Trial in Criminal Cases in Rhode Island

If you’re facing a criminal charge in Rhode Island, the idea of going to trial can feel overwhelming. You may be wondering how the process works, how long it takes, and what the possible outcomes might be.

The truth is, trials are one of the most high-stakes phases of the criminal justice system—and understanding what to expect can help ease some of that uncertainty.

In this guide, we’ll walk you through the criminal trial process in Rhode Island. From how cases move through the courts, to how juries are selected, to what happens if you’re found guilty, you’ll get a clear picture of how everything works.

Most importantly, you’ll learn how having the right defense attorney can make all the difference in your case.

What Is the Process of a Criminal Trial in Rhode Island?

A criminal trial is the formal process in which the facts of a case are presented in court and a judge or jury decides whether you’re guilty or not guilty. Not all cases go to trial—many are resolved through dismissal or plea deals.

But when a trial is necessary, here’s a general outline of what to expect:

1. Arraignment
2. Pre-Trial Hearings and Motions
3. Jury Selection
4. Trial Proceedings
5. Verdict
6. Sentencing (if convicted)
7. Post-Conviction Motions or Appeals

Each of these stages plays a critical role in protecting your rights as the accused and ensuring due process is followed.

What Are the Stages of a Criminal Trial in Rhode Island?

Once a case proceeds to trial, the courtroom phase involves several important stages:

• Opening Statements – Both the prosecution and defense outline their case to the judge or jury
• Presentation of Evidence – Witnesses are called, documents and exhibits are introduced (including photos and videos), and both sides build their arguments. The prosecution presents its case first, followed by the defense
• Cross-Examination – Each side has the opportunity to question the other side’s witnesses
• Defense Evidence and Rebuttal – The defendant may present evidence or testify, though they aren’t required to do so. If the defense presents evidence, the prosecution may introduce rebuttal evidence
• Closing Arguments – Final summaries are delivered by both sides, highlighting key points
• Jury Instructions and Deliberation – If it’s a jury trial, the judge provides legal instructions before the jury deliberates
• Verdict – The jury (or judge in a bench trial) delivers a guilty or not guilty verdict. The verdict must be unanimous. If the jury cannot reach a unanimous decision, the judge will declare a mistrial

During a trial, the government carries the burden of proving your guilt beyond a reasonable doubt. This is the highest standard of proof in the legal system—requiring evidence that establishes moral certainty, not just a strong probability.

What Is the Difference Between a Bench Trial and a Jury Trial in Rhode Island?

In a jury trial, a group of your peers (meaning adults from your community who are eligible to serve on a jury) is selected to hear the evidence and render a verdict. In a bench trial, the judge alone decides the outcome.

Jury Trial Pros:

• May be more sympathetic to personal circumstances
• Defense strategy can be tailored to juror perspectives

Bench Trial Pros:

• Faster process
• Useful when the issues are highly technical or legal in nature

An experienced defense attorney like those on our team can help you determine which type of trial is best for your specific case.

Can You Waive Your Right to a Jury Trial in Rhode Island?

Yes, you can waive your right to a jury trial, but it must be done knowingly, voluntarily, and with the court’s approval. This often involves filing a formal waiver and attending a hearing to ensure you understand your rights.

As an example, one strategic reason to waive your right to a jury trial may concern jury bias. If your case has been highly publicized in the media, a jury trial may be the last thing you want.

How Is a Jury Selected in Rhode Island Criminal Trials?

Jury selection begins with a process called voir dire, during which both the defense and prosecution question potential jurors. The goal is to identify any biases or conflicts that could affect impartiality.

In Rhode Island:

• Jury panels are selected randomly
• Criminal juries may consist of 6 or 12 members, depending on the nature of the case and the court
• Both sides may challenge jurors “for cause” or use a limited number of peremptory challenges to exclude jurors without giving a reason
• The process is critical. A well-selected jury can be pivotal to a favorable outcome

What Happens During Witness Testimony?

