| ticle explains pleas and sentencing in Rhode Island (RI) | | | | majority of filings are nolo contedere filings! A major |
| for criminal misdemeanors. If you are charged with a | | | | difference between a not guilty filing and a nolo |
| misdemeanor crime in Rhode Island you should read | | | | contendere filing is when a person is violated for a not |
| this legal article very carefully. However, do not use | | | | guilty filing then the state / prosecution must prove guilt |
| this article as a substitute for seeking independent legal | | | | at that time. Whereas, if a person is violated for a nolo |
| advice from a lawyer. | | | | contendere filing, the judge simply must impose a |
| A misdemeanor is any offense punishable by up to | | | | sentence because the person has already admitted |
| one year in Jail. Typical misdemeanors are: driving | | | | guilt to that offense. |
| under the influence of alcohol (dui / dwi), shoplifting, | | | | If the person violates his filing by not complying with the |
| domestic assault, Second (2nd) offense refusal to | | | | conditions of the filing then the persons filing can be |
| take the breathalyzer, driving on a suspended license, | | | | revoked by the Court. If a person takes a nolo |
| writing bad checks, domestic vandalism, simple assault | | | | contendere filing and gets into further trouble, violates |
| and battery, domestic disorderly, reckless driving, | | | | the conditions of the filing or is arrested on a new |
| disorderly conduct, etc. There are different rules that | | | | offense then the person will be hailed back into court |
| apply to driving with suspended licenses and this article | | | | to be sentenced on the filing. (unless the filing was a |
| does not fully address those provisions. | | | | not guilty filing which means the prosecution must |
| It is a very bad idea for a person to represent | | | | prove the defendants guilt) There are various |
| themselves (pro-se) in a criminal case. Please note that | | | | conditions that can be put on a filing inluding alcohol and |
| this article only applies to Rhode Island misdemeanor | | | | drug counseling, domestic violence counseling or |
| offenses and does not apply to any other states! | | | | classes, restitution, no contact with the victim and |
| At the arraignment, A person should almost always | | | | community service. |
| say not guilty and hire an attorney. If a person cannot | | | | What implications are there for domestic violence |
| afford a lawyer then the person should go to the | | | | offenses in Rhode Island? |
| Public Defender. After the arraignment the matter will | | | | If the underlying charge is for a domestic offense such |
| be set for a pretrial conference a couple of weeks | | | | as domestic assault / domestic vandalism or domestic |
| later. In some very limited circumstances a person can | | | | disorderly conduct then the defendant will be ordered |
| work out a plea deal at the arraignment. It is usually a | | | | to have no contact with his wife girlfriend or the victim |
| very bad idea for a person to enter into a plea | | | | as the case may be. If the defendant violates the no |
| agreement without an attorney. | | | | contact order then the defendant will be charged with |
| At the pretrial conference a person can change their | | | | a separate offense of violating a no contact order as |
| plea after meeting with the prosecutor and or the | | | | well as violating the conditions of the filing or probation, |
| judge and after finding out what the prosecutor is | | | | as a result of the communication. |
| offering for a a sentence. A defendant can negotiate | | | | No Contact Orders in Rhode Island explained |
| with the prosecutor through their lawyer. If a plea | | | | A "no contact order" means that the defendant is |
| agreement cannot be worked out at the pretrial | | | | precluded from having any contact and or |
| conferences the matter will be set for trial. The matter | | | | communication with the victim or the person under the |
| also could be scheduled for motions prior to the trial if | | | | protection of the no contact order. This includes but is |
| motions are requested. | | | | not limited to letters, emails, text messages or |
| A person should never change their plea from not | | | | messages delivered through a third party. |
| guilty to nolo contendere or guilty without a plea deal | | | | In other words if a person is under a no contact order |
| from the prosecutor. | | | | and sees the victim in public they must leave the area |
| In Rhode Island, a defendant can enter one of four | | | | immediately and not acknowledge the victims |
| pleas: guilty, not guilty, nolo contendere or an "alfred | | | | existence. A person cannot even say "hi" if they walk |
| plea". | | | | by the victim by chance on the street. |
| Guilty and Not Guilty Pleas | | | | Be very careful! A person can be arrested for violating |
| The pleas of guilty and not guilty are obvious. If the | | | | a no contact order even if the victim initiates the |
| plea is not guilty then the matter will be scheduled for a | | | | contact and calls the defedant. A person can be |
| trial on the merits in which the prosecution must prove | | | | charged with breaking a no contact order even if |
