What to Do After Being Arrested in Rhode Island

A bail commissioner may set initial bail at the police station within hours of a Rhode Island arrest, depending on the charge and time of day. A formal bail hearing happens at the arraignment, typically within 24 hours on weekdays or 48 hours over a weekend. At arraignment a judge reviews the bail amount and conditions, hears arguments from the prosecution and the defense, and can adjust the bail. Common outcomes include release on personal recognizance for first-offense misdemeanors, cash or surety bail for more serious charges, and held-without-bail for the most serious felony cases. A lawyer at arraignment can argue for the lowest possible bail and most favorable conditions.

If you cannot afford a lawyer after a Rhode Island arrest, you have the constitutional right to a public defender. The court will assess your financial eligibility at arraignment and appoint a Rhode Island Public Defender lawyer if you qualify. Public defenders are skilled lawyers, but they typically carry hundreds of cases at once. For serious charges, many defendants who can stretch their resources choose to hire a private criminal defense lawyer for the dedicated attention the case demands. A private lawyer can often be retained on a payment plan and can give your case the bandwidth a public defender cannot.

No. Field sobriety tests in Rhode Island are voluntary. You can politely decline to perform the walk-and-turn, one-leg stand, or horizontal gaze nystagmus tests, and your refusal cannot be used to convict you of DUI on its own. The breathalyzer test is a different matter. Under Rhode Island's implied consent law, refusing the breathalyzer triggers a separate civil charge and an automatic license suspension regardless of whether you are convicted of DUI. Field sobriety tests are designed to produce evidence the prosecutor can use against you. Most defense lawyers advise declining them and asking to speak with a lawyer before deciding on the breathalyzer.

No. Do not talk to the police about the circumstances of your arrest, the alleged offense, your location, your activities, or anyone else involved. The only information you should provide is your name, address, and basic identifying information. Anything else you say, even innocent-sounding statements, can be used against you in court. Politely state that you are exercising your right to remain silent and that you want to speak with a lawyer. Repeat this if officers continue to question you. People who think they can clear things up by talking to the police almost always make their cases significantly worse.

Rhode Island police can detain you on reasonable suspicion for up to two hours without arresting or charging you. After an arrest, you must be brought before a judge for arraignment within 24 hours on weekdays or within 48 hours if your arrest happens over a weekend. If police hold you longer than these statutory limits without charges, that detention can be challenged in court, and any statements you made during the unlawful detention may be excluded from evidence. Even during a legal detention you retain your right to remain silent and your right to ask for a lawyer.

During a Rhode Island arrest you have the right to remain silent under the Fifth Amendment, the right to a lawyer under the Sixth Amendment, the right to refuse consent to searches without a warrant under the Fourth Amendment, the right to know the charges against you, the right to make a phone call within one hour of arrest, the right to be brought before a judge within 24 to 48 hours, and the right to challenge bail at arraignment. You also have the right to refuse to sign waivers of your rights. These rights apply whether you are a citizen, lawful resident, or undocumented person. Exercise them.

Yes. You can refuse consent to a search of your car after a Rhode Island traffic stop unless the police have a valid warrant or a recognized warrantless-search exception. Politely state that you do not consent to the search. The officer may proceed anyway if they have probable cause or believe an exception applies, but your refusal preserves your ability to challenge the search later in court. Many drug, weapon, and DUI cases in Rhode Island are dismissed when defense lawyers prove the search was unlawful. Never physically resist, but always state your objection clearly so it appears on the body camera and in the report.

The first three things to do after a Rhode Island arrest are: stay calm, exercise your right to remain silent, and request a lawyer. Do not try to explain yourself to the officers. Do not consent to any searches. Do not sign anything except the inventory list of your personal belongings during booking. Use your one phone call within the first hour to contact a Rhode Island criminal defense lawyer, not friends or family. Your lawyer can contact your family for you. Calling a lawyer first preserves the protected attorney-client conversation and starts the bail and arraignment process immediately.

It depends on the circumstances, but you are typically held until bail is set and you make bail, or until your arraignment.

Yes. Even for minor charges, a lawyer can help protect your rights and potentially reduce penalties.