| A misdemeanor is any offense punishable by up to | | | | ordered to complete a batterers intervention program |
| one year in Jail. Typical misdemeanors are: driving | | | | which involves attending classes. The defendant can |
| under the influence of alcohol / drunk driving (dui / dwi), | | | | also be ordered to pay restitution to the victim if |
| shoplifting, domestic assault, Second (2nd) offense | | | | applicable and obtain substance abuse or mental health |
| refusal to take the breathalyzer, driving on a | | | | counseling. Failure to attend the Batterers classes or |
| suspended license, writing bad checks, domestic | | | | failure to pay restitution or failure to attend counseling |
| vandalism, simple assault and battery, domestic | | | | could be considered a violation of probation or a filing. |
| disorderly, reckless driving, disorderly conduct, etc. | | | | If the defendant violates the no contact order then the |
| There are different rules that apply to driving with | | | | defendant will be charged with a separate offense of |
| suspended licenses and this article does not fully | | | | violating a no contact order as well as violating the |
| address those provisions. | | | | conditions of the filing or probation, as a result of the |
| If you cannot afford an attorney to represent you then | | | | communication. |
| you should contact the Public Defender. The Rhode | | | | The no contact order will remain in effect while the |
| Island Office of the Public Defender represents eligible | | | | case is pending and during the period of any penalty or |
| clients in criminal law matters (misdemeanors / felony) | | | | sentence. The no Contact order will expire if the case |
| for no charge. Do not use this article as a substitute | | | | is dismissed. For example, a no contact order will stay |
| for seeking independent legal advice from a lawyer. | | | | in effect until any probationary period or suspended |
| It is a very bad idea for a person to represent | | | | sentence is completed. |
| themselves (pro-se) in a criminal case. Please note that | | | | Rhode Island Family Court restraining orders |
| this article only applies to Rhode Island misdemeanor | | | | Be careful! There may be a separate restraining order |
| offenses and does not apply to any other states! | | | | that issued from Rhode Island Family Court as a result |
| At the arraignment, A person should almost always | | | | of a complaint protection from abuse in a divorce or |
| say not guilty and hire an attorney. If a person cannot | | | | family law matter. The Family Court has jurisdiction to |
| afford a lawyer then the person should go to the | | | | issue restraining orders for up to three (3) years. The |
| Public Defender. After the arraignment the matter will | | | | Family Court can issue restraining orders for persons |
| be set for a pretrial conference a couple of weeks | | | | who are married, are divorced, are family members or |
| later. In some very limited circumstances a person can | | | | who have children in common as well as other |
| work out a plea deal at the arraignment. It is usually a | | | | jurisdiction set forth in the statute. There may also be |
| very bad idea for a person to enter into a plea | | | | a restraining order issued by a Court of another state |
| agreement without an attorney. | | | | or another Court |
| At the pretrial conference a person can change their | | | | Violation of Family Court Complaint protection from |
| plea after meeting with the prosecutor and or the | | | | Abuse restraining order is a crime in itself and also |
| judge and after finding out what the prosecutor is | | | | may constitute a violation of probation, bail and violation |
| offering for a a sentence. A defendant can negotiate | | | | of conditions of a filing. |
| with the prosecutor through their lawyer. If a plea | | | | District Court Restraining orders: |
| agreement cannot be worked out at the pretrial | | | | There may also be a District Court restraining order |
| conferences the matter will be set for trial. The matter | | | | from your (ex) boyfriend or girlfriend. The District Court |
| also could be scheduled for motions prior to the trial if | | | | has jurisdiction to issue restraining orders for persons |
| motions are requested. | | | | who were or are in a dating relationship or who are |
| A person should never change their plea from not | | | | roommates. Violation of a District Court restraining |
| guilty to nolo contendere or guilty without a plea deal | | | | order is also a crime in itself. Violation of a District |
