Felony Proceedings in Rhode Island

Accusations of driving under the influence of alcohol can result in either a misdemeanor or a felony charge, depending on the severity of the situation. If a person has been charged with a felony, the resulting proceedings can be complicated. If you have been charged with a felony DUI, it is important to understand the order and significance of each upcoming court proceeding.

The Felony Process

After a person has been arrested, he or she is brought to the District Court. If the defendant is charged with a felony, he or she may not plead guilty or not guilty at this time. Instead, he or she must wait until later proceedings. After the charge is made, processes known as information charging and grand jury proceedings happen simultaneously:

• Information charging – In this proceeding, the case is presented to a prosecuting attorney by a prosecution officer from the police department. After reviewing the case, the attorney decides if there is enough evidence to further charge the defendant. If so, the defendant is charged with the crime, and if not, the defendant is not charged.
• Grand Jury proceedings – Neither the defendant nor a defense attorney are present at Grand Jury proceedings, and usually are not informed of the proceedings until after an indictment is reached. The case is presented to the Grand Jury by a prosecuting attorney. Witnesses, a police detective, and other professionals that may have been involved in the case testify.
• If there is insufficient evidence, the jury reaches a ruling of “no true bill,” the defendant is not charged, the case is dropped, and the proceedings are sealed. If the court decides to move forward with the case, they rule “true bill.” This results in an indictment in which the defendant is formally charged with the crime.

If the defendant is charged with the crime through either of these processes, the case moves forward to the Supreme Court. The defense and prosecution may try to reach an out-of-court arrangement through negotiation at a pre-arraignment conference, but if not, the defendant’s bail is reset and the case again moves forward toward a trial.

Another option for out-of-court settlement, this time through a plea bargain, is presented at the pre-trial conference. If a settlement is still not reached, the case moves to trial, where a defendant may be found guilty or not guilty of the crime and be subjected to sentencing.

Contact a Rhode Island Felony DUI Attorney

If you have been charged with a felony DUI, contact Rhode Island drunk driving defense lawyer James Powderly at 401-662-9006.