Criminal Law - Bail and Arraignments

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!

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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.

The formal arraignment is the court hearing where a criminal defendant either pleads not guilty, or nolo contendere to the criminal charges. Nolo contendere means the person is admitting to the charges but is not contesting them. A defendant should never plead guilty. A nolo contendere plea is not a conviction unless there is a suspended sentence, fine or jail time. The scope of this article does not pertain to expungement law or a detailed explanation of the different pleas and sentences that can be imposed.

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.

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.

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 State of Rhode Island.

If the Rhode Island (RI ) District Court judge orders cash bail then the accused must pay that amount in cash to be released. If it is cash bail than the defendant cannot post property.

If the person is repeat criminal offender, the allegations are particularly bad, the person has a history of not attending court or for other reasons, then the court could set bail with surety. This means that the person only has to pay 10 percent of that amount or post property valued at full amount. If a person can not come up with ten percent then they can hire a bail bondsman who will post that amount 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 end 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 judge can hold the person as a"violator" pending a hearing. The judge can refuse to set bail and hold a person as a violator at the aci for ten business days which could be up to 14 days.

There will be a hearing 10 days later in which the person will be accused of violating probation or bail and also stand trial on the new charges. The scope of this article does not include an in depth analysis of bail / filing / probation violation hearings.

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.

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.

Legal Notice per RI Rules of Professional Responsibility:

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

Criminal Law - Bail and Arraignments

David Slepkow is a Rhode Island lawyer concentrating in criminal law, DUI / DWI, breathalyzer refusals, restraining orders/ no contact orders, divorce, family law, child custody / support / visitation and personal injury.

If you have any questions or need legal help please call David Slepkow at 401-437-1100 or visit his website: Rhode Island Lawyers/Attorneys

David Slepkow offers free initial consultations and accepts all major credit cards. For more useful information concerning Rhode Island (RI) criminal law and DUI please go to: RI Criminal law articles

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Attorneys Can Help Expunge Or Seal Your Criminal Record

A criminal arrest can seriously impede your success in life. Even if the courts found you to be not guilty, the fact that you have an arrest record, that you were a defendant in a criminal case, particularly for a felony, makes it harder to get a job and to obtain licensure for certain professions. An immigrant may face deportation and his or her status application denied if there's an arrest record. Who would not want to seal their arrest record or make it disappear if they could?

Under certain circumstances your criminal arrest records may be sealed or expunged. To expunge something means to wipe it out, obliterate it, erase it, and that's what happens with expungement. While state laws vary, typically an expunged record is actually physically destroyed. A sealed criminal arrest record is literally sealed in an envelope and locked in a secure place without access. Whether your records are expunged or sealed, the effect is the same: no one can legally access your criminal record without a court order.

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You must file an application for expungement with the courts. You do not have to hire an attorney to do this for you, but it may be worth it. Experienced attorneys know the laws and procedures to follow in their states and how best to get an application through the court system successfully.

In Florida, for example, you can have your arrest record expunged if the charges against you were dropped, if you were found not guilty, if the charges against you were dismissed, or if the court decides not to file charges against you. As long as you were cleared of the charges either by being found not guilty or by having your case dismissed, dropped, or not filed, you may be able to get your record expunged. If you pled guilty or no contest or have been found guilty, you may be able to have your arrest record sealed if the judge "withholds adjudication," which means the court found you guilty but did not convict you. You may have to be on probation or perform community service, but if your arrest resulted in "adjudication withheld" your record may qualify for expungement. There are exceptions, and that's where an experienced attorney can be of assistance.

In Florida there is no statute of limitations on expunging or sealing past arrest records. An individual can, however, get an expungement or sealing of a criminal record only one time. Certain juvenile cases or cases of mistaken arrest can be expunged without being considered as your one opportunity for expungement.

Under certain circumstances you may have to reveal your criminal record even if it has been expunged. These situations include, among others, applying for legal or criminal justice work or applying for jobs working with children, the elderly, or people with developmental disabilities. While there are some limits to the effectiveness of sealing or expunging your criminal record, it the majority of situations it can give you a new lease on life; you can resume your life with a clean slate.

Attorneys Can Help Expunge Or Seal Your Criminal Record

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Learn more about Expunge.

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Civil Vs Criminal Law Suits

A civil lawsuit occurs when a victim brings a case for money damages against the defendant for causing emotional or physical injuries. The person who files the lawsuit is called the plaintiff and the defendant is the party against whom the lawsuit has been filed. In civil lawsuits, judges and juries try to reach a verdict as to whether or not the allegation is true, rather than whether someone is "guilty" or "not guilty." The plaintiff usually hires an attorney, and the attorney's fee is deducted from the final award. In order to win a civil law suit there must be a great amount of evidence to prove to the court that what the victim is saying really did happen. In a civil case, the victim can appeal if the court does not find is his or her favor. In a criminal case, by contrast, an acquittal (or a "not guilty" verdict) cannot be appealed. The standards of proof differ from criminal cases, as do the legal processes. Details vary from state to state.

Civil lawyers, or lawyers who focus on civil rather than criminal cases, sometimes work alone or in practices with other civil lawyers. They only take cases in jurisdictions where they are licensed to practice. All plaintiffs who file for civil law cases are always advised to find lawyers who have experience in the types of claims they are planning to file. Most civil lawyers have paralegals, legal assistants, private investigators, and secretaries to assist in the cases they take on. The results of a civil law suit do not depend on who is "right" or "wrong" according to moral standards, but are based on the laws governing the type of case before the court.

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Civil Vs Criminal Law Suits

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