What happens at a DUI Arraignment in Rhode Island?

If you have a criminal DUI charge, you may have to appear in court several times. After leaving the police station, you may be wondering what’s going to happen and what you should do. No matter what your criminal charges are, the very first step of your case in court is going to be the Arraignment. This post is intended to help explain what happens at a DUI Arraignment in Rhode Island.

What is an Arraignment in Rhode Island?

An Arraignment is the beginning of the criminal procedure court process. In this first appearance the judge will formally read you the charges that you have. You will then have to enter a plea and if you plead not guilty, the judge will decide the status of your bail moving forward. The judge is also going to try to determine who your lawyer is going to be on the case. They will then give you a date to come back for a Pretrial Conference.

Let’s do a further breakdown of how the Arraignment process works in Rhode Island:

• You are in court because you have been charged with a crime. It is possible the police have arrested you and taken you to the police station. There you were booked – they took your picture, fingerprints and your personal information. They likely gave you a summons to appear in court for your Arraignment or they brought you right to court for your Arraignment.

After this, your first appearance to the court is the Arraignment.

• At the Arraignment, the judge will ask your name, date of birth and address. This is to confirm that the court has the correct information and they have the correct defendant. They also need to know the correct address because they need your mailing address in case they need to send notices to you.

Then, they will officially read your charges. All of these charges will be based on what happened that day and what the police report says. At this point, you have to enter a plea of one of the following:

• Guilty: you’re admitting guilt to what happened. At this point you will be sentenced by the judge during the Arraignment or on a later date. If you plead guilty you have to be aware of the consequences: besides having an immediate sentence, you’re waiving your right to defend yourself. You won’t be able to change your mind later if you plead guilty.
• Not Guilty: you’re not admitting guilt to the charges. You will enter the pre-trial phase. This is when you can fight the charges and make the prosecution prove the allegations against you.
• Nolo Contendere: also known as nolo or no contest. You’re not disputing or contesting the charges. This will likely yield the same results as pleading guilty: you are saying you did it and you won’t be able to defend yourself or change your mind later.

It is important that you understand that the vast majority of the time, you won’t defend yourself or provide any type of evidence during an Arraignment for DUI. You will formally know your charges and depending on how you plead, you will either have to appear on a pre-trial or be immediately sentenced.

What happens when you plead Not Guilty at a DUI Arraignment in Rhode Island?

After you plead not guilty at a DUI Arraignment, the court will set your bail conditions. They will tell you if you have any type of special or particular conditions or restrictions with your bail or if you have to pay for your bail. Most of the time, for first offenders, the court won’t set a monetary bail but if you have a criminal history and you have a tendency of skipping court, then you may have a monetary bail with conditions. It is also possible with more serious DUI offenses, such as, DUI’s that cause serious bodily injury or death, you are likely to have more conditions on your bail.

What is a Pretrial Conference in Rhode Island for a DUI?

A pre-trial or Pretrial Conference for a DUI happens about 2-3 weeks after the Arraignment. During those weeks it starts the discovery process. Your DUI defense lawyer will gather all the relevant information about your case: police reports, videos, body camera, station video and any type of relevant evidence from your case. Here your defense lawyer will start to formulate a strategy for your case.

During the pre-trial, your DUI defense lawyer and the prosecution will make sure that everyone has all the relevant information about your case and, depending on the situation and context, there’s a chance that the prosecution and the defense lawyer will start or get to a negotiation about how to resolve your case. It’s probable that there will be more than one Pretrial Conference. Some cases have several Pretrial Conferences.

Can my DUI charges be dropped during an Arraignment in Rhode Island?

It’s improbable that any DUI charge will be dropped during an Arraignment. A skillful DUI defense lawyer may be able to identify very obvious errors from the police: how they handled your arrest, mistakes during the booking process or faulty procedures during the arrest and booking process.

Please be aware that this is not common and it is recommended that you have an experienced and skillful DUI defense lawyer that knows how to navigate the legal world to help you during the DUI Arraignment.

More information about DUI Arraignments on Rhode Island

• It’s ideal that you appear at the Arraignment with your lawyer. They will have the knowledge of what to do during this time and they can request lower bails or explain particular circumstances, etc.
• If you don’t have a lawyer, you have to avoid getting swayed by the prosecution. If you already have made the choice of pleading not guilty, you should stand by that and don’t change your mind.
• It’s important that you dress appropriately for the court. You need to show that you’re being serious and show respect to the court.
• You need to know where the court is and be on time. Avoid getting late and getting into issues by not showing up.

Why should you hire Ellison Law LLC?

Facing a criminal or a DUI can be really difficult and taxing. We also know that it can be extremely tricky and confusing to navigate the legal world, that’s why we recommend that you hire the DUI defense lawyers at Ellison Law LLC, who will be able to help you during the Arraignment, pre-trial and trial phase of a DUI. Reach out by calling us at 401-230-5520 or contact us through our website to help you craft a defense.