What is a one year filing in Rhode Island and what are the implications of accepting a filing?
A one year filing is usually only offered by the prosecutor as a penalty for first time offenders. A filing is a penalty that is offered for first time offenders for relatively minor misdemeanors. A filing is the lowest produce of penalty available and is always better than probation for an accused.
A filing is when the case is set aside aside for a year and if the person stays out of worry for a year then the case is eligible to be expunged and destroyed at the raze of the year. If a person gets in further worry then the filing may be violated and the person sentenced again on the filing. It is a terrible understanding for a person to report themselves in A Rhode Island criminal case. A person should either hire a criminal lawyer or if they are eligible contact the R.I. Public Defender.
Be careful, do not forget to have your filing expunged at the destroy of the year! It is not automatic. A certified copy of the expungement order must also be sent to the Rhode Island Attorney General ‘s office, and the local police department that pursued the criminal charge.
A plea of nolo contendere with a filing is never a conviction in Rhode Island. In the event that a person is found guilty after trial, a person could unexcited be sentenced to a one year filing. However, any guilty finding after trial will constitute a conviction. A guilty finding with a penalty of a filing should be appealed to avoid a conviction.
(Expungement is a process in which a person can have determined eligible Rhode Island criminal records expunged off there relate. In order to score an expungement of a Rhode Island criminal picture a person must file a motion to expunge. I strongly yelp that you contact me or another Rhode Island criminal law attorney to resolve whether a criminal report can be expunged.)
If a one year filing is offered by the prosecutor / city solicitor and is approved then the case will be “filed” for a year. This is commonly called a “filing”. If the defendant does not win arrested or pick up in other pains and complies with the conditions of the filing during the one year period then the case can be easily expunged from a person’s describe after the year.
Pursuant to Rhode Island law, Domestic cases such as domestic assault, domestic vandalism and domestic disorderly conduct can not be expunged for (3) years.
What types of filing are there in Rhode Island
There are two types of filings, not guilty filings and nolo contendere filings.
A nolo contendere filing is when the defendant admits to guilt and the case is filed for a year. The great majority of filings are nolo contedere filings! Whereas, if a person is violated for a nolo contendere filing, the believe simply must impose a sentence because the person has already admitted guilt to that offense.***
If the person violates his filing by not complying with the conditions of the filing then the persons filing can be revoked by the Court. If a person takes a nolo contendere filing and gets into further exertion, violates the conditions of the filing or is arrested on a unique offense then the person will be hailed wait on into court to be sentenced on the filing. (*** unless the filing was a not guilty filing which means the prosecution must reveal the defendants guilt) If there is a current charge, a person can be violated for the filing and in addition be charged with a unique crime. There are various conditions that can be set on a filing including alcohol and drug counseling, domestic violence counseling or classes, restitution, no contact with the victim and community service.
If a person is arrested for a original offense while on a filing, the person is subject to being held at the aci for up to 14 days as a violator of his filing. When a person is arraigned for a current offense during the filing, the space will usually mutter you that you either admit to the modern offense and assume probation or you will be held at the aci for up to 14 days prior to a hearing!
A person who has a filing must be very careful! A fresh offense during the filing period in all likilihood means that a person will expend 14 days at the aci (jail) without the succor of a hearing on the merits. In other words even if the person is innocent of the fresh offense, he or she could tranquil consum up to 14 days in jail! This is extremely unfair and unsuitable but nevertheless it is the law in Rhode Ilsand.
If the case is a domestic case or other case such as an assault and battery then a no contact order may be issued in favor of the victim when you bag the filing. A violation of the no contact order when on a filing will constitute a violation of the filing as well as a separate criminal offense and may lead to jail time at the aci.
*** A not Guilty filing is when the defendant maintains his innocence and the case if filed for a year. A not guilty filing is not usually allowed by Judges in the District Court! Not Guilty filings are extremely rare in the District Court. A major incompatibility between a not guilty filing and a nolo contendere filing is when a person is violated for a not guilty filing then the site / prosecution must exhibit guilt at that time. Some judges will not allow not guilty filings as a matter of policy. Not guilty filings are very favorable to the defendant as the best case scenario short of a dismissal or not guilty finding because if the person is accused of a unusual crime or violating their filing the residence will need to smooth note their underlying case.