| beyond a reasonable doubt that the person is guilty of | | | | invited by his wife to come back to the marital home. |
| the alleged offense. The person will be presumed | | | | Even if the victim tells you that the no contact order |
| innocent and it is the prosecutions burden to prove that | | | | has been dropped, do not take the victims word for it. |
| the person is guilty. Usually, it is a very very bad idea to | | | | You must see the piece of paper signed by the judge |
| take a guilty plea! Guilty pleas or a finding of guilt after | | | | dismissing the no contact order before any contact or |
| a trial is always a criminal conviction in Rhode Island. | | | | communication is initiated. A no contact order expires |
| Nolo Contendere Plea | | | | when the sentence period is finished. However, be |
| Nolo contendere means a person is not contesting the | | | | careful because there may also be a restraining order |
| charges. When a defendant takes a nolo contendere | | | | issued as a reult of a divorce or family court matter or |
| plea in Rhode island, the defendant is indicting that he | | | | a District Court restraining order. |
| does not want to contest the charges but is also | | | | A person who is on probation or a probation attached |
| essentially admitting to the charges. | | | | to a suspended sentence must be even more vigilante |
| What is the difference between a guilty plea and a | | | | in order to not violate the no contact order. For |
| nolo contendere plea in rhode Island? There is a huge | | | | example, a single phone call made by the defendant to |
| difference! A guilty plea is always a criminal conviction | | | | a victim under the protection of a no contact order |
| under Rhode Island law. A criminal conviction has | | | | probably means a minimum of ten 10 days in jail at the |
| major negative implications especially when a person | | | | ACI. We are not talking about the local town jail but the |
| applies for employment. A plea of nolo contendere | | | | ACI. |
| may not constitute a criminal conviction in Rhode Island. | | | | Violation of conditions of filing |
| A plea of nolo contendere is only a conviction in | | | | Please note, that a person who has a filing can be held |
| Rhode Island if there is a sentence of confinement | | | | for up to ten days at the ACI if arrested for a new |
| (such as the ACI or home confinement), a suspended | | | | charge / crime. A person who is on a filing must be |
| sentence or a fine imposed. | | | | very careful that he / she stays out of troubl. |
| For example, A plea of nolo contendere with a | | | | If the person is violated from the terms and conditions |
| sentence of probation and a contribution to the violent | | | | of the filing then hypothetically the filing could become |
| crimes indemnity fund or court costs will not constitute | | | | a conviction because that person has already admitted |
| a conviction under Rhode Island law! For example, A | | | | to the charges by pleading nolo contendere and giving |
| plea of nolo contendere with a sentence of a filing and | | | | up his right to contest the charges. Court costs will be |
| a contribution to the violent crimes indemnity fund (vcif) | | | | imposed if there is a nolo contendere filing in a criminal |
| will not constitute a conviction under Rhode Island law. | | | | case. |
| However, anything with a fine attached to it will be a | | | | Probation in Rhode Island |
| conviction under Rhode Island law. Therefore, it is | | | | If a person recieves probation then they will need to |
| important that the defendant gets either no fine or a | | | | abide by the conditions of the probation and agree to |
| contribution to the victims fund or court costs rather | | | | keep the peace and be of good behavior. If a person |
| then a fine. | | | | violates his probation by being arrested for a new |
| All misdeameanor plea agreements in Rhode lsland | | | | crime then the person may be held in Jail at the ACI |
| should be nolo contendere with court costs or a | | | | as a probation violater. After ten days a person has |
| contribution towards the victims indemnity fund rather | | | | the right to a hearing. At the probation violation hearing, |
| then guilty pleas! | | | | the prosecutor must only convince the judge so that |
| Alfred Pleas | | | | the judge is "reasonably satisfied" that the person |
| Alfred Pleas are strongly disfavored by judges in | | | | violated the probation by committing the new offense. |
| Rhode Island (RI) and are difficult to get. Alfred pleas | | | | Also the person will be prosecuted for the new |
| derive from a United States Supreme Court case. In | | | | offense as a separate charge from violating the |
| an Alfred plea, a defendant will admit that the state | | | | probation. There is a good chance that if a person is |
| has sufficient evidence to convict him or her if the | | | | violated for his probation that the probation which was |
| case went to trial but will not admit to anything. | | | | originally not a conviction will now ripen into a |
| DUI / Drunk Driving charges | | | | conviction. |
| In Rhode Island, any plea to drunk driving, driving under | | | | A probationary period is a time of great risk for a |
| the influence, DUI/ DWI is a conviction under Rhode | | | | defendant and a defendant must be careful to stay |
