What You Need to Know About Arraignment in Rhode Island
Facing criminal charges in Rhode Island can feel like walking into a hurricane without so much as an umbrella. And that first step—which is an arraignment in Rhode Island—can be downright terrifying when you don’t know what to expect.
But you aren’t at the end of your rope yet. As a criminal defense lawyer with over three decades of experience in Rhode Island, I’ve guided countless clients through the legal system, including felony and misdemeanor arraignments. With the right knowledge and support, you can confidently navigate this process and make well-informed decisions.
Keep reading to learn what to expect during your arraignment, your legal rights, and why having the right lawyer can make all the difference for your defense.
Key Takeaways
- Your arraignment is your first court appearance, during which your charges are formally presented
- You’ll enter a plea of either guilty, not guilty, or no contest
- Bail is often discussed and set during this stage
- Missing an arraignment can result in a bench warrant for your arrest
- Having a seasoned lawyer by your side is crucial for protecting your rights
What is an Arraignment in Rhode Island?
An arraignment in Rhode Island is the first formal step in the criminal justice process. During this court proceeding, the judge officially presents the charges against you, and you’ll need to enter a plea.
Sounds simple, right? Know that this hearing sets the stage for your entire defense strategy—it’s more crucial than you might think.
At your arraignment, the judge will:
- Read the charges against you
- Ask you how you plead: guilty, not guilty, or no contest
- Discuss bail and any conditions of your release
This isn’t a trial, which we’ll talk about later in this guide. But the decisions made here can significantly impact the outcome of your case. That’s why having an experienced attorney such as myself to advocate on your behalf is so important.
What to Expect at an Arraignment in Rhode Island
When you show up for your arraignment, the process is pretty straightforward, but every step matters. After hearing the charges, you’ll need to enter a plea. If you plead guilty, we might move straight to sentencing. But if you plead not guilty (which is often the smart move), the judge will set dates for pre-trial conferences or hearings.
Here’s what typically happens during an arraignment in Rhode Island:
- Reading of the Charges – The judge formally reads what you’re accused of
- Plea Entry – You or your lawyer enters a plea on your behalf
- Bail Determination – The judge decides if bail is necessary and how much
- Scheduling – Dates are set for upcoming court appearances, including pre-trial hearings
Having a knowledgeable defense lawyer by your side ensures your rights are fully protected. Plus, you won’t accidentally waive any key legal defenses—which can easily happen if you aren’t careful.
Is an Arraignment the Same as a Trial in Rhode Island?
Let’s clear this up: an arraignment isn’t the same as a trial. The arraignment is where you formally hear the charges and enter a plea. A trial, on the other hand, happens later if you plead not guilty and we can’t resolve the case through plea bargaining or dismissal.
During a trial, the prosecution presents its case, and your lawyer gets to challenge their evidence, cross-examine witnesses, and present your defense.
It’s where the real courtroom drama happens. The arraignment? It’s more like setting the stage for the main event.
How Soon After an Arrest is the Arraignment in Rhode Island?
In Rhode Island, the timing of your arraignment depends on the nature of the charges and whether you’re in custody. Typically, it happens within 48-72 hours after an arrest.
If you happen to get arrested on a weekend or holiday, there might be a slight delay. But the state generally moves quickly to comply with legal requirements.
If you’re out on bail, the arraignment might take place a few days or even weeks after the arrest, depending on the court’s schedule. Either way, it’s smart to hire an experienced RI criminal defense lawyer to guide you through it.
Legal Rights and Bail at Arraignments
At an arraignment in Rhode Island, the judge will review your legal rights, including your right to remain silent and your right to an attorney. It’s critical that you understand the charges and potential consequences.
We’ll also likely address bail, with the judge determining whether you’re eligible for release pending trial, and if so, under what conditions.
Factors that influence bail include:
- How serious the charges are
- Your criminal history (if any)
- Whether they think you might flee
Having a skilled defense lawyer can significantly affect the outcome of your bail hearing and whether you get to sleep in your own bed while awaiting trial.
Can I Have a Lawyer at My Arraignment in Rhode Island?
Yes, you can and absolutely should have a lawyer present at your arraignment. In fact, having an experienced criminal defense lawyer by your side is critical to ensuring the best possible outcome. As your attorney, I’ll:
- Help you understand the charges (in plain English, not legalese)
- Negotiate bail or other conditions of release
- Start formulating a rock-solid defense strategy
If you can’t afford a private lawyer, the court will appoint a public defender. But speaking from my decades of experience, having someone who knows the ins and outs of Rhode Island’s legal system can make all the difference.
What Happens if I Miss My Arraignment in Rhode Island?
Missing your arraignment in Rhode Island is a big mistake. If you fail to appear, the judge will likely issue a bench warrant for your arrest. This means the police can arrest you at any time, and you could face additional charges for failing to appear. It’s like adding insult to injury.
If you know you can’t make your arraignment, call me, S. Joshua Macktaz, immediately at (401) 861-1155. I might be able to request a postponement. Missing this critical step in the process could have lasting consequences for your case, and that’s not something we want.
Can an Arraignment Be Waived in Rhode Island?
In some misdemeanor cases, I might be able to waive your appearance at the arraignment, especially if you’re pleading not guilty. This is more common in less severe cases where both parties agree to move forward without a formal arraignment.
However, for felony cases, you’ll typically need to show up in person. The charges are more serious, and the court wants to make sure you fully understand what you’re facing. But even during a felony arraignment, you can have an attorney by your side for the entire process.
You Don’t Have To—And Shouldn’t—Face Your Arraignment Alone
Facing an arraignment in Rhode Island can feel overwhelming—to say the least. But with the right legal representation, you can navigate this process with confidence. I’ve helped countless clients through this critical first step, including fighting for their rights and working intensely towards the best possible outcome.
If you’re facing an upcoming arraignment in Rhode Island, don’t leave your future to chance. Give me a call today for a free consultation at (401) 861-1155. I’m available 24/7 because I know legal troubles don’t always happen during business hours– and my goal is always dismissal and expungement of your charges.