All about Arraignments

When a person is arrested, the next step is a public hearing in the District Court known as an arraignment. If the defendant has been held in jail following arrest, he or she will be brought to this hearing on the next business day. If not, the court will issue a summons, a legal notice of the time and place at which the defendant needs to appear. The purpose of an arraignment is to allow the defendant to enter a plea and the judge to set bail.

The Court

All non-traffic violations are arraigned in District Court. Misdemeanors are also usually tried and sentenced in the same court, at least to begin with. If the defendant feels he or she received an unfair trial or sentence, he or she can appeal the initial decision in the Superior Court. Defendants can also request to have their cases moved straight to the Superior Court.

Felony charges are usually arraigned in District Court as well, although they can only be completed in the Superior Court. As a result, most defendants in felony cases have to plead not guilty at their arraignments. Pleas of guilty or no contest can be entered later, in the Superior Court.

The Plea

At the arraignment, the defendant enters one of three pleas: guilty, not guilty, or no contest (nolo contendere). A no contest plea means that the defendant is not admitting guilt, but also agrees not to offer a defense. In Rhode Island, it is effectively the same as pleading guilty.

Whatever the circumstances, defendants are strongly encouraged to plead not guilty. This is because a plea of guilty or no contest is usually considered permanent; you can also change your mind and confess after pleading not guilty, but you can almost never recant a guilty plea. As a general rule, you should not make any decisions about your case before consulting a Rhode Island defense attorney.

Contact a Rhode Island Expungement Lawyer

Even if you are convicted, it does not need to follow you forever. Our state allows people convicted of non-violent crimes to have their arrests and/or convictions expunged, thus cleaning their records. To learn more, contact Rhode Island expungement attorney James Powderly at 401-662-9006.