R.I. Dist. Ct. R. Crim. P. 5

(a) Appearance Before the District

Court. Unless otherwise provided by statute, an officer making an arrest under a

warrant issued upon a complaint shall take the arrested person without unnecessary

delay before a judge of the District Court as commanded in the warrant. Any person

making an arrest without a warrant shall take the arrested person without

unnecessary delay before a judge of the District Court as commanded in the warrant.

Any person making an arrest without a warrant shall take the arrested person without

unnecessary delay before a judge of the District Court for the division in which the

arrest was made or in which the crime was committed. When a person arrested

without a warrant is brought before a judge, a complaint shall be filed forthwith.

Whenever an arrest shall be made, the arrested person shall be afforded a prompt

hearing for the purpose of admission to bail before a judge of the District Court or

an officer authorized to bail persons; if the arrest is made pursuant to warrant and

the amount of bail has been endorsed on the warrant, the person shall also be entitled

to be taken promptly before an officer authorized to accept bail. If a defendant is

charged with any of the offenses set forth in § 12-13-1.1 of the General Laws of

1956 (1969 Reenactment), the judge of the District Court before whom the defendant

has been brought may order that the defendant be brought before a justice of the

Superior Court as soon as practicable, but not later than forty-eight hours thereafter,

not counting any intervening Saturday, Sunday or legal holiday. The justice of the

Superior Court before whom the defendant is brought pursuant to such order shall at

that time either hold a bail hearing or set a hearing date, which shall be the earliest

practicable date for the hearing to be held.

(b) Statement by the Judge. The judge before whom the defendant is brought shall

inform the defendant of the complaint against the defendant and of any affidavit filed

therewith, of the defendant's right to retain counsel, of the defendant's right to request

the assignment of counsel if the defendant is unable to obtain counsel, and of the

defendant's right to have a preliminary examination. The judge shall also inform the

defendant that the defendant is not required to make a statement and that any

statement made by the defendant may be used against him or her. The judge shall

allow the defendant reasonable time and opportunity to consult counsel and, where

authorized by statute, shall admit the defendant to bail as provided in these rules.

(c) Preliminary Examination. The defendant shall not be called upon to plead. If

the defendant waives preliminary examination, the judge of the District Court shall

forthwith hold the defendant to answer in the Superior Court. If the defendant does

not waive examination, the judge shall hear the evidence within a reasonable time.

The defendant may cross-examine witnesses against him or her and may introduce

evidence in his or her own behalf. If from the evidence it appears to the judge that

there is probable cause to believe that an offense has been committed and that the

defendant has committed it, the judge shall forthwith hold the defendant to answer

in the Superior Court; otherwise the judge shall discharge the defendant. The judge

shall, where authorized by statute, admit the defendant to bail as provided in these

rules. After concluding the proceeding the judge shall transmit forthwith to the clerk

of the Superior Court for the appropriate county all papers in the proceeding and any

bail taken by him or her.