Rhode Island Probation and Bail Violations

Published 09/29/2020

Hire An Experienced RI Probation/Bail Violation Defense Attorney

While you are on Probation or Bail in Rhode Island you must “Keep the peace and be of good behavior.” If you fail to do so, you may be declared a probation or bail violator and sentenced to a period of incarceration.

As a prosecutor and now a defense attorney, I have handled countless violation hearings. I know how to find weaknesses in the State’s case, and I know when it’s the proper time to fight the violation. Don’t leave your fate and future to overworked attorneys that happen to get your case. Chose the best and protect your freedom and future.

What Can You be Violated For?

You can be violated for something as minor as not checking in with your probation officer or failing to timely notify them of an address change. You can also be violated for committing new crimes, failing to abide by the conditions of your bail or probation or leaving the state without permission.

Violation Notice is Filed

Probation, Pre-Trial Supervision, or the Attorney Generals Office may file a probation violation (known as a 32f due to the Rules of Criminal Procedure) or file a bail violation (known as a 46g). At this time, they will give you a copy of the notice and give you formal notice of their intentions to “violate you.” They will make a request as it relates to bail pending your hearing. Then it is up to the Judge to make their determination

Denied Bail Prior To Hearing

Most defendants are held without bail pending the “violation hearing.” A judge will look to the nature of the charge you are on probation or bail for. They will also look at the nature of the new charge, your ties to the community, your criminal record, and your history of failing to show up to court when deciding bail.

Lower Standard of Proof

A Judge need only be “Reasonably Satisfied by a Preponderance of the Evidence” that you failed to keep the peace and be of good behavior.  This is a very low standard to prove, is it more likely than not (51% to 49%) that you did something you were not supposed to do.

Greater Exposure to Lengthy Jail Sentences

As a bail violator you can be held without bail up to 90 days. This change of bail status does not enjoy the benefit of good time credits.

As a probation violator you can be sentenced to the full amount of probation that you have outstanding. Since you have already admitted your guilt to the charge and were sentenced on the underlying charge the Court has great leeway to sentence you as they see fit for probation violations.

Don’t leave your fate and future to over-worked attorneys that happen to get your case. Chose the best and protect your freedom and future.

Call Me for a FREE Case Evaluation if you or someone you know was charged as a Violator of Probation or Bail.

Protect your rights and get an experienced Violation attorney to protect you!

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