| from the prosecutor. | | | | Court restraining order is also a violation of probation |
| In Rhode Island, a defendant can enter one of four | | | | and a violation of the terms of bail and a violation of |
| pleas: guilty, not guilty, nolo contendere or an "alfred | | | | the conditions of a filing. |
| plea". | | | | Superior Court Restraining orders: |
| Guilty and Not Guilty Pleas | | | | Violation of A Superior Court restraining order is |
| The pleas of guilty and not guilty are obvious. If the | | | | punishable by contempt proceedings which could result |
| plea is not guilty then the matter will be scheduled for a | | | | in confinement. However, violation of a Superior Court |
| trial on the merits in which the prosecution must prove | | | | restraining order is not a crime in itself. Violation of a |
| beyond a reasonable doubt that the person is guilty of | | | | Superior Court Restraining order could be considered a |
| the alleged offense. The person will be presumed | | | | violation of bail, probation or conditions of a filing. |
| innocent and it is the prosecutions burden to prove that | | | | Issues concerning custody and visitation of children as |
| the person is guilty. Usually, it is a very very bad idea to | | | | well as divorce and family related matters: |
| take a guilty plea! Guilty pleas or a finding of guilt after | | | | The District Court in a criminal case cannot be involved |
| a trial is always a criminal conviction in Rhode Island. | | | | in setting vistitation or dealing with issues concerning |
| Nolo Contendere Plea | | | | divorce or custody of the minor children. The Rhode |
| Nolo contendere means a person is not contesting the | | | | Island Family Court is the proper Forum for dealing with |
| charges. When a defendant takes a nolo contendere | | | | issues related to divorce and child custody such as: |
| plea in Rhode island, the defendant is indicting that he | | | | child support, visitation, financial restraining orders and |
| does not want to contest the charges but is also | | | | issues concerning marital property, marital real estate |
| essentially admitting to the charges. | | | | and debt. |
| What is the difference between a guilty plea and a | | | | If your spouse or girlfriend or boyfriend is preventing |
| nolo contendere plea in rhode Island? There is a huge | | | | you from visiting or talking to your child as a result of a |
| difference! A guilty plea is always a criminal conviction | | | | criminal case or no contact order then you may need |
| under Rhode Island law. A criminal conviction has | | | | to file for divorce or a separate action for custody or |
| major negative implications especially when a person | | | | visitation in Family Court. |
| applies for employment. A plea of nolo contendere | | | | The Family Court can set visitation and child support |
| may not constitute a criminal conviction in Rhode Island. | | | | as part of a Complaint protection from abuse |
| A plea of nolo contendere is only a conviction in | | | | restraining order. In some instances when domestic |
| Rhode Island if there is a sentence of confinement | | | | violence is alleged or there are issues concerning |
| (such as the ACI or home confinement), a suspended | | | | alcohol, drug abuse or mental health then the Family |
| sentence or a fine imposed. | | | | Court may order supervised visitations. These |
| For example, A plea of nolo contendere with a | | | | Supervised visitations my occur at the Providence |
| sentence of probation and a contribution to the violent | | | | Family Court or may be supervised by a third party. |
| crimes indemnity fund or court costs will not constitute | | | | No Contact Orders in Rhode Island explained |
| a conviction under Rhode Island law! For example, A | | | | A "no contact order" means that the defendant is |
| plea of nolo contendere with a sentence of a filing and | | | | precluded from having any contact and or |
| a contribution to the violent crimes indemnity fund (vcif) | | | | communication with the victim or the person under the |
| will not constitute a conviction under Rhode Island law. | | | | protection of the no contact order. This includes but is |
| However, anything with a fine attached to it will be a | | | | not limited to letters, emails, text messages or |
| conviction under Rhode Island law. Therefore, it is | | | | messages delivered through a third party. |
| important that the defendant gets either no fine or a | | | | In other words if a person is under a no contact order |
| contribution to the victims fund or court costs rather | | | | and sees the victim in public they must leave the area |
