If you’ve just been charged with a crime in Rhode Island, your mind is probably racing with questions. Can these charges be dropped? Can they at least be reduced to something less serious? Will this ruin my life?
The truth is, there are legitimate legal pathways to reduce or discharge criminal charges in Rhode Island. But let me be clear—these outcomes don’t happen automatically.
As a former Rhode Island Special Assistant Attorney General with over 30 years of experience defending clients in every courthouse across this state, I know both sides of the table. And I know that winning one of these outcomes requires strategic legal work, solid grounds, and aggressive representation from an attorney who knows exactly how the Rhode Island criminal justice system works.
In this guide, you’ll learn the main pathways available to reduce or discharge your charges, what each one means, and what it takes to pursue them successfully.
Understanding the Difference: Reduction vs. Discharge
Before we dive into your options, let’s clarify what we’re talking about:
- Charge reduction means lowering the severity of your charges. For example, a felony might be reduced to a misdemeanor. The goal is to face lesser penalties and avoid the most serious consequences on your record.
- Discharge means ending the case or releasing you from penalties entirely. This typically happens before conviction (referred to as dismissal).
Both can happen at different stages of your case, and the right pathway depends on where you are in the legal process and the specific facts of your situation.
The Three Main Pathways to Reduce or Discharge Charges in Rhode Island
The good news is that you have a few different potential opportunities to get your charges reduced or discharged. Depending on your case, you might qualify for one or more of these options.
1. Case Dismissal: Getting Charges Dropped Before Conviction
Dismissal is the gold standard. It means your case ends before you’re ever convicted—no guilty plea required.
In Rhode Island, charges can be dismissed for several reasons:
- Lack of evidence. Sometimes prosecutors file charges before they have enough evidence to prove guilt beyond a reasonable doubt. An experienced RI criminal defense attorney can challenge weak cases and push for dismissal.
- Constitutional violations. If police violated your Fourth Amendment rights through an illegal search or seizure, any evidence obtained unlawfully can be thrown out. Without that evidence, the prosecution’s case often falls apart.
- Procedural errors. The criminal justice system has strict rules. When law enforcement or prosecutors fail to follow proper procedures, we can file motions to suppress evidence or dismiss the case entirely.
- Witness problems. If key witnesses refuse to cooperate, recant their testimony, or fail to appear in court, the state’s case weakens significantly.
- Illegal evidence. Evidence obtained through unlawful means can be excluded, which can significantly reduce the prosecution’s ability to move forward.
Dismissals come in two types:
- Dismissed with prejudice – Charges can’t be refiled.
- Dismissed without prejudice – Charges could potentially be refiled within the statute of limitations.
Obviously, dismissal with prejudice is what you want.
2. Charge Reduction Through Plea Bargaining
If outright dismissal isn’t on the table, plea bargaining might be your next best option. This is where your attorney aims to negotiate with the prosecutor to reduce the charges or recommend a lighter sentence in exchange for a guilty plea.
Common reductions in Rhode Island include:
- Felony reduced to misdemeanor
- Multiple charges reduced to a single charge
- First-degree charge reduced to second-degree
- Dropped charges in exchange for pleading to one remaining charge
The negotiation process involves back-and-forth between your attorney and the prosecution. The thing is, prosecutors are more willing to negotiate when they know their case has weaknesses.
And as a former prosecutor myself, I know exactly what the state looks for when deciding whether to offer favorable terms.
3. Pretrial Diversion Programs
Rhode Island offers pretrial diversion programs for certain offenses, particularly for first-time offenders and non-violent crimes. These programs allow you to complete specific requirements—like drug treatment, community service, or educational classes—in exchange for having your charges dismissed upon successful completion.
Diversion isn’t automatic. You have to qualify, and the prosecutor has to agree. But if you’re eligible and you complete the program, your charges are dismissed, and you can often pursue expungement to clear your record entirely.
Diversion programs vary by jurisdiction and charge type, but common options include drug court and other specialty courts designed to address underlying issues rather than simply punish.
How Likely Is a Judge to Reduce or Discharge Your Case?
Every case is different, and the likelihood of a judge reducing or discharging your sentence depends on multiple factors:
- The strength of the prosecution’s evidence. Weak evidence increases your chances of dismissal or favorable plea negotiations. Strong evidence makes it harder—but not impossible.
- Your criminal history. First-time offenders typically have better odds of diversion programs or favorable plea deals. Repeat offenders face tougher scrutiny.
- Nature and severity of the charges. Violent felonies are harder to reduce or discharge than non-violent misdemeanors. That doesn’t mean it can’t happen—it just means you need a stronger strategy.
- Quality of your legal representation. An attorney who knows the judges, understands the prosecutors’ strategies, and can spot weaknesses in the state’s case gives you the best shot at a favorable outcome.
What Happens If Your Charges Are Reduced or Discharged
The outcome depends on which pathway you took.
For dismissals, if your case is dismissed with prejudice, it’s permanently closed. The prosecution can’t refile. You can then pursue expungement to remove the arrest from your record entirely.
For reduced charges, you’ll face lesser penalties, a better outcome on your record, and potentially avoid the most serious consequences like felony convictions.
No matter which pathway applies to your case, the goal is always the same: protect your freedom, your reputation, and your future.
Don’t Leave Your Freedom to Chance
Your freedom, reputation, and future are on the line. Reducing or discharging charges can be the difference between a criminal conviction and moving forward with your life.
As a defense attorney with over 30 years of experience—including time as a prosecutor—I’ve helped countless Rhode Island families navigate these exact pathways. I know what works. I know how prosecutors think. And I know how to fight for the best possible outcome in your case.
If you’ve been charged with a crime in Rhode Island and want to explore whether dismissal, charge reduction, or discharge is possible in your case, don’t wait. Call me, S. Joshua Macktaz, Esq., at (401) 861-1155 right now. I’m available 24/7 for a free consultation. Time is critical—let’s start building your defense today.
Frequently Asked Questions
How can I get a criminal case dismissed in Rhode Island?
Getting a case dismissed requires identifying legal grounds—like constitutional violations, lack of evidence, or procedural errors—and filing the appropriate motions with the court. You need an experienced attorney to spot these grounds and argue them effectively.
Prosecutors can also voluntarily dismiss charges if they recognize weaknesses in their case. An aggressive defense strategy increases the likelihood of dismissal.
Can I negotiate a plea deal in Rhode Island criminal court?
Yes. Plea bargaining is common in Rhode Island. Your attorney negotiates with the prosecutor to reduce charges or recommend lighter sentencing in exchange for a guilty plea. The process involves back-and-forth negotiation, and having an experienced attorney who knows how prosecutors think gives you significant leverage.
Not all cases qualify for favorable plea deals, but an attorney can assess your situation and pursue the best possible outcome.
How likely is the judge to reduce or discharge a criminal case in RI?
There’s no one-size-fits-all answer. Likelihood depends on the strength of the prosecution’s evidence, your criminal history, the nature of your charges, and the quality of your legal representation. First-time offenders facing non-violent charges typically have better odds.
An experienced attorney significantly improves your chances by identifying weaknesses in the state’s case, filing strategic motions, and negotiating aggressively on your behalf.