Witnesses are called to provide testimony under oath. The side that calls the witness conducts the direct examination, followed by a cross-examination from the opposing party. Witness testimony can include:

• Law enforcement officers
• Expert witnesses (e.g., forensic analysts)
• Eyewitnesses
• Character witnesses

You may choose to testify, but aren’t required to. Under the Fifth Amendment, defendants have the right to remain silent and avoid self-incrimination. Judges and juries cannot draw any negative inference from your decision not to testify.

What Happens After a Criminal Trial in Rhode Island?

If the verdict is not guilty, you’re acquitted, and the case ends. If the verdict is guilty, the case moves to the sentencing phase, where the judge who presided over the trial imposes penalties based on the offense, prior record, and other factors.

Post-trial actions may include:

• Filing a motion for a new trial
• Seeking post-conviction relief
• Filing an appeal to a higher court, such as the Rhode Island Superior Court

Based on the trial’s outcome, your attorney will help determine the most appropriate next steps.

How Long Does a Criminal Trial Usually Take in Rhode Island?

The total timeline for a criminal trial varies widely:

• From arrest to trial – Can take several months to over a year, depending on court scheduling, case complexity, and pre-trial motions
• Trial duration – Most trials last anywhere from one day to several weeks

The key is working with an experienced attorney who will work to move your case efficiently, while ensuring no corners are cut in preparing your defense. Of course you want to put all of this behind you, but rushing the process only harms your chances of a positive outcome.

Can You Avoid Trial? When Plea Bargains Make Sense in RI Criminal Cases

Yes. Many criminal cases are resolved through plea bargains, which involve negotiating a guilty plea in exchange for reduced charges or a lighter sentence.

Reasons to consider a plea deal:

• Minimize penalties
• Avoid the uncertainty of trial
• Resolve the case more quickly

That said, plea deals should never be entered into lightly. Your attorney can help you evaluate whether accepting a deal is truly in your best interest or whether fighting the charges in court makes more sense.

Common Trial Mistakes That Can Hurt Your Defense in Rhode Island

Avoidable missteps during trial can seriously damage your case. Common examples include:

• Speaking out of turn in court
• Testifying without proper preparation
• Failing to object to inadmissible evidence
• Poor jury communication or presentation
• Hiring an inexperienced attorney unfamiliar with local procedures

It won’t surprise you to learn that this is yet another reason to work with a skilled Rhode Island defense attorney. Doing so ensures your rights are protected and your case is presented as effectively as possible.

Top Myths About Going to Trial for Criminal Charges in Rhode Island

Myth: “If I’m innocent, I don’t need a lawyer.”

• Reality: You still need a defense strategy to challenge the prosecution’s evidence.

Myth: “The truth will come out during trial.”

• Reality: Trials are about what can be proved under the law, not just what happened.

Myth: “All trials take forever.”

• Reality: Many are resolved quickly, depending on the case’s complexity.

Myth: “I can handle this myself.”

• Reality: Self-representation is risky, especially when your freedom is on the line.

Understanding the Role of a Criminal Defense Attorney During Trial

As you’ve likely gathered from reading this guide, your defense attorney plays a central role in every stage of your trial:

• Advising you on plea options and strategy
• Preparing and presenting evidence
• Cross-examining witnesses
• Filing pre-trial and mid-trial motions
• Ensuring your rights are respected throughout

No matter what type of charges you’re facing, going to trial for criminal charges in Rhode Island is serious—but it doesn’t have to be overwhelming.

With the right legal guidance, you can make informed decisions, protect your rights, and put forward the strongest possible defense.

The biggest thing to take away from this guide is that the quality of your legal representation can make the difference between conviction and acquittal. And at the Law Office of John L. Calcagni III, we use our extensive trial experience and client-focused approach to fight aggressively for your freedom.

Whether you’re preparing for trial, exploring plea options, or trying to understand what comes next, the Law Office of John L. Calcagni, III is here to help.

Call us today at (409) 399-3931 for your free consultation and get the battle-tested defense strategy you need for your day in court.