Criminal Case Process in Rhode Island

Steps Following an Arrest in Rhode Island: What to Expect

If you or someone you care about is facing criminal charges in RI, trying to make sense of the legal process can feel overwhelming. The criminal case process in Rhode Island is detailed and complicated—each stage has its own specific rules, deadlines, and possible outcomes.

Without a clear understanding of these steps, preparing to defend your freedom can be extremely challenging and stressful.

That’s why it’s so important to understand the key stages of a Rhode Island criminal case, from the investigation all the way to sentencing. Keep reading for a step-by-step breakdown and for answers to your most pressing questions.

For more details see Criminal Case Timeline

1. Investigation and Arrest

The criminal case process in Rhode Island usually starts with an investigation by law enforcement. This can happen for different reasons—a report from a citizen, a routine traffic stop, or a new lead in an ongoing investigation. No matter how it begins, if the police gather enough evidence against you, their next step is to arrest you.

Once you’re arrested, you’ll go through the booking process. This involves being photographed, fingerprinted, and then taken into custody.

Can you be arrested without a warrant in Rhode Island?

Yes, in many cases, police in Rhode Island can arrest you without a warrant. A warrant is only needed if they have to enter a home or private property. But if they see a crime happen or have probable cause, they can arrest you on the spot.

2. Arraignment

After an arrest, your next step is the arraignment—your first appearance in court. The judge will formally read off the charges against you, as well as the supporting facts like the manner of the alleged crime. You’ll then enter a plea: guilty, not guilty, or no contest.

Next, you’ll share your plan for legal counsel, specifically whether you’ve hired legal counsel or need a public defender.

In Rhode Island, this is also when your bail is typically set. You may be released on your own recognizance, asked to pay a set amount for your bail, or detained until your trial.

If you can pay the bail, you’ll be released from custody while you wait for your trial. During the arraignment, the court will also check if you’ve already hired a lawyer or if you need a public defender.

Can you plead guilty at your arraignment in Rhode Island?

Yes, you can plead guilty at this point, but as experienced RI criminal defense attorneys, we rarely advise doing so. Pleading guilty means you’re giving up your right to a trial and moving directly to sentencing. You won’t have the chance to fight for a dismissal of your charges if you go this route.

3. Pre-Trial Conference: Discovery and Motions

Following arraignment, your case enters the pre-trial phase, where your defense lawyer and the prosecution prepare their arguments. One of the most critical elements of this phase is discovery, the process by which both parties exchange evidence and information. This can include police reports, witness statements, video footage, and other evidence.

It’s not just essential, but also legally required for both sides to disclose this information. It’s the only way to ensure a fair trial.

At the pre-trial conference in RI, your defense attorney and the prosecutor discuss the case and possible resolutions. They may also file pre-trial motions, such as motions to dismiss the case, suppress evidence, or compel the production of certain records.

These motions are a powerful tool for protecting your rights and fighting for your freedom. For example, your lawyer will file a motion to have any illegally obtained evidence excluded from your trial—which can make all the difference in your case’s outcome.

How does a motion to dismiss work in Rhode Island?

A motion to dismiss asks the court to end your case before it proceeds to trial, typically because of insufficient evidence or legal errors in the prosecution’s case. If granted, the charges against you will be dropped, and you can move on with your life.

4. Resolution: Dismissal, Plea Agreement, or Trial

There are three primary ways a criminal case in Rhode Island can be resolved:

• Dismissal – If the prosecutor lacks sufficient evidence or if pre-trial motions lead to excluding critical evidence, your charges may be dismissed. This is the most favorable outcome for you.
• Plea Agreement – This is when you agree to plead guilty to a lesser charge or in exchange for a specific sentence, usually negotiated by your attorney. Plea bargains allow you to avoid the uncertainties of trial, which often means a reduced sentence.
• Trial – If your case isn’t dismissed or resolved by a plea agreement, it proceeds to trial. At trial, the prosecution must prove your guilt beyond a reasonable doubt, while your lawyer will challenge the evidence and present your defense.

Can a criminal case in Rhode Island be dismissed before trial?

Yes, a criminal case in Rhode Island can be dismissed before trial if the prosecution lacks evidence, fails to meet procedural requirements, or the court grants a motion to dismiss. But this won’t happen automatically—you’ll need an aggressive, strategic RI criminal defense lawyer to pursue case dismissal.

5. Trial

At trial, both sides present their arguments, call witnesses, and submit evidence. The prosecution carries the burden of proving your guilt beyond a reasonable doubt, rather than your attorney being tasked with proving your innocence. Your attorney will challenge the prosecution’s case, cross-examine witnesses, and present any evidence supporting your innocence.

Trials in Rhode Island can be decided by either a judge or a jury, depending on the circumstances and your choice.

If you opt for a jury trial, the jury must reach a unanimous decision. If they find you not guilty, you’ll be acquitted, and your case is closed. But if you’re found guilty, your case moves to sentencing.

What kind of evidence can be presented at trial in Rhode Island?

In Rhode Island, both direct evidence and circumstantial evidence (like eyewitness testimony or video footage and subsequently evidence that suggests a fact but doesn’t directly prove it, like fingerprints or DNA) can be presented.

The evidence must be legally obtained, relevant to your case, and not overly prejudicial, meaning it shouldn’t unfairly sway the jury or judge beyond its factual relevance.

6. Sentencing

If you’re found guilty or plead guilty, the court proceeds to sentencing. During sentencing, the judge considers a variety of factors, including the nature of the offense, your criminal history, victim impact statements, and any plea agreements made during the case.

Sentences can include jail time, fines, probation, or a combination of these punishments.

Sentencing in Rhode Island is designed not just to punish you, but also to deter future crimes and provide restitution for any victims.

What are sentencing guidelines in Rhode Island?

Sentencing guidelines in Rhode Island provide recommended sentencing ranges for criminal offenses, though they aren’t mandatory. Judges consider these guidelines alongside the other factors mentioned above.

While judges have discretion in determining a sentence, these guidelines help create consistency and fairness across similar cases.

Hiring an Attorney To Defend Your Case

As you now know, the RI criminal case process can unfold in several different ways. It all comes down to the details of your charges. When you understand the stages and your options during each step, you’re able to make well-informed decisions.

Beyond this knowledge, hiring an experienced criminal defense attorney like John L. Calcagni, III can make a critical difference. With years of experience, and as a former federal prosecutor, he doesn’t just know how to protect your rights—he’ll also work tirelessly towards the best possible outcome for your case.

If you or a loved one is facing criminal charges, don’t delay. Contact the Law Office of John L. Calcagni, III today at (401) 351-5100 for your free consultation, and let us help you fight for your future.