Dismissal of Criminal Charges in Rhode Island

A dismissal is the best possible outcome when you’re facing criminal charges in Rhode Island. It means your case ends before it really begins, and you can start moving forward with your life.

But getting charges dismissed isn’t simple – it requires strategic legal work and an understanding of Rhode Island’s criminal justice system.

At the Law Office of John L. Calcagni, III, our team has secured dismissals for clients across Rhode Island. We know exactly what it takes to convince prosecutors or judges to drop charges, and we’re ready to put that knowledge to work for you.

What Does It Mean to Have Criminal Charges Dismissed in Rhode Island?

Having criminal charges dismissed means your case is closed without a conviction or guilty plea. This outcome means you’re no longer subject to prosecution for those charges—at least in the vast majority of cases.

However, not all dismissals are the same. There are two types of case dismissals, and the difference between them can be crucial:

• Dismissed with prejudice – This means the prosecution cannot refile the same charges or pursue further legal action related to the alleged offense. This is the best possible outcome for a defendant because it ensures the case is permanently closed.
• Dismissed without prejudice – In this scenario, charges may be refiled in the future, depending on circumstances such as new evidence or procedural corrections. While refiling is unlikely, it is legally permissible within the statute of limitations.

Because the type of dismissal can significantly impact your future, working with an experienced defense attorney is essential to protect your rights and ensure the best possible resolution. 

What Are the Common Reasons Criminal Charges Are Dismissed in Rhode Island?

Our defense team regularly secures dismissals by leveraging these common reasons:

• Lack of evidence – Sometimes prosecutors file charges before they have enough evidence to prove guilt beyond a reasonable doubt
• Constitutional violations – Violations of your Constitutional rights, such as an unlawful search or seizure, can lead to a dismissal if critical evidence is ruled inadmissible
• Procedural errors – The criminal justice system has strict rules. When they’re not followed, we can push for dismissal
• Witness issues – If key witnesses refuse to cooperate, recant their testimony, or fail to appear in court, the prosecution’s case may fall apart
• Illegal evidence – Evidence obtained through unlawful means, such as coercion or entrapment, can be excluded, which weakens the prosecution’s case
• Diversion programs – For certain offenses, successfully completing a diversion program can result in charges being dismissed

How Does the Dismissal Process Work in Rhode Island Courts?

The process of dismissing criminal charges in Rhode Island involves several key steps:

1. Filing a Motion to Dismiss. Your attorney submits a formal request to the court that explains the legal grounds for dismissal.
2. Prosecutor Analysis. In some cases, the prosecution may choose to drop charges voluntarily if they believe they can’t successfully win a conviction.
3. Judicial Review. A judge evaluates the motion, along with any arguments or evidence presented by both sides, and decides whether to grant the dismissal.
4. Additional Opportunities. Dismissals can occur at various stages, including during arraignment, pre-trial hearings, or even after a trial has begun.
5. Hearings (if required). In some situations, your attorney may need to attend and argue the motion, as well as present supporting evidence or testimony.
6. Judge’s Decision. The judge will listen to both your attorney’s side and the prosecution’s during the hearing before making a decision on your case.

What Happens After Criminal Charges Are Dismissed?

You might think that once your charges are dismissed, everything goes back to normal. The reality is a bit more complex.

Your arrest record still exists, even though the charges weren’t pursued. This means your arrest might show up on background checks.

But you may be eligible for expungement or sealing your record, which removes the arrest from your record entirely, including background checks. Our team can guide you through this process to truly put the case behind you.

Most importantly, you can move forward without the weight of criminal charges hanging over you. No trial, no conviction, no criminal penalties.

Can All Criminal Charges Be Dismissed in Rhode Island?

No, while many types of criminal charges can be dismissed in Rhode Island, not all cases are eligible. The likelihood depends on several factors:

• The nature and severity of your charges (e.g., misdemeanors vs. felonies)
• The strength of the prosecution’s evidence
• Whether any legal or procedural errors occurred
• Your prior criminal record and eligibility for diversion programs

Certain charges, such as violent felonies, will face stricter scrutiny when seeking dismissal. But with the right legal strategy, even these cases can sometimes result in favorable outcomes.

How Can an Attorney Help Get Charges Dismissed?

At the Law Office of John L. Calcagni, III, we bring our entire team’s expertise to every case. Together, we:

• Thoroughly investigate – Our investigators dig deep to find evidence supporting dismissal
• Challenge illegal evidence – We know exactly what makes a search or seizure illegal, and how to get it excluded from your case
• Negotiate with prosecutors – Sometimes we can convince them to dismiss charges before even filing formal motions
• Present compelling arguments – When a judge needs to decide on dismissal, our experienced trial lawyers know how to make your case effectively

Getting charges dismissed isn’t just about filing the right paperwork. It takes a coordinated effort from a team that understands Rhode Island’s criminal justice system inside and out.

Don’t wait and hope the charges will somehow go away on their own. The prosecution is already building their case against you. Call the Law Office of John L. Calcagni, III today at (401) 351-5100 for your free consultation.