Hearing that you’re being criminally charged is always a scary experience. Understanding the “legal-ese” of what you’re up against is no small feat. But the more you know, the easier and less stressful things will be for you.
That’s why we put together this FAQ on what a “Filing” is in a misdemeanor case in Rhode Island. Keep reading to learn what a one-year filing means for you, and why hiring an RI criminal defense attorney is the best path forward.
What is a one-year Filing in Rhode Island?
A one-year Filing in Rhode Island is a type of penalty reserved for misdemeanor cases. Here are some other key aspects:
- In most cases, only offered to first-time offenders
- Your case is basically “paused” for one year (your court file is placed in a file cabinet for one year), then dismissed if you’ve committed no further violations
- Your case is also automatically sealed after 1 year
- The exception is domestic offenses, which are eligible for sealing after 3 years
Another important distinction is that you can have multiple one-year Filings active at once.
The typical charges that warrant a Filing include shoplifting, harassing phone calls, failure to relinquish a phone, reckless driving, cyber-harassing, cyber-stalking, domestic disorderly conduct, simple domestic assault, and simple assault.
All in all, a one year Filing is among the most lenient penalties for Rhode Island criminal offenses. If you aren’t arrested for new charges and don’t violate the conditions of your Filing for 1 year, your case is dismissed.
And remember, your case will be automatically, too. Complying to the conditions of your filing is the fastest way to put all of this behind you.
Under Rhode Island law, what are the different kinds of filing?
There are 3 separate types of Filings in Rhode Island:
- Guilty Filing. This type is most common if you’re found guilty after undergoing a full trial. These are very rare.
- Not guilty Filing. This means you plead not guilty. The prosecution must prove your guilt beyond reasonable doubt if you attend a violation hearing. These are also very uncommon.
- Nolo-contendere Filing. You admit to the facts of the case without pleading guilty. The vast majority of RI Filings fall into this category.
Nolo contendere Filings are ideal, which is why they’re the most common. Guilty Filings will always result in a conviction upon violation, unlike nolo contendere.
Is it OK for me to accept a plea deal from the prosecution without hiring an RI criminal defense attorney?
No, you should never accept a plea deal from the prosecution before consulting with your criminal lawyer. You see, it’s true that plea deals can be better than the worst-case scenario you’re facing, but a skilled and dedicated RI criminal defense attorney knows what the “deals” should be.
Whether you’re facing a one year Filing penalty or wondering if your case is eligible, hiring legal representation is the best investment you can make.
Can I get my one year Filing sentence expunged at the end of the time period?
Filings don’t get expunged; they get sealed instead. You see, first-time offenders don’t go through expungement– that’s reserved for when you plead guilty or if you’ve been convicted.
But setting aside the terminology difference, yes, you can get your filing sealed at the end of the time period. Best of all, it’ll be sealed automatically– no extra paperwork required on your part.
How do new criminal charges impact my Filing?
If you receive new criminal charges during your one year filing in RI, the outlook isn’t good. You’re automatically subject to a 14-day holding period at the ACI (jail) without a hearing. Basically, even if you’re innocent, getting charged warrants up to 2 weeks in jail.
You’re also at risk of being charged and punished for the new crime, on top of the penalties for the Filing violation. It’s absolutely crucial that you stay out of trouble and avoid risky situations during this time period.
What are the penalties if I violate my Filing?
If the court determines you’ve violated your one year Filing, they can sanction you in several ways:
- Your filing may be converted into a probation period
- You may receive a suspended jail sentence with your probation (If you violate probation, you serve jail time)
- You may be immediately sentenced to jail time
- The judge may go easy on you and continue your previous filing
- You may be given a chance to comply with the terms of your filing by a set date
Working with a successful and focused Rhode Island criminal defense attorney can help you avoid the most serious potential penalties.
What happens during a Rhode Island Filing violation hearing?
During an RI Filing violation hearing, you can expect:
- To be formally notified of the grounds of your supposed violation
- The right to cross-examine witnesses against you
- The right for you and your lawyer to present your own evidence and witnesses
- The judge to make the final verdict, rather than a jury of your peers
Under Rhode Island state law, you’re guaranteed the above rights at this hearing. But in most scenarios, the presentation of evidence won’t be necessary. It’s most likely that you, your lawyer, the prosecution, and the judge will reach an agreement or resolution before you get to evidence.
If the state can’t meet the burden of proof, they’ll withdraw their violation accusation.
This can happen when:
- They don’t have suitable witnesses
- You’ve fallen into compliance with the Filing before the hearing
- The supposed violation occurred before your filing period officially started.
In a nutshell, it’s possible for your Filing violation to be withdrawn or dismissed. And if this happens, your case will be automatically sealed after 1 year. Your lawyer will be a huge help in preparing for this hearing and achieving this outcome.
Why you need a Rhode Island criminal defense attorney for your Filing Penalty
Now you have a clear understanding of one year filings in Rhode Island and how they relate to your misdemeanor charges.
But this knowledge can’t replace legal representation from an experienced, focused RI criminal defense attorney.
You see, even being accused of violating your Filing can have harsh and immediate consequences. And the prosecution will do absolutely everything within their power to see you convicted.
If you or a loved one is facing a one year Filing or is accused of violating one, contact us right away. We’re open 24/7/365 because these things often happen outside of standard “business” hours. Call the RI Criminal Defense Law Firm of S. Joshua Macktaz, Esq. at (401) 861-1155 for your FREE consultation now!
