Rhode Island Criminal Procedures
1) What Happens When I go to Court on
a Criminal Charge in RI?
The first court appearance after an arrest or
the issuance of a summons is called an
arraignment. In some cases, you will be given a
summons. The summons will indicate where and
when you must appear. In other cases, you will
not be given a summons, but will still be
required to appear at court on the next week-day
morning. Other times, the police will hold you
in custody overnight or until the next weekday.
Be sure to show up to court on time for the
arraignment. Most courts, if not all, begin
calling the list of names at 9:00am. If your
name is called and you are not present then the
court may issue a warrant for your arrest. The
arraignment takes place in open court, where
everyone else can see and hear the procedure.
When you arrive, take a seat in the courtroom
and wait for your name to be called. When your
name is called, stand up and approach the area
where defendants stand. The charge will be read
and the judge will ask you how you plead. You
have three options; guilty,
not guilty, or nolo
contendere. You should plead not
guilty. Unless you have an attorney with you who
tells you to enter a different plea, you should
say “not guilty.” Even if you are feeling guilty
and you suspect that your case is weak, you
should still plead “not guilty.” Pleading not
guilty allows you and your attorney to
investigate the case and determine the best
means of obtaining the most favorable outcome
possible. In addition, a “not guilty” plea may
be changed to a “guilty” plea. Whereas, in most
situations, a “guilty” plea may not be changed
to one of “not guilty.”
After the plea of not guilty is entered, the
court determines your bail status and whether
you qualify for appointment of counsel.
1)
Appointment of Counsel means that
if you cannot afford to hire your own attorney,
the court will appoint one for you. If you think
you are unable to pay for your own attorney,
(meaning you are “Indigent”) then you will meet
with someone from the Public Defender’s Office.
That person will make the determination if you
are indigent, and report back to the court. If
you are determined to be indigent then the judge
will appoint a public defender to represent you.
If you are not, then the court will be notified
and you will be required to hire your own
attorney or represent yourself.
2)
Setting Bail is the means by which
the court assures that you will return to court
on your next scheduled date. In some cases, the
judge will release defendants on the promise
that the person will appear next time. This is
called Personal Recognizance. Personal
recognizance is set in a pre-determined amount
of money (such as $250); however, the defendant
is not required to hand over any money. The
money will only be paid if the defendant fails
to appear at the next court date.
In determining whether to set bail the judge
looks at a defendant’s criminal history,
employment, family background and record of
failed appearances. If the judge determines that
there is a good chance that the defendant will
not appear at the next date on his/her own, then
the judge may request a Surety bail or
Cash bail.
Surety bail means that the defendant
gives the court title to property, the value of
which is equal to, or greater than, the monetary
amount set by the judge. For example, if the
judge sets a surety bail at $5,000, the
defendant can give the court title to a vehicle,
a house, or some other piece of property. Surety
bail is essentially collateral; collateral to
ensure the defendant’s return to court. If a
defendant does not have property then the
defendant may pay 10% of the amount in cash. If
the defendant does not have that amount then
he/she may hire a Bail Bondsman to post bail.
Bail bondsmen, however, charge a fee for posting
bail – usually 5%.
Cash bail means that the defendant must
pay the court the full amount of bail.
After bail has been set and counsel has been appointed, if any, you are free to
leave.
2) What is the Difference between a
Felony and Misdemeanor?
In the State of Rhode Island the difference
between a Felony and a Misdemeanor is one of
punishment.
Misdemeanor – a
misdemeanor is an offense, the maximum
punishment of which is one-year in jail and a
$1,000 fine. In other words, if the crime with
which you are charged carries a maximum of a
1-year jail sentence, then it is a misdemeanor.
Simple Assault and DWI are examples of
misdemeanors.
Felony – A felony is any
offense punishable by a fine of more than $1,000
fine or imprisonment for more than one year. In
other words, if the crime with which you are
charged carries a 10-year sentence, then it is a
felony. Murder and Arson are examples of
felonies.
3)
Explanations of other Miscellaneous Legal Terms
used in Rhode Island Criminal Case
Appeal – anyone convicted in the District
Court or Superior Court has the right to appeal
to the Rhode Island Supreme Court (the highest
court in the state).
Arraignment – the first court appearance
of the defendant in which the defendant enters a
plea, bail is set, and it is determined if the
defendant is indigent.
Capital Offense – a crime, the penalty of
which is life imprisonment
Cross-Examination – under the Sixth
Amendment of the Constitution of the United
States every defendant has a “Right to Confront”
the evidence being presented against him/her.
Cross-examination is a means of exercising that
right. Every witness that testifies for the
State, is subject to be cross-examined by the
defendant, and vice versa. Cross-examination is
the questioning of a witness that has been
called by the other side.
Direct-Examination – the questioning of a
witness called by that side. For example, the
questioning of the arresting police officer by
the state is direct examination.
Fine – a fine is a monetary penalty that
requires the defendant to pay a specific amount
of money to the court.
Grand Jury – a grand jury is a group of
people, summonsed by the state, to convene and
hear evidence. The grand jury hears evidence
presented by the prosecution and determines
whether enough was presented to charge a
defendant with a certain crime. In Rhode Island
only a grand jury can charge someone with a
capital offense. A grand jury operates in
secrecy and the proceedings are closed to the
public. If the grand jury finds enough evidence
that the defendant committed the crime, then it
will issue an Indictment listing the charges. If
the grand jury believes the defendant probably
did not commit the crime, then it will issue a
No True Bill and, in most situations, the case
will be over. Witnesses Testify before the Grand
Jury, but a defendant has no right to be
present.
Indictment – the list of certain charges
issued against a defendant after a grand jury
has found enough evidence to charge that
defendant with that crime.
Plea Bargain – a plea bargain is a
disposition of a complaint of indictment without
a trial, in which the defendant pleads guilty or
nolo contendere in return for an already
agreed-upon sentence. The judge, however, has
discretion regarding the plea. In other words,
he or she does not have to accept it.
Probable Cause – the standard used to
determine whether there is enough evidence to
charge someone with a crime.
Probation – a punishment, the means of
which keep the defendant under the supervision
of the state for a certain period of time.
Probation may also have conditions attached to
it, such as drug/alcohol counseling or anger
management.
Trial – the proceeding at which a judge
or a jury hears the evidence and determines
whether a defendant is guilty or not guilty. A
jury that cannot agree on a verdict is called a
hung jury. If this happens then the state has
the option of trying the case again in front of
a different jury. Only in the Superior Court
does a defendant have a right to a jury trial.
There are no jury trials in District Court; only
Bench trials.
Call me today for a free legal consultation
on your criminal case. (401) 662-9006
Sincerely, James Powderly, Attorney at Law
Attorney James Powderly defends people accused
of Drunk Driving (DUI / OUI) and other criminal
charges such as possession of drugs, assault,
criminal traffic offenses, and other charges in
courts across Rhode Island everyday. Call today
for a free, no-obligation, criminal defense
consultation on any RI arrest or charge. (401) 662-9006
James P. Powderly, Esq., A Rhode Island Criminal
Defense Attorney
Powderly Defense Firm
270 Bellevue Avenue, # 341
Newport, RI 02840 |
