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RI · rules

R.I. Dist. Ct. R. Crim. P. 9

Proceedings Before a District Judge

activein force · 2024-02-01 – presentact-effective-date

(a) Appearance Before A District

Judge. 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 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.

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

before whom the defendant appears pursuant to summons shall inform the defendant

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

defendant's right to retain counsel. 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 shall admit the defendant to

bail as provided in these rules. If the offense charged is punishable by imprisonment

for a term of more than six (6) months the judge shall inform the defendant (i) that

the defendant has a right to request the assignment of counsel if the defendant is

unable to obtain counsel and (ii) that the defendant has a right to trial by jury in the

first instance but, in the event the defendant chooses to waive that right and to stand

trial in the District Court without a jury and is found guilty, the defendant is entitled

to appeal that judgment to the Superior Court where the defendant will receive a trial

de novo before a jury.

Provenance

Source
courts.ri.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
a90447b0ce01ac20a3f528e9ab8ac22d462f2e5f9f3999fd7cbfe47cc4397b58
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