| then a fine. | | | | immediately and not acknowledge the victims |
| All misdeameanor plea agreements in Rhode lsland | | | | existence. A person cannot even say "hi" if they walk |
| should be nolo contendere with court costs or a | | | | by the victim by chance on the street. |
| contribution towards the victims indemnity fund rather | | | | Be very careful! A person can be arrested for violating |
| then guilty pleas! | | | | a no contact order even if the victim initiates the |
| Alfred Pleas | | | | contact and calls the defendant. A person can be |
| Alfred Pleas are strongly disfavored by judges in | | | | charged with breaking a no contact order even if |
| Rhode Island (RI) and are difficult to get. Alfred pleas | | | | invited by his wife to come back to the marital home. |
| derive from a United States Supreme Court case. In | | | | Even if the victim tells you that the no contact order |
| an Alfred plea, a defendant will admit that the state | | | | has been dropped, do not take the victims word for it. |
| has sufficient evidence to convict him or her if the | | | | You must see the piece of paper signed by the judge |
| case went to trial but will not admit to anything. | | | | dismissing the no contact order before any contact or |
| DUI / Drunk Driving charges | | | | communication is initiated. A no contact order expires |
| In Rhode Island, any plea to drunk driving, driving under | | | | when the sentence period is finished. However, be |
| the influence, DUI/ DWI is a conviction under Rhode | | | | careful because there may also be a restraining order |
| Island law. A breathalyzer refusal plea of guilty or | | | | issued as a reult of a divorce or family court matter or |
| "admitting to sufficient facts" is not a criminal conviction | | | | a District Court restraining order. |
| because a breathalyzer refusal is a civil case. For | | | | A person who is on probation or a probation attached |
| more information concerning Rhode Island drunk driving | | | | to a suspended sentence must be even more vigilante |
| / dui and breathalyzer refusal law please see => | | | | in order to not violate the no contact order. For |
| Guilty Finding after Trial and appeals de novo | | | | example, a single phone call made by the defendant to |
| If the defendant is found guilty after trial the sentence | | | | a victim under the protection of a no contact order |
| will constitute a conviction. If a person is found guilty at | | | | probably means a minimum of ten 10 days in jail at the |
| trial in district court they can appeal de novo (of new) | | | | ACI. We are not talking about the local town jail but the |
| to the Superior Court and the conviction will be erased | | | | ACI. |
| and the case will essentially start all over again in the | | | | Violation of conditions of filing |
| Superior Court. | | | | Please note, that a person who has a filing can be held |
| Obviously, the defendants best result is either a | | | | for up to ten days at the ACI if arrested for a new |
| dismissal by the prosecution or an acquittal. | | | | charge / crime. A person who is on a filing must be |
| A defendant has five days to file an appeal of a guilty | | | | very careful that he / she stays out of trouble. |
| finding after trial or appeal a plea agreement that he / | | | | If the person is violated from the terms and conditions |
| she is unhappy with. In the Superior Court appeal, the | | | | of the filing then hypothetically the filing could become |
| defendant has a right to a trial by jury. Whereas, in | | | | a conviction because that person has already admitted |
| The District Court a person waives their right to a trial | | | | to the charges by pleading nolo contendere and giving |
| by jury but in exchange for their waiver of their right to | | | | up his right to contest the charges. Court costs will be |
| a trial by jury has the right to appeal any guilty finding | | | | imposed if there is a nolo contendere filing in a criminal |
| de novo (of new) to the Superior Court. A person | | | | case. |
| charged with a misdemeanor essentially has two bites | | | | Probation in Rhode Island |
| of the apple so to speak. A defendant can attempt to | | | | If a person receives probation then they will need to |
| win at a judge decided trial in District Court and then if | | | | abide by the conditions of the probation and agree to |
| they lose they can do it all over again with a jury trial in | | | | keep the peace and be of good behavior. If a person |
| Superior Court. | | | | violates his/ her probation by being arrested for a new |
| What is a "filing" in Rhode Island? | | | | crime then the person may be held in Jail at the ACI |
