Criminal Misdemeanor Law in Rhode Island (Ri) - Plea Agreements - Sentencing & What is a Conviction?

Pro Bono Child Custody Lawyers - Criminal Misdemeanor Law in Rhode Island (Ri) - Plea Agreements - Sentencing & What is a Conviction?

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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, easy attack and battery, domestic disorderly, reckless driving, disorderly conduct, etc. There are different rules that apply to driving with suspended licenses and this narrative does not fully address those provisions.

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If you cannot afford an attorney to laid out you then you should contact the group Defender. The Rhode Island Office of the group Defender represents eligible clients in criminal law matters (misdemeanors / felony) for no charge. Do not use this narrative as a substitute for seeking independent legal guidance from a lawyer.

It is a very bad idea for a man to laid out themselves (pro-se) in a criminal case. Please note that this narrative only applies to Rhode Island misdemeanor offenses and does not apply to any other states!

At the arraignment, A man should almost always say not guilty and hire an attorney. If a man cannot afford a lawyer then the man should go to the group Defender. After the arraignment the matter will be set for a pretrial consulation a merge of weeks later. In some very minute circumstances a man can work out a plea deal at the arraignment. It is ordinarily a very bad idea for a man to enter into a plea agreement without an attorney.

At the pretrial consulation a man can change their plea after meeting with the prosecutor and or the judge and after finding out what the prosecutor is contribution for a a sentence. A defendant can negotiate with the prosecutor straight through their lawyer. If a plea agreement cannot be worked out at the pretrial conferences the matter will be set for trial. The matter also could be scheduled for motions prior to the trial if motions are requested.

A man should never change their plea from not guilty to nolo contendere or guilty without a plea deal from the prosecutor.

In Rhode Island, a defendant can enter one of four pleas: guilty, not guilty, nolo contendere or an "alfred plea".

Guilty and Not Guilty Pleas

The pleas of guilty and not guilty are obvious. If the plea is not guilty then the matter will be scheduled for a trial on the merits in which the prosecution must prove beyond a uncostly doubt that the man is guilty of the alleged offense. The man will be presumed innocent and it is the prosecutions burden to prove that the man is guilty. Usually, it is a very very bad idea to take a guilty plea! Guilty pleas or a finding of guilt after a trial is always a criminal conviction in Rhode Island.

Nolo Contendere Plea

Nolo contendere means a man is not contesting the charges. When a defendant takes a nolo contendere plea in Rhode island, the defendant is indicting that he does not want to contest the charges but is also essentially admitting to the charges.

What is the dissimilarity between a guilty plea and a nolo contendere plea in rhode Island? There is a huge difference! A guilty plea is always a criminal conviction under Rhode Island law. A criminal conviction has major negative implications especially when a man applies for employment. A plea of nolo contendere may not constitute a criminal conviction in Rhode Island. A plea of nolo contendere is only a conviction in Rhode Island if there is a sentence of confinement (such as the Aci or home confinement), a suspended sentence or a fine imposed.

For example, A plea of nolo contendere with a sentence of probation and a contribution to the violent crimes indemnity fund or court costs will not constitute a conviction under Rhode Island law! For example, A plea of nolo contendere with a sentence of a filing and a contribution to the violent crimes indemnity fund (vcif) will not constitute a conviction under Rhode Island law.

However, anyone with a fine attached to it will be a conviction under Rhode Island law. Therefore, it is foremost that the defendant gets either no fine or a contribution to the victims fund or court costs rather then a fine.

All misdeameanor plea agreements in Rhode lsland should be nolo contendere with court costs or a contribution towards the victims indemnity fund rather then guilty pleas!

Alfred Pleas

Alfred Pleas are strongly disfavored by judges in Rhode Island (Ri) and are difficult to get. Alfred pleas obtain from a United States consummate Court case. In an Alfred plea, a defendant will admit that the state has adequate evidence to convict him or her if the case went to trial but will not admit to anything.

