If one is arrested for a criminal misdemeanor in Rhode Island (RI) there are several potential scenarios. The authorities could hold the accused and bring him to Courtroom for an arraignment in District Courtroom in the morning. The police also could contact a justice of the peace / Bail Commissioner who could arraign the accused at the police station and discharge the person. The bail commissioner could also set bail in order for the individual to be released.
It is generally not advisable for a person to provide a declaration to the police with out a Rhode Island (RI) Criminal Lawyer / attorney. However, there are exceptions to every guideline!
The accused who's arraigned by the justice of the peace must still attend a more formal arraignment in District Courtroom after he / she is released from police custody.
The formal arraignment is the court hearing in which a criminal defendant either pleads not liable, or nolo contendere to the criminal charges. Nolo contendere means the person is usually admitting to the costs but isn't contesting them. A defendant shouldn't plead guilty. A nolo contendere plea is not a conviction unless there is a suspended sentence, fine or jail time. The scope of the article does not pertain to expungement legislation or an in depth explanation of the different pleas and sentences that can be imposed.
It is usually an extremely poor idea for a person to plea nolo contendere without an lawyer at the arraignment. However, there are exceptions to this rule especially if the person will be held as a probation or bail violator. It is normally very strongly recommended that the defendant says not guilty and retains a Rhode Island criminal attorney. If the accused cannot afford an exclusive criminal lawyer they should go to the Rhode Island Public Defender's office.
If the accused pleads nolo at the arraignment they will be sentenced to a filing, probation, suspended sentence or jail period. Generally, the accused will continue to work out a plea agreement with the authorities officer prior to pleading nolo contendere.
At the arraignment in District Court, the person will typically be released on bail after the person pleads not guilty. An accused should hire a Rhode Island criminal attorney to represent him/ her at an arraignment. For minor misdemeanor offenses, bail is generally personal recognizance which means the person does not have to come up with any actual funds. A defendant released on personal recognizance, has to promise that they can attend court for future hearings and trial. Personal recognizance is designated as some funds. The accused will not actually pay hardly any money! However, If the person fails to attend court later on the accused will owe that amount of cash to the Condition of Rhode Island.
If the Rhode Island (RI ) District Court judge orders cash bail then your accused must pay out that amount in cash to be released. If it's cash bail than the defendant cannot post property.
If the individual is do it again criminal offender, the allegations are particularly bad, the person includes a history of not attending court or for other factors, then the court could set bail with surety. This means that the person just has to pay 10 percent of that amount or post real estate valued at full amount. If an individual can not develop ten percent they can hire a bail bondsman who will post that quantity for a charge. a Bail bondsman's fee is normally reasonable. If the person attends all Courtroom dates then they will obtain that cash back by the end of the case.
If the person arrested was out on bail for a previous offense, is on probation, is amid a one year filing, suspended sentence or deferred sentence compared to the judge can hold the person as a"violator" pending a hearing. The judge can refuse to set bail and hold a person as a violator at the aci for ten business times which could depend on 14 days.
You will see a hearing 10 times later in which the person will be accused of violating probation or bail and in addition stand trial in the brand new charges. The scope of the article will not include an in depth evaluation of bail / filing / probation violation hearings.
It is important that this criminal law article be used for informational purposes just and not as an alternative for seeking legal advice from a Rhode Island lawyer.
A misdemeanor is any criminal offense punishable by up to 1 year in Jail. Standard misdemeanors are: driving while impaired of alcohol / drunk driving (dui / dwi), shoplifting, domestic assault, Second (2nd) offense refusal to take the breathalyzer, generating on a suspended license, writing poor checks, domestic vandalism, basic assault and electric battery, domestic disorderly, reckless driving, disorderly conduct, etc. There are different rules that connect with generating with suspended licenses and this article does not fully address those provisions.
Legal See per RI Rules of Professional Responsibility:
The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but will not license or criminal lawyer cost certify any lawyer/ attorney as an expert or specialist in any field of practice.
David Slepkow is usually a Rhode Island lawyer concentrating in criminal laws, DUI / DWI, breathalyzer refusals, restraining orders/ no get in touch with orders, divorce, family legislation, infant custody / support / visitation and personal injury.