If you’ve been charged with a crime in Rhode Island, you’re likely feeling overwhelmed, anxious, and unsure of what happens next. The idea of going to trial can be terrifying, especially if you have no prior experience with the criminal justice system.

But you still have options. As a former Rhode Island state prosecutor with over 30 years of experience in criminal law, I’ve guided countless clients through this complex process.

Understanding how a criminal trial works in Rhode Island is the first step toward regaining control of your situation and preparing a strong defense. Having represented thousands of clients in courtrooms throughout Rhode Island, I’ve seen firsthand how proper preparation and aggressive representation can make all the difference in the outcome of your case.

What Are the Steps in a Criminal Trial in Rhode Island?

A criminal trial follows a structured process that I’ve navigated countless times from both sides of the courtroom—first as a prosecutor and now as a defense attorney. Here’s a detailed breakdown of what you can expect:

1. Jury Selection (If Applicable)

If your case goes to a jury trial, the process begins with jury selection, also known as voir dire.
Both the prosecution and I will question potential jurors to identify and remove those who cannot be impartial.
My extensive courtroom experience allows me to identify jurors who may be biased against defendants, a critical skill many less-experienced attorneys lack.

2. Opening Statements

The prosecution goes first and outlines their case against you.
As your defense attorney, I’ll then deliver a compelling opening statement that establishes doubt about the prosecution’s case.
Having worked as a prosecutor, I know exactly how the state builds its arguments—and how to counter them effectively.

3. Presentation of Evidence

The prosecution presents its case first, calling witnesses and submitting evidence.
I will aggressively cross-examine each prosecution witness to challenge their credibility, accuracy, and reliability.
My years of trial experience have honed my cross-examination skills—a critical factor in weakening the state’s case.

4. Defense’s Case

After the prosecution rests, I’ll present your defense if strategically beneficial.
This may involve introducing evidence, calling defense witnesses, or having you testify (though this is never required).
Sometimes, the strongest strategy is to not present evidence if the prosecution has failed to meet its burden of proof—a judgment call that requires significant trial experience.

5. Closing Arguments

Both sides summarize their case in closing arguments.
With 30+ years of trial experience, I know how to deliver persuasive closing arguments that resonate with Rhode Island juries and judges.
I’ll emphasize the reasonable doubt in the prosecution’s case and reinforce the strongest aspects of your defense.

6. Jury Deliberation and Verdict

The jury (or judge in a bench trial) deliberates to decide whether you are guilty or not guilty.
If the jury cannot reach a unanimous decision, it results in a hung jury and potential mistrial.
My goal in every case is to secure a not guilty verdict or dismissal of all charges.

If you are found not guilty, the case is over, and you are free to go. If found guilty, we move to the sentencing phase, where my extensive experience with Rhode Island’s criminal justice system becomes even more valuable in advocating for the most lenient possible sentence.

Understanding Your Rights in a Criminal Trial

As someone who’s spent 30 years in Rhode Island’s criminal courts, I ensure that all my clients fully understand and exercise their Constitutional rights:

The Right to an Attorney — And not just any attorney, but one with the experience and knowledge to effectively defend you.
The Right to Remain Silent — You are never required to testify, and I will ensure your silence is not used against you.
The Right to Confront Witnesses — My aggressive cross-examination techniques hold prosecution witnesses accountable.
The Right to Present a Defense — I will strategically introduce evidence and call witnesses that support your case.

These rights form the foundation of your defense, and I leverage them to their fullest extent in every case I handle.

Can I Represent Myself in a Rhode Island Criminal Trial?

While you technically have the right to represent yourself (pro se representation), in my 30 years of experience in Rhode Island’s criminal courts, I’ve never seen this end well for the defendant. Here’s why:

Prosecutors in Rhode Island are highly skilled professionals who handle hundreds of cases each year.
The rules of evidence and criminal procedure are complex and unforgiving—mistakes can permanently damage your case.
Judges must remain neutral and cannot help you navigate court procedures or legal challenges.
Without legal training, you’ll likely miss critical opportunities to challenge evidence or preserve issues for appeal.

I’ve watched many defendants regret their decision to represent themselves. The stakes in a criminal trial are simply too high to risk proceeding without experienced legal representation.

The Role of the Judge and Jury in Rhode Island Criminal Trials

In my decades of experience in Rhode Island courts, I’ve learned that understanding the roles of judges and juries is crucial to developing an effective trial strategy:

The judge enforces courtroom procedures, rules on objections, instructs the jury on the law, and determines sentencing if you’re convicted.
The jury evaluates the evidence presented and decides whether the prosecution has proven guilt beyond a reasonable doubt.

You also have the right to a bench trial, where a judge—not a jury—decides your fate. Having tried countless cases before both judges and juries in Rhode Island, I can advise you on which option is more advantageous for your specific case. This strategic decision alone can significantly impact the outcome of your trial.

What Are the Main Courthouses for Criminal Trials in Rhode Island?

If you’re facing trial in Rhode Island, your case will be heard in one of these superior courts, each with its own judges, prosecutors, and procedures:

Providence County Superior Court — The state’s largest courthouse, handling cases from Providence and surrounding areas.
Kent County Superior Court — Located in Warwick, handling cases from central Rhode Island.
Washington County Superior Court — Serves South County and surrounding communities.
Newport County Superior Court — Covers cases from Newport and its surrounding towns.

Why Experience Matters in Your Rhode Island Criminal Defense

When your freedom, reputation, and future are at stake, who stands beside you in court matters immensely. Here’s why my experience sets me apart from other Rhode Island criminal defense attorneys:

Former Rhode Island State Prosecutor — I know exactly how the state builds its cases and where their weaknesses typically lie.
30+ Years of Criminal Trial Experience — I’ve successfully handled thousands of criminal cases throughout Rhode Island.
Personal Representation — I personally handle every aspect of your case.
Aggressive Advocacy — I fight relentlessly for dismissals and acquittals.
Available 24/7/365 — Criminal charges don’t just happen during business hours.

If you or a loved one is facing criminal charges in Rhode Island, don’t leave your future to chance. Call me, S. Joshua Macktaz, today at (401) 861-1155 for a free consultation.