Dui / Drunk Driving charges

In Rhode Island, any plea to drunk driving, driving under the influence, Dui/ Dwi is a conviction under Rhode Island law. A breathalyzer refusal plea of guilty or "admitting to adequate facts" is not a criminal conviction because a breathalyzer refusal is a civil case. For more facts concerning Rhode Island drunk driving / dui and breathalyzer refusal law please see => http://ezinearticles.com/?Rhode-Island-Dui---Dwi-Law-Should-I-Refuse-The-Breathalyzer?&id=486659

Guilty finding after Trial and appeals de novo

If the defendant is found guilty after trial the sentence will constitute a conviction. If a man is found guilty at trial in district court they can motion de novo (of new) to the first-rate Court and the conviction will be erased and the case will essentially start all over again in the first-rate Court.

Obviously, the defendants best supervene is either a removal by the prosecution or an acquittal.
A defendant has five days to file an motion of a guilty finding after trial or motion a plea agreement that he / she is unhappy with. In the first-rate Court appeal, the defendant has a right to a trial by jury. Whereas, in The District Court a man waives their right to a trial by jury but in change for their waiver of their right to a trial by jury has the right to motion any guilty finding de novo (of new) to the first-rate Court. A man charged with a misdemeanor essentially has two bites of the apple so to speak. A defendant can exertion to win at a judge decided trial in District Court and then if they lose they can do it all over again with a jury trial in first-rate Court.

What is a "filing" in Rhode Island?

A one year filing is ordinarily only offered by the prosecutor as a penalty for first time offenders. A filing is a penalty that is typically offered for first time offenders for relatively minor misdemeanors. A filing is the bottom form of penalty available and is always great than probation for an accused. A filing is when the case is put aside for a year and if the man stays out of issue for a year then the case is eligible to be expunged and destroyed at the end of the year.

Be careful, do not forget to have your filing expunged at the end of the year! It is not automatic. A certified copy of the expungement order must also be sent to the Rhode Island Attorney general 's office, the Rhode Island State Police and the local police branch that pursued the criminal charge. In the event that a man is found guilty after trial, a man could still be sentenced to a one year filing. However, any guilty finding after trial will constitute a conviction. A guilty finding with a penalty of a filing should be appealed to avoid a conviction.

(Expungement is a process in which a man can have distinct eligible Rhode Island criminal records expunged off there record. In order to obtain an expungement of a Rhode Island criminal narrative a man must file a motion to expunge. I strongly advise that you contact me or other Rhode Island criminal law attorney to determine either a criminal narrative can be expunged.)

If a one year filing is offered by the prosecutor / city solicitor and is suitable then the case will be "filed" for a year. This is ordinarily called a "filing". If the defendant does not get arrested or get in other issue and complies with the conditions of the filing during the one year period then the case can be surely expunged from a person's narrative after the year.

What types of filing are there in Rhode Island

There are two types of filings, not guilty filings and nolo contendere filings. A not Guilty filing is when the defendant maintains his innocence and the case if filed for a year. A not guilty filing is not ordinarily allowed by Judges in the District Court! Not Guilty filings are extremely rare in the District Court. Some judges will not allow not guilty filings as a matter of policy. Not guilty filings are very useful to the defendant as the best case scenario short of a removal or not guilty finding because if the man is accused of a new crime or violating their filing the state will need to still prove their fundamental case.

A nolo contendere filing is when the defendant admits to guilt and the case is filed for a year. The vast majority of filings are nolo contedere filings! A major dissimilarity between a not guilty filing and a nolo contendere filing is when a man is violated for a not guilty filing then the state / prosecution must prove guilt at that time. Whereas, if a man is violated for a nolo contendere filing, the judge plainly must enforce a sentence because the man has already admitted guilt to that offense.

If the man violates his filing by not complying with the conditions of the filing then the persons filing can be revoked by the Court. If a man takes a nolo contendere filing and gets into additional trouble, violates the conditions of the filing or is arrested on a new offense then the man will be hailed back into court to be sentenced on the filing. (unless the filing was a not guilty filing which means the prosecution must prove the defendants guilt) There are discrete conditions that can be put on a filing inluding alcohol and drug counseling, domestic violence counseling or classes, restitution, no contact with the victim and community service.

