John Larochelle

Attorney John Larochelle is a former Rhode Island State Prosecutor who has represented clients in complex and highly sensitive litigation matters in Rhode Island Family Court and in District, Superior, Supreme and Federal Courts in Rhode Island and Massachusetts.

In Family court, Attorney Larochelle has litigated many types of cases, including complex divorces, contentious child custody matters, Grandparents Rights, and parenting time disputes. Attorney Larochelle is certified by the Rhode Island Family Court as a Guardian Ad Litem. In 2022, Attorney Larochelle received a Certification in Child and Family Forensic Issues from William James College Center of Excellence for Children, Families, and the Law.

Attorney Larochelle applies his extensive criminal law knowledge and experience as a Rhode Island State Prosecutor and years of criminal defense practice to representing clients in all criminal matters - from serious felonies such as murder, sex crimes, and distribution of controlled substances – to misdemeanor cases such as domestic assaults and traffic-related offenses. He has litigated over one hundred DUI cases.

Attorney Larochelle represents clients in state and federal courts in Rhode Island and Massachusetts. He is also admitted to practice before the Supreme Court of the United States of America. In his most recent case before the United States Court of Appeals for the First Circuit, he prevailed in a complex litigation appeal.

Attorney Larochelle has written and argued well-known cases before the Rhode Island Supreme Court, including prevailing against then-Attorney General (now U.S. Senator) Sheldon Whitehouse in the seminal case of Diane S. Cronan ex rel. State v. John J. Cronan 774 A.2d 866. Attorney Larochelle has also written and argued often-cited cases such as State v. Paull and State v. Chalk.

Call 401-421-4407 to discuss your legal matter and to get Attorney Larochelle working for you today.

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  I litigate Restraining Orders. I enjoy prosecuting Restraining Orders on behalf of the plaintiff and successfully defending Restraining Orders on behalf of the defendant.

Massachusetts

Massachusetts Board of Bar Overseers

ID Number: 645649

Since 2000

Rhode Island

Rhode Island Bar Association

ID Number: 5237

Since 1994

1st Circuit

Since 2003

U.S. District Court, District of Massachusetts

U.S. District Court, District of Rhode Island

U.S. Supreme Court

Since 2003

Attorney

Larochelle Law

1997 - Current

State Prosecutor - Special Assistant Attorney General

Rhode Island Department of the Attorney General

1994 - 1997

Suffolk University Law School

J.D. (1994) | Law

Honors: cum laude

University of Rhode Island

B.S. (1991) | Finance

Honors: High Honors

University of Rhode Island

B.A. (1991) | Economics

Honors: High Honors

AV Preeminent Peer Rating

Martindale-Hubbell

2023

Client Champion - PLATINUM

Martindale-Hubbell

2023

10.0 Superb Rating

Avvo

2023

Client's Choice Award

Avvo

2023

2019-2021

Best DUI Lawyers in Providence

Expertise.com

2023

American Inns of Court

Member

Current

Association of Family and Conciliation Courts

Member

Current

Rhode Island Association of Criminal Defense Lawyers

Member

Current

Rhode Island Bar Association

Member

1997 - Current

Activities: Family Court Bench Bar Committee; Technology in the Practice Committee & E-Filing Working Group

Clearing the Record: How to Seal Criminal Records and Expunge Criminal Convictions in Rhode Island

Rhode Island Bar Journal

2019

A Trustees Handbook

Suffolk University Law School Center for Advanced Legal Studies

1994

Evidence in Family Law, Digital and Social Media Evidence Seminar Presentation

2023

Recent Expungement Law Updates, Rhode Island Bar Association

2022

Clearing the Record: Expungements and Sealings, Rhode Island Bar Association

2020

Thriving in the Competitive Environments of Poker and Law, Rhode Island Quarterly Meeting

2013

Certificate in Child and Family Forensic Issues

Center of Excellence for Children, Families and the Law, William James College

2022

Guardian Ad Litem

Rhode Island Family Court

2018

Q. How can I restore my gun rights in Rhode Island after a felony conviction?

April 15, 2025

A: The answer to your question is complicated and uncertain.

In Rhode Island, whether a resident with an expunged felony conviction can legally possess a firearm depends on both state and federal law, as well as the specifics of the expungement.

Rhode Island State Law

• Expungement Effect: Under Rhode Island General Laws (RIGL) § 12-1.3-3(c), once a felony conviction is expunged, the record is sealed, and the person is generally restored certain civil rights. The statute states that an expunged record "shall not disqualify a person, in any application for employment or otherwise, except as provided by law." This implies that, for state purposes, an expunged conviction may not automatically prohibit firearm possession, provided no other disqualifying factors exist.

• Firearm Restrictions: Rhode Island law prohibits certain individuals from possessing firearms, including those convicted of a "crime of violence" (RIGL § 11-47-5). Crimes of violence include offenses like murder, robbery, and specific felony assaults, but not necessarily every felony (e.g., non-violent felonies like larceny may not qualify). If the expunged felony was not a crime of violence, and the expungement restores your rights, you may be eligible to possess a firearm under state law, assuming you meet other requirements (e.g., background checks, permits).

