What happens at an arraignment in Providence

The Garrahy Judicial Complex at 1 Dorrance Plaza houses the District Court's Sixth Division, which covers Providence, Pawtucket, Central Falls, East Providence, Woonsocket, Barrington, Bristol, Burrillville, Cumberland, and Warren. Our office at 130 Dorrance Street is a two-minute walk away.

If you were arrested, police generally must bring you before a District Court judge without unnecessary delay. A summons tells you the date, time, and place to appear. Our Garrahy Judicial Complex guide has phone numbers and security rules.

Arraignment takes place in open court. The judge reads the complaint to you or states the substance of the charge, and you receive a copy of the complaint before you are asked to plead.

The judge also tells you that you have the right to a lawyer and that you do not have to make a statement and that anything you say can be used against you. If the charge carries more than six months in jail or a fine over $500, the court must tell you about your right to have a lawyer appointed and must appoint one unless you hire your own or choose to go without.

The court must also tell you that, if you are not a U.S. citizen, a guilty or nolo contendere plea may affect your immigration status.

On a misdemeanor, you are asked to plead. You can plead not guilty, guilty, or, with the court's consent, nolo contendere. If you refuse to plead, the court enters a not guilty plea for you.

After a not guilty plea, bail is set and a pretrial conference is scheduled. A guilty or nolo plea means the case is decided and you are sentenced. Before accepting either plea, the judge must question you directly to make sure you understand the charge and the consequences.

If the charge carries more than six months in jail, you have the right to a jury trial. If you give that up and a District Court judge finds you guilty, you can appeal to the Superior Court for a new trial before a jury.

Most felonies are first arraigned in the District Court, but you are not asked to plead there. A District Court judge sets bail, and if you are held without bail, a bail hearing may be held. For the most serious charges, the judge may send you to a Superior Court justice for the bail hearing within 48 hours, not counting weekends and holidays.

The case then goes to the Attorney General. A prosecutor either files a charging document called an information or presents the case to a grand jury, which can return an indictment. Offenses punishable by life in prison must be charged by indictment. If you are charged, the case moves to the Superior Court, where you are arraigned again and bail is reset.

The Rhode Island Constitution says excessive bail shall not be required. It also says people held on criminal charges ought to be bailed. The exceptions, when the proof of guilt is evident or the presumption great, are offenses punishable by life, certain repeat offenses involving a dangerous weapon, and serious drug offenses carrying 10 years or more.

In setting bail, the judge considers the charge and its circumstances, the weight of the evidence, your ability to pay, your character, and the policy against holding people unnecessarily before trial. The court can require sureties, accept cash, or release you on your written promise to appear. Every bail carries the condition that you keep the peace and be of good behavior.

If you cannot post bail, you may be eligible for pretrial release or reduced bail. The court can release you on conditions such as supervision instead of money, and the District Court's Pretrial Services Unit monitors many of them.

The Rhode Island Judiciary gives this advice for any court date:

Missing court can lead to a warrant for your arrest. A plea entered at arraignment can affect your record, your license, or your immigration status. Talking with a lawyer first means you walk in knowing what to say about bail and whether to plead.

We are in downtown Providence, a two-minute walk from Garrahy. We can meet you before court, review the complaint, and stand with you when your case is called. The first conversation is free.