A man that has a filing is branch to being held at the aci for 10 days as a violator of his filing if he is arrested for a new offense during the filing period.

What implications are there for domestic violence offenses in Rhode Island?

If the fundamental payment is for a domestic offense such as domestic assault, vandalism, or domestic disorderly escort then the defendant will be ordered to have no contact with his wife, girlfriend or the victim as the case may be.

Upon entering a plea or being found guilty of a crime with domestic implications then the defendant will be ordered to faultless a batterers intervention program which involves attending classes. The defendant can also be ordered to pay restitution to the victim if applicable and obtain substance abuse or reasoning condition counseling. Failure to attend the Batterers classes or failure to pay restitution or failure to attend counseling could be carefully a violation of probation or a filing.

If the defendant violates the no contact order then the defendant will be charged with a separate offense of violating a no contact order as well as violating the conditions of the filing or probation, as a supervene of the communication.

The no contact order will remain in supervene while the case is pending and during the period of any penalty or sentence. The no contact order will expire if the case is dismissed. For example, a no contact order will stay in supervene until any probationary period or suspended sentence is completed.

Rhode Island family Court restraining orders

Be careful! There may be a separate restraining order that issued from Rhode Island family Court as a supervene of a complaint security from abuse in a disunion or family law matter. The family Court has jurisdiction to issue restraining orders for up to three (3) years. The family Court can issue restraining orders for persons who are married, are divorced, are family members or who have children in common as well as other jurisdiction set forth in the statute. There may also be a restraining order issued by a Court of other state or other Court

Violation of family Court Complaint security from Abuse restraining order is a crime in itself and also may constitute a violation of probation, bail and violation of conditions of a filing.

District Court Restraining orders:

There may also be a District Court restraining order from your (ex) boyfriend or girlfriend. The District Court has jurisdiction to issue restraining orders for persons who were or are in a dating connection or who are roommates. Violation of a District Court restraining order is also a crime in itself. Violation of a District Court restraining order is also a violation of probation and a violation of the terms of bail and a violation of the conditions of a filing.

Superior Court Restraining orders:

Violation of A first-rate Court restraining order is punishable by contempt proceedings which could supervene in confinement. However, violation of a first-rate Court restraining order is not a crime in itself. Violation of a first-rate Court Restraining order could be carefully a violation of bail, probation or conditions of a filing.

Issues concerning custody and visitation of children as well as disunion and family associated matters:

The District Court in a criminal case cannot be complicated in setting vistitation or dealing with issues concerning disunion or custody of the minor children. The Rhode Island family Court is the proper Forum for dealing with issues associated to disunion and child custody such as: child support, visitation, financial restraining orders and issues concerning marital property, marital real estate and debt.

If your spouse or girlfriend or boyfriend is preventing you from visiting or talking to your child as a supervene of a criminal case or no contact order then you may need to file for disunion or a separate activity for custody or visitation in family Court.

The family Court can set visitation and child hold as part of a Complaint security from abuse restraining order. In some instances when domestic violence is alleged or there are issues concerning alcohol, drug abuse or reasoning condition then the family Court may order supervised visitations. These Supervised visitations my occur at the Providence family Court or may be supervised by a third party.

No contact Orders in Rhode Island explained

A "no contact order" means that the defendant is precluded from having any contact and or transportation with the victim or the man under the security of the no contact order. This includes but is not minute to letters, emails, text messages or messages delivered straight through a third party.

In other words if a man is under a no contact order and sees the victim in group they must leave the area immediately and not acknowledge the victims existence. A man cannot even say "hi" if they walk by the victim by occasion on the street.

Be very careful! A man can be arrested for violating a no contact order even if the victim initiates the contact and calls the defendant. A man can be charged with breaking a no contact order even if invited by his wife to come back to the marital home.

Even if the victim tells you that the no contact order has been dropped, do not take the victims word for it. You must see the piece of paper signed by the judge dismissing the no contact order before any contact or transportation is initiated. A no contact order expires when the sentence period is finished. However, be just because there may also be a restraining order issued as a reult of a disunion or family court matter or a District Court restraining order.

