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What to Do After Being Arrested in Rhode Island

The first 24 hours after a Rhode Island arrest often determine the next two years of your life. Exercise your right to remain silent under the Fifth Amendment, request a lawyer under the Sixth Amendment, refuse consent to searches under the Fourth Amendment, and use your one phone call to contact a lawyer rather than family. Arraignment happens within 24 to 48 hours. Call Rory Munns at 401-573-2265 anytime.

What to Do After Being Arrested in Rhode Island

An arrest in Rhode Island is one of the most disorienting experiences a person can go through. The next few hours often determine the next few years of your life. Knowing what to do after being arrested in Rhode Island and what NOT to do is the difference between a case that gets resolved favorably and a case that compounds with every wrong decision. This page covers your rights, the booking process, arraignment, bail, and the most common mistakes people make in the first 24 hours. Call Rhode Island Criminal Defense Lawyer Rory Munns at 401-573-2265 anytime, day or night.

Stay Calm and Exercise Your Right to Remain Silent

One of the most important rights you have after an arrest is the right to remain silent. Anything you say to law enforcement can be used against you in court. You are not required to answer questions about the incident, your location, your activities, or anything else. Politely inform the officers that you are exercising your right to remain silent. Do not provide explanations. Do not try to talk your way out of the situation. People who think they can clear things up by explaining usually make their cases significantly worse. Let your lawyer do the speaking for you.

Request a Lawyer Immediately

You have the right to ask for a lawyer and to have one present during any questioning. As soon as you are taken into custody, clearly state that you want to speak with a lawyer. Once you make this request, the police must stop asking you questions until your lawyer arrives. Do not waive this right under any circumstance. Having legal representation from the start protects your rights and prevents you from accidentally saying something that could harm your case. If the police continue questioning after you have requested a lawyer, repeat the request, do not answer, and remember everything that was said for your lawyer.

Use Your Phone Call Wisely

In Rhode Island you have the right to make a phone call within one hour of being arrested. Use this call to contact a lawyer. The police are not permitted to listen if you call your attorney, though calls to family or friends are not protected. This call is your opportunity to begin building your defense. Avoid calling family first if it means burning your one protected call. A lawyer can advise you on what to do next, contact the courthouse on your behalf, help arrange for bail, and call your family for you. Save the number of a Rhode Island criminal defense lawyer in your phone today, before you need it.

Do Not Consent to Searches

You have the right to refuse consent to a search of your person, vehicle, or home unless the police have a valid search warrant. If an officer asks for permission to search, you can clearly state that you do not consent. Simply refusing cannot be used as evidence of wrongdoing. If the police have a warrant or a valid legal exception, they will proceed with the search regardless. Do not physically resist. Do state your objection clearly so it appears on the body camera and in the report. Consent searches are the source of many drug, weapon, and evidence cases that defense lawyers successfully challenge later when consent was unclear or coerced.

Do Not Sign Anything Without Your Lawyer

Do not sign any documents or papers presented by law enforcement without your lawyer present. The only exception is the inventory list of your personal belongings that the police create during booking. Signing a waiver, a statement, or any other document without legal advice can waive important constitutional rights or provide evidence against you. Police interrogation rooms are designed to make people comfortable enough to sign things they should not sign. Wait until your lawyer has reviewed everything, even if the wait is uncomfortable.

Understanding the Booking Process in Rhode Island

After an arrest you will go through a booking process at the police station. This involves recording your personal information, taking your fingerprints and photographs, conducting a background check, and inventorying your belongings. This process is standard administrative procedure. Cooperate with the administrative steps but continue to exercise your right to remain silent regarding the circumstances of your arrest. The booking process can take several hours, especially during busy shifts or on weekends. Your lawyer will handle the legal details and start working on bail and arraignment scheduling in the background.

The Rhode Island Court Process After an Arrest

Understanding the court process can help you know what to expect. The specific path your case takes depends on whether the charges are misdemeanors or felonies and where the alleged offense occurred.

Arraignment

Your first formal appearance in court is the arraignment. This typically happens within 24 hours on weekdays or within 48 hours if you are arrested over a weekend. At the arraignment the charges against you are presented formally, you enter a plea (usually not guilty at this stage), and the judge sets bail. Even if a bail commissioner has already set your bail, you must still attend a formal arraignment in District Court. This hearing is a critical step in the process, and having counsel at arraignment can change the bail decision and the conditions of release significantly.

Misdemeanor vs. Felony Court

In Rhode Island, misdemeanor cases are handled entirely in District Court. Felony cases begin in District Court for the initial arraignment and bail hearing. The Attorney General then has up to six months to decide whether probable cause exists to move the case to Superior Court for jury trial. Rhode Island has four District Courts and four Superior Courts, located in Providence, Kent, Washington, and Newport counties. Your case will be heard in the court covering the location of the alleged offense. For more on the system see our Rhode Island District Court page.