| A one year filing is usually only offered by the | | | | as a probation violator. After ten days a person has |
| prosecutor as a penalty for first time offenders. A filing | | | | the right to a hearing. At the probation violation hearing, |
| is a penalty that is typically offered for first time | | | | the prosecutor must only convince the judge so that |
| offenders for relatively minor misdemeanors. A filing is | | | | the judge is "reasonably satisfied" that the person |
| the lowest form of penalty available and is always | | | | violated the probation by committing the new offense. |
| better than probation for an accused. A filing is when | | | | Also the person will be prosecuted for the new |
| the case is put aside for a year and if the person | | | | offense as a separate charge from violating the |
| stays out of trouble for a year then the case is eligible | | | | probation. There is a good chance that if a person is |
| to be expunged and destroyed at the end of the year. | | | | violated for his probation that the probation which was |
| Be careful, do not forget to have your filing expunged | | | | originally not a conviction will now ripen into a |
| at the end of the year! It is not automatic. A certified | | | | conviction. |
| copy of the expungement order must also be sent to | | | | A probationary period is a time of great risk for a |
| the Rhode Island Attorney General 's office, the Rhode | | | | defendant and a defendant must be careful to stay |
| Island State Police and the local police department that | | | | out of trouble! |
| pursued the criminal charge. In the event that a person | | | | A person can also be violated for his probation for |
| is found guilty after trial, a person could still be | | | | various infractions that may not be criminal acts but |
| sentenced to a one year filing. However, any guilty | | | | that violate the conditions of probation such as not |
| finding after trial will constitute a conviction. A guilty | | | | keeping probation informed of new addresses, leaving |
| finding with a penalty of a filing should be appealed to | | | | the state without permission, not paying court costs or |
| avoid a conviction. | | | | restitution, not properly reporting to the probation |
| (Expungement is a process in which a person can | | | | officer, etc. When a person is under probation in |
| have certain eligible Rhode Island criminal records | | | | Rhode Island, he or she is essentially is in a contract |
| expunged off there record. In order to obtain an | | | | with the state to keep the peace, be of good behavior |
| expungement of a Rhode Island criminal record a | | | | and comply with the conditions and rules of probation. |
| person must file a motion to expunge. I strongly advise | | | | What is a probation with a suspended sentence in |
| that you contact me or another Rhode Island criminal | | | | Rhode Island? |
| law attorney to determine whether a criminal record | | | | If the charges are serious or the person has a lengthy |
| can be expunged.) | | | | criminal record of has already been placed on |
| If a one year filing is offered by the prosecutor / city | | | | probation before then in addition to the probation, the |
| solicitor and is accepted then the case will be "filed" for | | | | judge may attach a suspended sentence. A person |
| a year. This is commonly called a "filing". If the | | | | who has a suspended sentence is in a period of |
| defendant does not get arrested or get in other trouble | | | | extreme risk because a new offense could lead to |
| and complies with the conditions of the filing during the | | | | substantial jail time! |
| one year period then the case can be easily expunged | | | | A suspended sentence is always a conviction under |
| from a person's record after the year. | | | | Rhode Island law. A person with probation and a |
| What types of filing are there in Rhode Island | | | | suspended sentence attached will not spend anytime |
| There are two types of filings, not guilty filings and nolo | | | | in prison unless the person violates the conditions of his |
| contendere filings. A not Guilty filing is when the | | | | probation as set forth above. |
| defendant maintains his innocence and the case if filed | | | | The period of the suspended sentence is the most |
| for a year. A not guilty filing is not usually allowed by | | | | time that a person could spend in prison if the person |
| Judges in the District Court! Not Guilty filings are | | | | violates the conditions of the probation or commits a |
