Understanding the Felony Screening and Criminal Information Process in the Rhode Island Criminal Justice System
This article is designed to educate defendants and members of the public about the felony screening and criminal information charging process in the Rhode Island Criminal Justice System. All felonies are prosecuted by the Office of the Rhode Island Attorney General in Rhode Island Superior Court. Therefore, this office is responsible for felony screening and criminal information charging processes that result in felony charges being filed in court.
Contents
Misdemeanor vs. Felony Crimes
The criminal justice system consists of misdemeanor and felony crimes. In Rhode Island, misdemeanors are defined as offenses punishable by up to one year in prison. Felonies are defined as offenses punishable by more than one year in prison. Capital felonies are those limited crimes that are punishable by up to life imprisonment, and may only be charged by the grand jury indictment process. Examples of capital felonies include rape, robbery, first degree sexual assault, arson, kidnapping, and certain drug trafficking offenses. All other felonies (the vast majority of felonies) must undergo the screening and criminal information process in order to be filed in Superior Court.
Role of the Attorney General’s Office
As stated above, all felonies in Rhode Island are prosecuted by the Attorney General’s Office, also known as the AG’s Office. All criminal charges, to include felonies, must be supported by probable cause before filed in the court system. The AG’s Office is legally responsible for screening all felony criminal charges for the existence of probable cause before such charges are filed against a defendant in Superior Court.
Arrest and Initial Court Proceedings
In most instances, crimes are investigated by police. When police have reason to believe a crime has been committed, they cause the person suspected of committing the to be arrested and charged. When a defendant is arrested for a felony in RI, the charges are filed in District Court for the limited purpose of bringing the defendant before the court, informing him or her of the charges, ensuring the defendant has legal representation, and addressing the issue of bail. Thereafter, evidence in support of the case is provided by the arresting agency to the AG’s Office for screening to determine the existence of probable cause and supporting evidence. If so, felony charges are then filed in Superior Court by way of the criminal information process.
The Screening and Charging Process
Felony screening and criminal information process consists of collaborative effort between prosecutors from the AG’s Office and the police officers and/or detectives who investigated a particular crime. The prosecutors and police work together to finalize and perfect the investigation to include, but not limited to the collection and testing of evidence, interviewing of witnesses, acquisition of video surveillance and documentation, and more. The scope and details of an investigation vary widely on a case-to-case basis. Once the investigation is complete, the documents and materials yielded by the investigation are organized and assembled into a packet, known as a criminal information package. This package includes a charging document, called a Criminal Information, that lists the criminal charges against the defendant, along with the supporting documentation. Once assembled, this package is filed in Superior Court, thereby initiating a Superior Court felony prosecution.
Timeline and Legal Considerations
There is no set time limit or restriction on the felony screening and criminal information process. It normally takes approximately six months from the time of arrest to charges being filed in Superior Court. Depending on the case type, complexity, and other factors, the process may take more than six months. Defendants held without bail for more than six months, whose charges have not yet been filed in Superior Court, may reapply for bail or dismissal of their charges. However, if charges are dismissed under these limited circumstances, they may be refiled at a later date by the AG’s Office, subject to any applicable statute of limitations that bars the filing of criminal charges after the passage of time.
Legal Assistance
If you are charged with a felony in Rhode Island and have questions about the felony screening and criminal information process, contact Top Rated Rhode Island Criminal Defense Lawyer, John L. Calcagni III, at (401) 351-5100.