criminal “record”, which is kept by the Rhode Island Department of Attorney General)
2. The criminal law court deletes your arrest record, criminal charge, the sentence, probation, suspended sentence plea of nolo contendere, criminal conviction, and criminal case information from the Court computer. The important part is no one will be able to access this record from now on.
3. Finally, law enforcement and the courts are ordered to destroy the physical file, record, and any other evidence of your legal matter in their possession.
4. Basically, under Rhode Island expungement law, once a criminal history has been sealed or expunged, it won’t appear anywhere for the public, law enforcement, or the courts to access it.

In addition, you’re not legally obligated to ever answer any questions about your criminal history. For instance, on a job application, you can mark “no” to having a criminal record. It is considered the legal equivalent of “it never happened”.

Facing criminal charges in Rhode Island can be a daunting and confusing process. Your first step is to hire an experienced Rhode Island criminal defense attorney to start working on your case immediately.

Beyond that, understanding your criminal charges and what happens after an arrest can help you feel more positive and confident about moving forward. If you’re facing criminal charges in Rhode Island, either misdemeanor or felony charges, it is esssential to consult with an experienced criminal defense attorney.

Rhode Island DUI law is very specific and very complicated. If you have been charged with a misdemeanor DUI or a felony DUI in Rhode Island, you absolutely need the best RI DUI lawyer as your legal representation. A conviction for a Rhode Island DUI can carry jail time, hefty fines and costs, mandatory community service, mandatory attendance and completion of DUI classes, and a significant loss of your license to operate a motor vehicle. A Rhode Island DUI case is no joke, and requires an experienced and knowledgeable Rhode Island DUI attorney to prepare the best DUI defense.

So many people we may know have found themselves arrested for a Rhode Island DUI. It is one of the most common criminal offenses in Rhode Island. Law enforcement take DUI cases very seriously because they happen so often. GOOD PEOPLE MAKE MISTAKES TOO. But do not make the mistake worse by hiring the wrong Rhode Island DUI lawyer. My law firm has defended thousands of Rhode Island DUI charges and there is NOTHING I have not seen or defended. An experienced criminal defense lawyer makes all the difference in the world.

Rhode Island takes domestic violence crimes very seriously. Some of the harshest penalties in the state are associated with crimes involving domestic violence. This is why it’s so vital to have a criminal defense attorney with years of experience in domestic violence and assault charges.

Rhode Island law classifies the following actions as domestic violence criminal charges:

• Domestic Battery
• Assault Causing Bodily Injury
• Disorderly Conduct
• Malicious Damage to Property
• Failure to Relinquish a Telephone
• Abuse
• Violation of a Restraining Order or No Contact Order
• Cyber Harassment (on social media is a common example)
• Stalking
• Child Abuse
• Breaking and Entering
• Family Violence
• Any Bodily Injury
• Trespassing
• Kidnapping
• Child Snatching
• Emotional Abuse
• Sexual Assault
• Domestic Abuse
• False Imprisonment
• Homicide/Murder
• Arson
• Burglary

If you’re facing any of the domestic violence charges in the list above, it’s important to speak with an experienced criminal defense lawyer who specializes in domestic violence in Rhode Island. I have years of experience defending clients who have faced domestic violence charges, which are some of the most serious offenses in Rhode Island and can have significant penalties.

This is why it’s crucial to work with an experienced criminal defense attorney who has specific experience in domestic violence. I have defended hundreds and hundreds of these cases as a Rhode Island criminal lawyer.

The marijuana laws have drastically changed across the country and specifically in Rhode Island. Today, Rhode Island has established marijuana legalization for possession of cannabis in small amounts and for personal and recreational use. Rhode Island also has approved the use of marijuana for medical purposes.

However, it is possible to face marijuana criminal charges in other circumstances. For instance, a criminal marijuana charge can be brought for simple possession of marijuana (if you possess more than 1 ounce of marijuana), possession with intent to deliver marijuana, delivery of marijuana, and cultivation of marijuana.

Remember also that possession of cannabis in a motor vehicle can also lead to a DUI charge.

While most people consider traffic tickets simple violations they can handle by themselves. Consequences for traffic violations can be expensive and can cause a lot of disruptions in people’s everyday lives. Expensive fines and driver’s license suspensions can create issues with employment, paying monthly bills, or simply handling daily routines. Regardless if this is your first speeding ticket or your third or fourth moving violation in the state of Rhode Island, it’s a smart idea to hire a defense attorney to resolve these issues for you. An experienced defense lawyer who has specific experience in traffic violations can help you avoid costly fines and make sure your driving record remains clean.

Rhode Island DUI and RI DWI consequences are quite harsh. DUI is short for “Driving Under the Influence” [of drugs or alcohol]. Similarly, DWI stands for “Driving While Intoxicated.” Any driver operating a vehicle with a Blood Alcohol Concentration above the legal limit gets a DWI charge. Drivers younger than 21 years of age with a BAC between 0.02 percent and 0.08 percent face DUI charges.

For more information about laws , penalties and defenses for DUI charges go to the DUI page.

Rhode Island DUI penalties differ based on the perpetrator’s age and Blood Alcohol Concentration (BAC).