A man who is on probation or a probation attached to a suspended sentence must be even more vigilante in order to not violate the no contact order. For example, a singular phone call made by the defendant to a victim under the security of a no contact order probably means a minimum of ten 10 days in jail at the Aci. We are not talking about the local town jail but the Aci.

Violation of conditions of filing

Please note, that a man who has a filing can be held for up to ten days at the Aci if arrested for a new payment / crime. A man who is on a filing must be very just that he / she stays out of trouble.

If the man is violated from the terms and conditions of the filing then hypothetically the filing could become a conviction because that man has already admitted to the charges by pleading nolo contendere and giving up his right to contest the charges. Court costs will be imposed if there is a nolo contendere filing in a criminal case.

Probation in Rhode Island

If a man receives probation then they will need to abide by the conditions of the probation and agree to keep the peace and be of good behavior. If a man violates his/ her probation by being arrested for a new crime then the man may be held in Jail at the Aci as a probation violator. After ten days a man has the right to a hearing. At the probation violation hearing, the prosecutor must only convince the judge so that the judge is "reasonably satisfied" that the man violated the probation by committing the new offense. Also the man will be prosecuted for the new offense as a separate payment from violating the probation. There is a good occasion that if a man is violated for his probation that the probation which was originally not a conviction will now ripen into a conviction.

A probationary period is a time of great risk for a defendant and a defendant must be just to stay out of trouble!

A man can also be violated for his probation for discrete infractions that may not be criminal acts but that violate the conditions of probation such as not holding probation informed of new addresses, leaving the state without permission, not paying court costs or restitution, not properly reporting to the probation officer, etc. When a man is under probation in Rhode Island, he or she is essentially is in a ageement with the state to keep the peace, be of good behavior and comply with the conditions and rules of probation.

What is a probation with a suspended sentence in Rhode Island?

If the charges are serious or the man has a lengthy criminal narrative of has already been located on probation before then in expanding to the probation, the judge may attach a suspended sentence. A man who has a suspended sentence is in a period of extreme risk because a new offense could lead to enormous jail time!

A suspended sentence is always a conviction under Rhode Island law. A man with probation and a suspended sentence attached will not spend anytime in prison unless the man violates the conditions of his probation as set forth above.

The period of the suspended sentence is the most time that a man could spend in prison if the man violates the conditions of the probation or commits a new offense. If the man violates the probation, the judge could sentence the man up to the number of time that is suspended. Please note that the man could get additional sentence and or penalties as a supervene of the new charge. It is in the defendants best interest to have the period of suspended sentence to be as short as possible. The suspended sentence typically is for the same number of time as the period of probation.

Please note that if the offense is driving on a suspended license there are extra rules that apply that are set forth in the statutes.

Most prosecutors and judges believe that each sentence should be more severe then the last. A person's first minor offense is likely to lead to only a filing which is the bottom form of penalty in Rhode Island. A man ordinarily will only be allowed one filing.

Could I be incarcerated at the aci or serve time in jail as a supervene of a misdemeanor charge?

Yes. A serious misdemeanor could lead to incarceration at the Adult Correctional convention (Aci). The Vast majority of misdemeanor cases do not supervene in a sentence of incarceration! A habitual offender could eventually face jail time. A man convicted of a second or third offense dui / dwi faces a minimum mandatory sentence to the Aci . A man with a probation violation or suspended sentence could face incarceration depending on the circumstances. In a Misdemeanor District Court case the Court only has jurisdiction to sentence a man to a year in jail. In some instances a man might qualify for Home confinement in lieu of a sentence at the Aci.

Please be advised that there are different considerations associated to Felony criminal charges which are not addressed in this narrative along with but not minute to deferred sentences. Please consult the Rhode Island group Defender's website for facts associated to felony charges and for an explanation of a Deferred sentence.

It is foremost that this criminal law narrative be used for informational purposes only and not as a substitute for seeking legal guidance from a Rhode Island lawyer.

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