| extremely rare in the District Court. Some judges will | | | | new offense. If the person violates the probation, the |
| not allow not guilty filings as a matter of policy. Not | | | | judge could sentence the person up to the amount of |
| guilty filings are very beneficial to the defendant as the | | | | time that is suspended. Please note that the person |
| best case scenario short of a dismissal or not guilty | | | | could get additional sentence and or penalties as a |
| finding because if the person is accused of a new | | | | result of the new charge. It is in the defendants best |
| crime or violating their filing the state will need to still | | | | interest to have the period of suspended sentence to |
| prove their underlying case. | | | | be as short as possible. The suspended sentence |
| A nolo contendere filing is when the defendant admits | | | | typically is for the same amount of time as the period |
| to guilt and the case is filed for a year. The vast | | | | of probation. |
| majority of filings are nolo contedere filings! A major | | | | Please note that if the offense is driving on a |
| difference between a not guilty filing and a nolo | | | | suspended license there are special rules that apply |
| contendere filing is when a person is violated for a not | | | | that are set forth in the statutes. |
| guilty filing then the state / prosecution must prove guilt | | | | Most prosecutors and judges believe that each |
| at that time. Whereas, if a person is violated for a nolo | | | | sentence should be more severe then the last. A |
| contendere filing, the judge simply must impose a | | | | person's first minor offense is likely to lead to only a |
| sentence because the person has already admitted | | | | filing which is the lowest form of penalty in Rhode |
| guilt to that offense. | | | | Island. A person usually will only be allowed one filing. |
| If the person violates his filing by not complying with the | | | | Could I be incarcerated at the aci or serve time in jail |
| conditions of the filing then the persons filing can be | | | | as a result of a misdemeanor charge? |
| revoked by the Court. If a person takes a nolo | | | | Yes. A serious misdemeanor could lead to |
| contendere filing and gets into further trouble, violates | | | | incarceration at the Adult Correctional Institution (ACI). |
| the conditions of the filing or is arrested on a new | | | | The Vast majority of misdemeanor cases do not |
| offense then the person will be hailed back into court | | | | result in a sentence of incarceration! A habitual |
| to be sentenced on the filing. (unless the filing was a | | | | offender could eventually face jail time. A person |
| not guilty filing which means the prosecution must | | | | convicted of a second or third offense dui / dwi faces |
| prove the defendants guilt) There are various | | | | a minimum mandatory sentence to the ACI . A person |
| conditions that can be put on a filing inluding alcohol and | | | | with a probation violation or suspended sentence could |
| drug counseling, domestic violence counseling or | | | | face incarceration depending on the circumstances. In |
| classes, restitution, no contact with the victim and | | | | a Misdemeanor District Court case the Court only has |
| community service. | | | | jurisdiction to sentence a person to a year in jail. In |
| A person that has a filing is subject to being held at the | | | | some instances a person might qualify for Home |
| aci for 10 days as a violator of his filing if he is arrested | | | | confinement in lieu of a sentence at the ACI. |
| for a new offense during the filing period. | | | | Please be advised that there are different |
| What implications are there for domestic violence | | | | considerations related to Felony criminal charges which |
| offenses in Rhode Island? | | | | are not adressed in this article including but not limited |
| If the underlying charge is for a domestic offense such | | | | to deferred sentences. Please consult the Rhode |
| as domestic assault, vandalism, or domestic disorderly | | | | Island Public Defender's website for information related |
| conduct then the defendant will be ordered to have no | | | | to felony charges and for an explanation of a |
| contact with his wife, girlfriend or the victim as the | | | | Deferred sentence. |
| case may be. | | | | It is important that this criminal law article be used for |
| Upon entering a plea or being found guilty of a crime | | | | informational purposes only and not as a substitute for |
| with domestic implications then the defendant will be | | | | seeking legal advice from a Rhode Island lawyer. |