Probation Violations Attorney Rhode Island
Accused of Violating Probation in Providence, RI?
The criminal courts in Rhode Island are divided between the district court and the superior court. District Court has jurisdiction over misdemeanors, while the superior court has jurisdiction over felonies. Each court has its own set of rules, but many of these rules overlap. For example, the laws regarding violations in Rhode Island are found in both the District Court Rules of Criminal Procedure and the Superior Court Rules of Criminal Procedure.
Why Choose The Law Office of Thomas C. Thomasian, Esq.
- Over a decade of legal experience
- Personalized defense strategies
- A track record of success
- Nationally recognized for client satisfaction
- 24/7 accessibility
- Trusted & highly recommended counsel
If you're facing jail because of a probation violation in RI, do not wait to schedule a free consultation with our defense attorney at The Law Office of Thomas C. Thomasian, Esq.
Client Testimonials
Your Success is Our Success
-
"Tom was great!"
Tom was great, he made sure I knew what to expect at all times. He was always straight foward and continued to reassure me thoughtout the court process, he made a very stressful situation as smooth as possible! Would 150% recommend him to anyone in need of a great lawyer!- Britney -
"Utmost professionalism and results."
Tom’s work on my behalf was invaluable and I am very grateful for his help and services. When I first met with Tom during our consultation, he was extremely informative, professional and reassuring. He also proved to be prescient, as the process of my situation unfolded exactly as he had told me it would. Tom was easily accessible and available for follow up and/or any questions that arose. He was able to secure great results to resolve my situation. In short, Tom was excellent! I’m lucky and grateful for the services and results!- Edward -
"Easily one of the best lawyers to work with!"
Tom was exceptional to work with, he exceeded all my expectations. He was always on time and returned my calls or messages fast! He was highly knowledgeable about the law and all the dealings and procedures of my case and all the other questions that I had for him. I highly recommend using Tom for all your legal needs. I hope to never have any legal issues again but in the case I do, I know I have a lawyer I can trust and I wouldn't go to anyone else!- Kevin -
"The BEST Attorney!!!"
I had an incident happen to me & I found Tom just by accident....He was there for me from start to finish....Can't say enough about this guy...if you are EVER in a legal situation....You will come out a better person. I have !!- Patti
Rhode Island Rules of Criminal Procedure
Rhode Island Rule of Criminal Procedure 32(f) and 46(g) govern the law regarding violations in both district and superior court. If you or a family member are facing an allegation that probation or bail or both have been violated, you should contact a Rhode Island criminal defense attorney right away. Our attorneys have successfully handled both district court and superior court violation matters throughout Rhode Island and can do the same for you.
Rhode Island Rule of Criminal Procedure 32(f) states that:
- The court shall not revoke probation or revoke a suspension of sentence or the filing of a complaint until a hearing has been held.
- At the hearing, the defendant shall be afforded the opportunity to be present and apprised of the grounds upon which such action is proposed.
- The defendant may be admitted to bail pending such hearing.
- Prior to the hearing, the state shall provide the defendant, as well as the court, with a written statement that specifies the grounds upon which action is sought under this subdivision.
Rhode Island Rule of Criminal Procedure 46(g) states that if there is a breach of condition of a recognizance, the court - upon motion of the attorney for the state - shall declare a forfeiture of the bail.
The defendant is entitled to a hearing before a judge who must make a determination as to whether or not the conditions of probation or bail have been violated. If a violation is determined, prison time could result.
Get The Info You Need
-
Understanding Your ChargesLearn more about the severity of your charge as it relates to the Rhode Island legal system.
-
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.
-
Defending Your Rights 24/7Criminal accusations can happen at anytime. Our team is available day or night to help defend your rights.
Were you in violation of your probation?
When a person is placed on a sentence, i.e. filing, deferred sentence, probation or a suspended sentence, they are expected to keep the peace and act in good behavior. If a person is accused of not keeping the peace and/or not maintaining good behavior, the state, through the Attorney General's Office, will file a violation notice.
If a person is accused of a violation, they will be brought before a district or superior court judge. At this time, a representative from the Attorney General's Office will present facts to the judge. If the judge rules the facts to be supportive of a violation, the judge may hold the accused without bail for a period of up to 10 days before the person is entitled to a hearing. On the 10th day, a hearing must commence or bail must be set.
24/7 Defense & Free Initial Consultation
Not every criminal defense lawyer knows how to defend against allegations of probation violations. Our attorneys have successfully conducted numerous probation and bail violation hearings in both district and superior courts. If a person is on bail and they are accused of not keeping the peace and being of good behavior, they will most likely need a hearing to prove otherwise.
Probation and bail violation hearings are some of the more difficult legal proceedings because the standard of guilt is extremely low. In Rhode Island, in order to be found as a violator, a judge must be convinced by a preponderance of the evidence that the defendant did not keep the peace and be of good behavior. If this standard is satisfied, a judge can sentence the defendant to all, some, or none of the time left of the individual's sentence.
For example, if a person is on probation for a period of 5 years and is found to be in violation of their probation sentence, the judge can sentence him or her to any portion of the 5-year sentence. In contrast, if a person is on bail for an offense and they are found to be in violation of bail, the maximum amount of time a judge can sentence them is 90 days.
Rhode Island Criminal Defense Lawyer
If you’ve been accused of a probation violation in Rhode Island or Massachusetts, contact the Rhode Island probation violation lawyer. Don’t take chances with your future freedom.
Contact The Law Office of Thomas C. Thomasian, Esq. to schedule a FREE consultation with a RI probation violation lawyer.