| Island law. A breathalyzer refusal plea of guilty or | | | | out of trouble! |
| "admitting to sufficient facts" is not a criminal conviction | | | | A person can also be violated for his probation for |
| because a breathalyzer refusal is a civil case. | | | | various infractions that may not be criminal acts but |
| Guilty Finding after Trial and appeals de novo | | | | that violate the conditions of probation such as not |
| If the defendant is found guilty after trial the sentence | | | | keeping probation informed of new adresses, leaving |
| will constitute a conviction. If a person is found guilty at | | | | the state without permission, not paying court costs or |
| trial in district court they can appeal de novo (of new) | | | | restitution, not properly reporting to the probation |
| to the Superior Court and the conviction will be erased | | | | officer, etc. When a person is under probation in |
| and the case will essentially start all over again in the | | | | Rhode Island he or she is essentially is in a contract |
| Superior Court. | | | | with the state to keep the peace, be of good behavior |
| Obviously, the defendants best result is either a | | | | and comply with the conditions and rules of probation. |
| dismissal by the prosecution or an acquittal. | | | | What is a probation with a suspended sentence in |
| A defendant has five days to file an appeal of a guilty | | | | Rhode Island? |
| finding after trial or appeal a plea agreement that he / | | | | If the charges are serious or the person has a lengthy |
| she is unhappy with. In the Superior Court appeal, the | | | | criminal record of has already been placed on |
| defendant has a right to a trial by jury. Whereas, in | | | | probation before then in addition to the probation, the |
| The District Court a person waives their right to a trial | | | | judge may attach a suspended sentence. A person |
| by jury but in exchange for their waiver of their right to | | | | who has a suspended sentence is in a period of |
| a trial by jury has the right to appeal any guilty finding | | | | extreme risk because a new offense could lead to |
| de novo (of new) to the Superior Court. A person | | | | substantial jail time! |
| charged with a misdemeanor essentially has two bites | | | | A suspended sentence is always a conviction under |
| of the apple so to speak. A defendant can attempt to | | | | Rhode Island law. A person with probation and a |
| win at a judge decided trial in District Court and then if | | | | suspended sentence attached will not spend anytime |
| they lose they can do it all over again with a jury trial in | | | | in prison unless the person violates the conditions of his |
| Superior Court. | | | | probation as set forth above. |
| What is a "filing" in Rhode Island? | | | | The period of the suspended sentence is the most |
| If the defendant takes a not guilty plea or a nolo | | | | time that a person could spend in prison if the person |
| contendere plea then the case will be "filed" for a year. | | | | violates the conditions of the probation or commits a |
| This is commonly called a "filing". If the defendant does | | | | new offense. If the person violates the probation, the |
| not get arrested or get in other trouble and complies | | | | judge could sentence the person up to the amount of |
| with the conditions of the filing during the one year | | | | time that is suspended. Please note that the person |
| period then the case is dismissed and can be easily | | | | could get additional sentence and or penalties as a |
| expunged from a person's record after the year. | | | | result of the new charge. It is in the defendants best |
| What types of filing are there in Rhode Island | | | | interest to have the period of suspended sentence to |
| There are two types of filings, not guilty filings and nolo | | | | be as short as possible. The suspended sentence |
| contendere filings. A not Guilty filing is when the | | | | typically is for the same amount of time as the period |
| defendant maintains his innocence and the case if filed | | | | of probation. |
| for a year. A not guilty filing is not usually allowed by | | | | Please note that if the offense is driving on a |
| Judges in the District Court. Not Guilty filings are | | | | suspended license there are special rules that apply |
| extremely rare in the District Court. Some judges will | | | | that are set forth in the statutes. |
| not allow not guilty filings as a matter of policy. Not | | | | Most prosecutors and judges believe that each |
| guilty filings are very beneficial to the defendant as the | | | | sentence should be more severe then the last. A |
| best case scenario short of a dismissal or not guilty | | | | person's first minor offense is likely to lead to only a |
| finding because if the person is accused of a new | | | | filing which is the lowest form of penalty in Rhode |
| crime or violating their filing the state will need to still | | | | Island. A person usually will only be allowed one filing. |
| prove their underlying case. | | | | It is important that this criminal law article be used for |
| A nolo contendere filing is when the defendant admits | | | | informational purposes only and not as a substitute for |
| to guilt and the case is filed for a year. The vast | | | | seeking legal advice from a Rhode Island lawyer. |