RI First time DUI offenders with a BAC between 0.08 percent and 0.10 percent face:

• Fines ($100 – $300)
• License suspension (up to six months)
• Jail (up to one year)
• Community service (between 10 and 6 hours)

If you face second or subsequent charges, there are harsher penalties to face, such as:

• Felony charges
• Steeper fines
• Increased jail time

The penalties for a RI DWI resulting in death are as follows:

• Jail sentence between five and 15 years
• Fines between five and $10,000 dollars
• License revocation up to five years
• Enrollment in an alcohol treatment program

No. A pardon can only come from the President of the United States of America. It signifies the forgiveness for a crime, whereas an expungement removes the blemish from a person’s record as if it never happened.

If police take you into custody, a criminal defense lawyer may advise you not to speak to police personnel until you first speak to your attorney. Sometimes, the police will attempt to use your words against you to get a conviction. Wait for your defense lawyer to arrive, who can advise you of how to address the police before you answer any questions.

Rhode Island DUI and RI DWI consequences are quite harsh. DUI is short for “Driving Under the Influence” [of drugs or alcohol]. Similarly, DWI stands for “Driving While Intoxicated.” Any driver operating a vehicle with a Blood Alcohol Concentration above the legal limit gets a DWI charge. Drivers younger than 21 years of age with a BAC between 0.02 percent and 0.08 percent face DUI charges.

For more information about laws , penalties and defenses for DUI charges go to the DUI page.

Yes. You can get a DWI or DUI charges for operating a boat with a BAC over the legal limit, which remains the same for automobiles and water vessels. Learn more about the penalties for drinking and boating in Rhode Island.

he refusal of breathalyzer in RI can result in:

• Loss of license automatically suspended at the time of first court appearance in the Traffic Tribunal
• 10-60 hours of community service
• Fines
• Highway safety assessment fee of $500

Rhode Island’s implied consent laws state that anyone operating a motor vehicle gives consent to a chemical blood test to determine his or her BAC.

Rhode Island DUI penalties differ based on the perpetrator’s age and Blood Alcohol Concentration (BAC).

RI First time DUI offenders with a BAC between 0.08 percent and 0.10 percent face:

• Fines ($100 – $300)
• License suspension (up to six months)
• Jail (up to one year)
• Community service (between 10 and 6 hours)

If you face second or subsequent charges, there are harsher penalties to face, such as:

• Felony charges
• Steeper fines
• Increased jail time

The penalties for a RI DWI resulting in death are as follows:

• Jail sentence between five and 15 years
• Fines between five and $10,000 dollars
• License revocation up to five years
• Enrollment in an alcohol treatment program

In general, a DUI/DWI lawyer fights to expunge the charges against a defendant or otherwise limit and reduce the punishment one faces. A member of the S. Joshua Macktaz, Esq. legal team has in-depth understanding of RI DUI laws and defense strategies.

Expungement is the process of erasing an arrest or conviction from a person’s criminal record publicly. more about Rhode Island expungements

It depends. If a defendant is not acquitted during the legal process, he or she may opt for a filing. If, after one year (three for domestic violence), the defendant stays out of trouble, the case is dismissed. You must still file a motion for the expungement.

Rhode Island expungement laws state that expungement id only available to first-time offenders not convicted of a violent crime. It is only possible if you do not have a prior felony conviction. Also, you have to wait a period of ten years prior filing a motion to expunge.

It depends. While expungement is meant to stay off public records. However, private records may contain this information. Depending on the company running your background check, this information may still appear on the report.

It depends on the classification of the crime. See below for a breakdown of expungement waiting periods:

• Domestic violence – Three years
• Misdemeanor – Five years
• Deferred sentences (Plead of: Guilt or Nolo Contendere) – Five years
• Felony – 10 years

To read more about the expungement process, eligibility and laws go to the Rhode Island Expungement page.

1. Obtain a copy of your criminal record from the Attorney General in Providence, RI.
2. File a motion for expungement at the same court location where the charges were brought against you.
3. Get the court date.
4. Notify the Attorney General and the arresting police department of your court date.
5. Appear in court with your lawyer or have your lawyer appear on your behalf.
6. Provide proof that you are eligible for expungement.

To read more about the expungement process, eligibility and laws go to the Rhode Island Expungement page.

A criminal defense attorney represents a company or person facing criminal charges of all varieties. A defense attorney can speak on his or her client’s behalf, investigate the details of a case and collect evidence or statements, devise defense strategies, negotiate for minimal punishment, and apprise the client of all available options. If you are unsure of what to look for in a criminal defense lawyer, consider his or her experience with your case type, the results of the cases, and overall reputation.

If police take you into custody, a criminal defense lawyer may advise you not to speak to police personnel until you first speak to your attorney. Sometimes, the police will attempt to use your words against you to get a conviction. Wait for your defense lawyer to arrive, who can advise you of how to address the police before you answer any questions.

The arraignment is the first time a criminal defendant stands before a judge to enter a plea. Typically, a person can navigate this on his or her own. However, having an experienced criminal attorney present at the time of your misdemeanor arraignment can prove beneficial for many unforeseen events or questions.

In some instances, the state will assign defendants free criminal lawyers. While these individuals serve their appointed clients, they represent several clients facing many different criminal infractions at once. Hiring an attorney with experience handling your specific type of case may be your best option in getting focused representation and fair treatment.

Your defense attorney can handle a variety of criminal cases. The legal team at the Law Firm of S. Joshua Macktaz, Esq. handles a plethora of cases, including assault and battery, drug and narcotics offenses, Driving Under the Influence or Driving While Intoxicated, driving with a suspended driver license, white collar crimes, and shoplifting.