What is a misdemeanor?
A misdemeanor is any offense punishable by up to one year in Jail. Typical misdemeanors are: driving under the influence of alcohol / drunk driving (dui / dwi), shoplifting, domestic assault, Second (2nd) offense refusal to take the breathalyzer, driving on a suspended license, writing bad checks, domestic vandalism, simple assault and battery, domestic disorderly, reckless driving, disorderly conduct, etc. There are different rules that apply to driving with suspended licenses and this article does not fully address those provisions.
It is important that this criminal law article be used for informational purposes only and not as a substitute for seeking legal advice from a Rhode Island lawyer. It is a very bad idea for a person to represent themselves (pro-se) in a criminal case. Please note that this article only applies to Rhode Island misdemeanor offenses and does not apply to any other states!
After an arrest will the accused be released from police custody?
If a person is arrested for a criminal misdemeanor in Rhode Island (RI) there are several potential scenarios. The police could hold the accused and bring him to Court for an arraignment in District Court in the morning. The police also could call a justice of the peace / Bail Commissioner who could arraign the accused at the police station and release the person. The bail commissioner could also set bail in order for the person to be released.
It is usually not advisable for a person to give a statement to the police without 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 more formal arraignment in District Court after he / she is released from police custody.
BAIL AND ARRAIGNMENT
What is a criminal arraignment? Will I be released on bail? Should I take a plea at an arrainment?
The formal arraignment is the court hearing where a criminal defendant either pleads not guilty, or nolo contendere to the criminal charges. These pleas are described in detail below.
Should I take a plea deal at an arraignment without a lawyer?
NO.! It is usually a very bad idea for a person to plea nolo contendere without an attorney 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 usually very strongly advisable that the defendant says not guilty and retains a Rhode Island criminal lawyer. If the accused cannot afford a private criminal attorney they should go to the Rhode Island Public Defender's office.
What is a criminal arraignment? Will I be released on bail? Should I take a plea at an arraignment?
If the accused pleads nolo at the arraignment they will be sentenced to a filing, probation , suspended sentence or jail time. Usually, the accused will work out a plea agreement with the police officer prior to pleading nolo contendere.
What is personal recognizance?
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 usually 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 will attend court for future hearings and / or trial. Personal recognizance is designated as an amount of funds. The accused does not actually pay any money! However, If the person fails to attend court in the future the accused will owe that amount of money to the St