Motions to Dismiss for Lack of Criminal Prosecution in Rhode Island Felony Cases for Defendants Held Without Bail for More Than Six Months

When Defendants Can Be Held Without Bail in Rhode Island

Under Rhode Island Criminal Law, defendants charged with either a capital felony (a crime punishable by life imprisonment) or a felony drug trafficking offense punishable by 10 or more years of imprisonment may be denied bail while awaiting trial. Defendants who are denied bail on these grounds at arraignment in District Court have the right to a bail hearing.

If after a hearing the District Court still denies the defendant bail, he or she may move to dismiss the case if, after the passage of six months, the felony charges have not been filed in Superior Court. This is commonly known as the “six-month rule.”

Overview of Rhode Island’s Criminal Court Structure

By way of background, the Rhode Island Criminal Justice System consists of two trial courts: District Court and Superior Court. The system also recognizes two categories of offenses: misdemeanors (a crime punishable by up to one year or less in prison) and felonies (a crime punishable by more than one year in prison).

Misdemeanor prosecutions start and finish in District Court. They commence upon the filing of a criminal complaint against the defendant that sets forth the criminal charges. Felony prosecutions most often begin in District Court, also with the filing of a criminal complaint, but over time, are elevated to Superior Court via the filing of either a criminal information, or a grand jury indictment.

The Arraignment Process and Bail Decisions

Whenever a criminal charge is filed, the defendant is initially required to appear before the court for a procedure known as an arraignment. This when he or she receives notice of the charge(s), is called upon to enter a plea or response to the charge(s) (i.e. not guilty) and is most often released on bail. Most defendants are released on personal recognizance, or a promise to return to court in the future, as directed. Some defendants are required to pay cash, post a surety bond, or submit to conditions of bail, including, but not limited to home confinement. Those defendants who are charged with either a capital felony or serious drug trafficking offense may be denied bail, both at arraignment, and even after a subsequent bail hearing.

Relief Under Rhode Island General Laws § 12-13-6

Rhode Island General Laws (RIGL), Section (§) 12-13-6 provides some relief for defendants who are denied bail for either a capital felony or serious drug trafficking offense if he or she is not indicted or charged by criminal information in Superior Court, within six months after being initially detained.

After six months, if the defendant denied bail by the District Court has not been formally charged in Superior Court for the alleged conduct that caused him to be detained, he may file a motion to dismiss the criminal complaint for lack of criminal prosecution.

How and Where to File a Motion to Dismiss for Lack of Prosecution

Motions to Dismiss for Lack of Prosecution must be filed in the District Court where the charges are pending. The motion aims to dismiss the criminal complaint that contains the charges, which triggered detention. Once the motion is filed, it must be scheduled for hearing.

If on the hearing date, the charges have still not been elevated to Superior Court, the District Court will normally grant the motion, and order that the criminal complaint filed against the defendant be dismissed. Upon dismissal of the complaint, the previous order to hold the defendant without bail is automatically vacated, and the defendant is thereby released.

What “Without Prejudice” Means in These Cases

Motions to Dismiss for Lack of Prosecution are typically granted without prejudice. This means that the prosecution may refile the charges later, subject to any time restriction imposed by a statute of limitation. A trial court has the discretion to grant motions to dismiss with or without prejudice. Motions granted with prejudice mean that the legal matter is considered closed forever and cannot be revived.

Conversely, motions granted without prejudice leave the door open for the prosecution to refile the charge(s) in the future. In the Rhode Island Criminal Justice System, motions to dismiss in accordance with RIGL § 12-13-6 are almost always granted without prejudice, thereby enabling the Attorney General to refile the charges, if it desires, and when it desires, so long as the refiling occurs within the period prescribed by the applicable statute of limitations (i.e. within 5 years from the date of offense).

Protecting Defendants from Indefinite Detention

Motions to Dismiss for Lack of Prosecution in accordance with RIGL § 12-13-6 exist for the defendants’ protection. No defendant should be detained indefinitely while members of the prosecution and law enforcement community take their sweet time to investigate crimes, perfect their cases, and then file charges in Superior Court.

All defendants are presumed innocent, and pretrial detention should not be taken lightly or unnecessarily extended. Thus, where the prosecution is unable to get its case organized and filed within six months, those defendants who were ordered detained, at the prosecution’s request, shall be set free upon the dismissal of any pending charges.

Common Outcomes and Practical Effectiveness of These Motions

The effectiveness of Motions to Dismiss for Lack of Prosecution varies. In some circumstances, such as in drug cases where the crime lab takes an exorbitant amount of time to complete necessary drug testing, detained defendants often benefit from such motions after the passage of six months. However, these defendants most often face prosecution via the refiling of charges not long after dismissal.

Defendants may enjoy similar success in cases involving victim-based offenses where the prosecution experiences difficulties associated with uncooperative or unavailable witnesses. In other circumstances, upon receiving notice that a defendant moved to dismiss for lack of prosecution, the State may accelerate the preparation of its case and file it in Superior Court, just in time to defeat the defendant’s motion on the hearing date.

Legal Support and Next Steps for Detained Defendants

Defendants held for more than six months without bail should always explore the filing of a Motion to Dismiss for Lack of Prosecution by consulting with an experienced criminal defense lawyer. If you, a friend or a loved one has been detained without bail for six months or more on suspicion of a capital felony or serious drug trafficking offense, contact Rhode Island Criminal Defense Lawyer, John L. Calcagni III, for a free consultation at 401-351-5100.