Criminal Law – Bail And Arraignments

If an individual is arrested for a criminal misdemeanor in Rhode
Island (RI) there are plenty of potential scenarios. The police may hold
the accused and convey him to Court for an arraignment in District
Court within the morning. The police conjointly might decision a justice
of the peace / Bail Commissioner who might arraign the accused at the
police station and release the person. The bail commissioner may
conjointly set bail so as for the person to be released.

It’s usually not advisable for someone to relinquish a
press release to the police while not a Rhode Island (RI) Criminal
Lawyer / attorney. However, there are exceptions to every rule!

The
accused who is arraigned by the justice of the peace must still attend a
a lot of formal arraignment in District Court after he / she is
released from police custody.

The formal arraignment is the court
hearing where a criminal defendant either pleads not guilty, or nolo
contendere to the criminal charges. Nolo contendere suggests that the
person is admitting to the costs however isn’t contesting them. A
defendant should never plead guilty. A nolo contendere plea isn’t a
conviction unless there’s a suspended sentence, fine or jail time. The
scope of this article will not pertain to expungement law or an in depth
clarification of the various pleas and sentences that can be imposed.

It’s
usually a terribly dangerous idea for an individual to plea nolo
contendere without an attorney at the arraignment. However, there are
exceptions to the current rule especially if the person will be held as a
probation or bail violator. It’s typically very strongly advisable that
the defendant says not guilty and retains a Rhode Island criminal
lawyer. If the accused cannot afford a personal criminal attorney they
ought to attend the Rhode Island Public Defender’s office.

If the
accused pleads nolo at the arraignment they can be sentenced to a
filing, probation , suspended sentence or jail time. Sometimes, the
accused will work out a plea agreement with the police officer prior to
pleading nolo contendere.

At the arraignment in District Court,
the person can typically be released on bail after the person pleads not
guilty. An accused should rent a Rhode Island criminal attorney to
represent him/ her at an arraignment. For minor misdemeanor offenses,
bail is typically personal recognizance that means that the person will
not have to come up with any actual funds. A defendant released on
personal recognizance, has to vow that they can attend court for future
hearings and / or trial. Personal recognizance is designated as an
quantity of funds. The accused will not really pay any money! But, If
the person fails to attend court in the long run the accused can owe
that quantity of cash to the State of Rhode Island.

If the Rhode
Island (RI ) District Court decide orders cash bail then the accused
should pay that quantity in money to be released. If it’s money bail
than the defendant cannot post property.

If
the person is repeat criminal offender, the allegations are notably
bad, the person incorporates a history of not attending court or for
different reasons, then the court may set bail with surety. This means
that the person only has to pay 10 percent of that quantity or post
property valued at full amount. If a person can not return up with ten %
then they will rent a bail bondsman who can post that quantity for a
fee. a Bail bondsman’s fee is usually reasonable. If the person attends
all Court dates then they will get that money back at the top of the
case.

If the person arrested was out on bail for a previous
offense, is on probation, is in the midst of a one year filing,
suspended sentence or deferred sentence than the decide can hold the
person as a”violator” pending a hearing. The judge will refuse to set
bail and hold someone as a violator at the aci for ten business days
which might be up to 14 days.

There will be a hearing ten days
later in which the person can be accused of violating probation or bail
and conjointly stand trial on the new charges. The scope of this article
does not embrace an exhaustive analysis of bail / filing / probation
violation hearings.

It’s necessary that this criminal law article
be used for informational functions solely and not as an alternative to
seeking legal advice from a Rhode Island lawyer.

A misdemeanor
is any offense punishable by up to one year in Jail. Typical
misdemeanors are: driving below the influence of alcohol / drunk driving
(dui / dwi), shoplifting, domestic assault, Second (2nd) offense
refusal to require the breathalyzer, driving on a suspended license,
writing bad checks, domestic vandalism, easy assault and battery,
domestic disorderly, reckless driving, disorderly conduct, etc. There
are different rules that apply to driving with suspended licenses and
this article will not totally address those provisions.

Legal Notice per RI Rules of Professional Responsibility:

The
Rhode Island Supreme Court licenses all lawyers and attorneys in the
final practice of law, but does not license or certify any lawyer/
attorney as an knowledgeable or specialist in any field of practice.