Understanding Arrest Procedures
You may have seen many arrests on television, but the experience is very different when you are arrested in Rhode Island. Let’s go over the basics of the process.
When you are arrested, the police must inform you of your rights under the law. They will read you the Miranda warnings, which explain that you do not have to speak to the police. Anything you say, however, can be used against you in court. You also have the right to an attorney, and if you cannot afford one, a public defender will be assigned. If you request a lawyer, the police must stop questioning you immediately.
What Happens at the Police Station
At the station, you will be photographed and fingerprinted, and the police will collect basic information such as your name, address, race, and gender. They may ask for your permission to search your possessions, such as a backpack or purse. You can consent, but you are not required to. If you refuse, the police must obtain a search warrant before proceeding.
You will also be allowed to make one phone call within an hour of being arrested in Rhode Island. Calls to an attorney are private and cannot be monitored. While in custody, you may be asked to sign forms, which should always be reviewed by a lawyer before signing. In some cases, the police may drop charges and release you. For misdemeanors, they may issue a summons requiring you to appear in court later.
Bail and Release Options
Sometimes a bail proceeding is necessary. A bail commissioner may come to the station, or you may go to court for a bail hearing. Bail can be set either as a promise to return at a later date (release on your own recognizance) or by paying the required amount.
If you have been arrested in Rhode Island or fear you may be soon, it is important to act quickly. Contact an experienced criminal defense attorney immediately. Inman & Tourgee can provide guidance—call (401) 823-9200 or reach out online to discuss your case today.