• Restoration of Rights: Rhode Island’s expungement law does not explicitly address firearm rights restoration, unlike some states that clearly restore all civil rights (e.g., voting, jury service, and firearm possession). However, since expungement treats the conviction as if it did not occur for most purposes, it’s reasonable to infer that state-level prohibitions tied to the conviction may be lifted, absent specific statutory language to the contrary.

Federal Law

• Federal Prohibition: Under federal law (18 U.S.C. § 922(g)(1)), it is illegal for anyone "who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year" (i.e., a felony) to possess a firearm. This prohibition applies regardless of expungement unless the conviction is formally set aside, pardoned, or has civil rights fully restored in a way that includes firearm rights.

• Expungement and Federal Law: Federal law recognizes certain expungements as potentially lifting the firearm prohibition, but only if the expungement explicitly restores firearm rights or if the state’s expungement process is deemed to fully restore civil rights (e.g., voting, holding office, jury service). Expunged convictions likely still count as convictions under federal law unless the state takes affirmative action to restore civil rights (e.g. firearm rights). Rhode Island’s expungement statute does not explicitly mention restoring firearm rights, which at a minimum creates ambiguity, but likely will mean that your conviction will prohibit you from owning a firearm under federal law.

• Under federal law, the expunged felony may still disqualify you from firearm possession unless you can prove that your firearm rights were explicitly restored. Rhode Island’s expungement process does not automatically include this restoration, so you’d likely face a federal prohibition without further action (e.g., a pardon).

Background Checks: When purchasing a firearm, the National Instant Criminal Background Check System (NICS) may flag an expunged conviction, depending on how the records were sealed. Even if Rhode Island considers the record expunged, federal law enforcement may access sealed records and enforce the prohibition.

A Rhode Island resident with an expunged felony may be eligible to possess a firearm under RI state law if the felony was not a crime of violence and no other disqualifiers apply. However, federal law still prohibits firearm possession because Rhode Island’s expungement does not explicitly restore firearm rights. ... Read More

Q. Divorce and entitlement to book profits after marriage in RI.

April 1, 2025

A: Rhode Island is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally upon divorce. Under § 15-5-16.1(a), the Family Court assigns property based on factors such as:

• Length of the marriage (33 years here, a long-term marriage).

• Contributions of each spouse (financial and non-financial).

• Conduct during the marriage.

• Each party’s earning capacity, health, and needs.

Marital Property Definition: Property acquired during the marriage is presumed marital unless proven separate (e.g., via inheritance or pre-marriage ownership). Intellectual property, like your books, falls under this framework. Your books, as intellectual property (copyrights), are assets with current value (albeit low profits now) and potential future earnings. Rhode Island courts treat copyrights created during marriage as marital property subject to division

The books were written and published about six years ago, fully within the marriage. Timing alone makes them marital assets, even if you alone authored them. You state there were “no joint financial contributions,” implying you used your own funds or no significant funds (e.g., KDP has minimal upfront costs). Rhode Island law doesn’t require joint funding for property to be marital—either party’s effort during the marriage counts as a marital contribution.

Post-divorce earnings from pre-divorce works can still be marital if tied to the marital asset (the copyrights). Family Court may divide future royalties based on their marital origin. Consider hiring an expert to appraise the books’ worth — low current earnings could minimize his payout. You may also wish to consider keeping the books (and future profits) in exchange for him taking other marital property that is of similarly low present value.

Memorialize every detail of your agreement in a written Marital Settlement Agreement that covers all of your assets, including your books. ... Read More

Q. If I haven’t been formally charged I believe I am innocent and Can prove it can I file for a review and how

February 23, 2022

A: Good afternoon,

Yes, you may request a review of the evidence. I strongly recommend against you submitting anything or communicating directly with any police agency. Your best course of action is to hire an attorney who is experienced in criminal defense.

On two recent occasions, I was able to deliver to the police agency who was considering charging my client enough evidence in the client’s favor to stop the police from bringing charges. It is a delicate process that must give great weight to not exposing the client to greater culpability.

Simply giving your side of the story to the police is almost certainly not going to prevent them from charging you. In fact, in nearly every situation, giving the police more facts does more harm than good. In some situations, the police will be able to charge you directly because of the new information they learn from you.

If the charges are for a capital offense, a grand jury will have to weigh the facts and decide whether levying criminal charges is fair. Otherwise, it will be up to the investigating police agency or the prosecuting agency (e.g., the Office of the Attorney General) to bring charges. The charging entity will consider any evidence presented to them.

Do not go it alone. Make the investment in getting excellent legal representation before communicating with any law enforcement agency.

Best of luck to you. ... Read More

United States v. Ackerly

US Court of Appeals for the First Circuit

State v. Querido

Rhode Island Supreme Court