Pre-Trial Conference

A pre-trial conference is typically scheduled for about two to three weeks after the arraignment. During this meeting, the prosecution provides the defense with evidence related to the case. This is the phase where your lawyer reviews discovery, identifies weaknesses in the state's case, files motions to suppress unlawfully obtained evidence, and discusses potential plea options. Most Rhode Island cases resolve at the pre-trial stage rather than going to trial.

Appeals

If you are convicted in Rhode Island District Court, you have the right to appeal the decision to the Superior Court. This type of appeal is known as a de novo appeal, meaning you receive a completely new trial. A new trial gives your defense another opportunity to present the case before a different judge or jury. Your lawyer can advise you on whether an appeal is the right option for your situation.

Bail Options in Rhode Island

Bail is determined based on several factors including the severity of the charges, your criminal history, your ties to the community, and whether you are considered a flight risk. There are several bail options available:

  • Release on personal recognizance: You are released without paying money, based on your promise to appear in court.
  • Set bail: The court sets a specific amount that must be paid in cash or through a surety bond.
  • Held without bail: In serious cases the judge may order you to remain in custody without the option of bail until the case is resolved or until a further bail review.

Your lawyer can argue for the most favorable bail conditions during your arraignment, and can request a bail review hearing if circumstances change.

Important Considerations for Specific Situations

Detention Without Arrest

Police in Rhode Island can detain you on reasonable suspicion for up to two hours without officially arresting you. If you are detained over a weekend, you must be brought to court within 48 hours. On weekdays, you must be brought within 24 hours. Even if you are not yet formally charged, you still have the right to remain silent and the right to ask for a lawyer. The same rules apply to investigatory stops and roadside detentions.

If You Are Undocumented

If you are undocumented, do not disclose your immigration status to the police. You have the right to remain silent. Inform only your lawyer about your status, since they can advise you on how to proceed and protect your rights. Mixing criminal and immigration matters is complex, and certain criminal convictions can trigger automatic removal proceedings. Your lawyer needs to know the full picture to provide proper legal advice and explore alternatives that protect your immigration status.

Why You Need a Rhode Island Criminal Defense Lawyer Now

An arrest is just the beginning of a legal process that can be complex and intimidating. Having an experienced Rhode Island criminal defense lawyer by your side from the first hour makes a significant difference in protecting your rights and building a strong defense. Rory Munns has practiced criminal defense across Rhode Island and Massachusetts for over a decade, with his office at 127 Dorrance Street directly across from the J. Joseph Garrahy Judicial Complex. He provides his personal cell phone number to every client because the most important calls in a criminal case do not happen during business hours.

If you or a loved one has just been arrested, call Rhode Island Criminal Defense Lawyer Rory Munns at 401-573-2265 right now. The consultation is free, the call is confidential, and the clock is already running on your case. For broader Rhode Island criminal defense information see our Rhode Island Criminal Defense Lawyer page. For information on clearing a past case from your record after the case is over see our Rhode Island expungement page.

Rory's downtown Providence office is conveniently located next to the J. Joseph Garrahy courthouse at 127 Dorrance St, Providence, RI 02903.

Rhode Island Arrest Defense Lawyer Office

RI Post-Arrest Defense Attorney

Criminal Defense Attorney Rory Munns
RI Criminal Defense Lawyer - What to Do After Being Arrested in Rhode Island

127 Dorrance St
Providence , RI 02903

Phone: 401-573-2265

Frequently Asked Questions

Can criminal charges be dismissed in Rhode Island?

Yes, in some cases charges can be reduced or dismissed due to lack of evidence, improper police procedures, or legal defenses. An experienced lawyer can evaluate your case and identify possible strategies.

Can I refuse a search of my car after a Rhode Island traffic stop?

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.

Do I have to do field sobriety tests at a Rhode Island traffic stop?

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.

Do I need a lawyer after being arrested in Rhode Island?

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

How fast does bail get set after a Rhode Island arrest?

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.

How long can police hold me without charging me in Rhode Island?

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.

How long can police hold you after an arrest?

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

How much does RI Criminal Defense Attorney Rory Munns charge for a consultation?

All consultations and case reviews are free with Criminal Defense Attorney Rory Munns

Should I talk to the police if I am arrested in Rhode Island?

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.

What happens if I cannot afford a lawyer after a Rhode Island arrest?

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.

What rights do I have during a Rhode Island arrest?

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.

What should I do if I get arrested in Rhode Island?

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.

What should I do if I’ve been arrested in Rhode Island?

You should remain silent, avoid discussing your case with anyone, and contact a lawyer immediately. What you do after an arrest can significantly impact the outcome of your case.

Who is the best criminal defense lawyer in Rhode Island?

Criminal Defense Attorney Rory Munns is a partner in the highest rated and most reviewed DUI and criminal defense law firm in Rhode Island. With over 1,300 positive reviews in Google alone, Rory and his Partner has set themselves apart from the field as a leading Providence, Rhode Island criminal defense attorney. With an office conveniently located directly across the street from the Courthouse in Downtown Providence, Rory will take calls from people awaiting their hearing that decide at the last minute not to put their future in the hands of a public defender as he is right there to help.