What Happens After You're Arrested in RI
Tom's Take on the Arrest, Arraignment, and Trial Process
Tom's Take is intended to act as a roadmap to what you can expect after you have had your initial encounter with the police. The Rhode Island adult criminal justice system is primarily made up of two courts. There is the district court and the superior court. Each court has different functions and is limited by jurisdiction as to what type of criminal case they can hear.
District Court Process for Misdemeanors in RI
Rhode Island district court is where all misdemeanors are heard. The Rhode Island district court has jurisdiction over such crimes as driving under the influence (DUI), disorderly conduct, and assault because these crimes are punishable by up to one year in prison.
Rhode Island has four district courts located in:
- Providence County
- Kent County
- Washington County
- Newport County
What Happens After an Arrest for a Misdemeanor in RI?
STEP 1: INITIAL ARREST AND PROCESSING
Once you are arrested by law enforcement, you will be brought to the police station. Here, you will be processed. When you are processed, a law enforcement officer will collect your demographic information, photographs, and fingerprints. While at the station, you will be afforded the right to contact and consult an attorney.
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Why Does a Case Get Moved to Superior Court?
Rhode Island superior court is where all non-capital felony and capital felony cases are heard. The Rhode Island superior court has jurisdiction over such crimes as drug possession, breaking and entering (B&E), and first-degree robbery because these offenses are punishable by more than one year and up to life in prison.
Rhode Island has four superior courts located in:
- Providence County
- Kent County
- Washington County
- Newport County
You can and should contact a RI criminal lawyer immediately.
Get The Info You Need
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Understanding Your ChargesLearn more about the severity of your charge as it relates to the Rhode Island legal system.
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What To Do After You're ArrestedDepending on your charge, it's important to know what to expect as you move through the legal process.
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Defending Your Rights 24/7Criminal accusations can happen at anytime. Our team is available day or night to help defend your rights.
What Happens If You Have Been Arrested for a Felony in RI?
If, when arrested, you are charged with a felony, you will be brought before a district court judge where you will plea "not guilty" and the judge will set bail. After this, the State of Rhode Island, through the Attorney General's office, will have up to six months to decide whether enough probable cause exists to charge you with a felony in superior court.
While this process is happening, if granted personal recognizance or surety bail, you will remain on bail awaiting a decision. If the Attorney General's office believes there is enough probable cause to charge you with a felony, you will receive notice at the address you last provided to the court.
STEP 1: ARRAIGNMENT
Once the defendant is formally charged by the Attorney general's office, he or she will receive notice in the mail detailing where to appear for arraignment. Included in the notice will be the date and time of the arraignment, as well as which court to appear in. At the arraignment, the defendant can enter a formal plea of "not guilty" and be assigned a pre-trial date.
What Happens After Arraignment for Felony?
STEP 2: PRE-TRIAL CONFERENCE
In superior court, the pre-trial conference is the stage in the proceedings where the defense lawyer meets attorney general assigned to the case and receives what they claim to be the evidence against the defendant. The materials received from the prosecutor are called the information package.
After receiving the information package, a meeting is scheduled between defendant and attorney to review the evidence. Some cases can be resolved quickly while others may take several pre-trials to come to an acceptable resolution. If, after several pre-trials, no resolution can be achieved, the case will go to trial.
STEP 3: TRIAL
A trial in the superior court is where the Attorney General's office will present evidence to a judge or jury. In Rhode Island, a person charged with a non-capital or capital felony can choose to have a trial with either a jury or in front of a judge without a jury.
If there is no jury, the judge will hear the evidence against the defendant and then render a verdict after both sides have rested. If the defendant decides to try the case in front of a jury, when both sides have rested, the jury will render the verdict. After the verdict is delivered, the judge will reassign the matter for sentencing.
STEP 4: SENTENCING
Sentencing in Rhode Island occurs after a trial has concluded. A not-guilty verdict discharges the accused of all conditions of bail. If the defendant is being held at the prison, he or she will be immediately released.
Should a verdict of guilty be given, the defense attorney can argue for release on bail. Should bail be granted, the same conditions as pre-trial bail may be imposed or new conditions added. While a person is pending sentencing, a pre-sentence report will be ordered by the judge and conducted by probation.
A pre-sentence report is a report the judge reviews prior to sentencing to gain insight into the background of the person about to be sentenced. At the time the judge renders sentence, the report will be taken into consideration.
Our firm serves clients throughout Rhode Island including Warwick, Cranston, Westerly, Pawtucket, Coventry, Newport, all of Providence County, Kent County, and Washington County.
