Prosecution Seminar

Roger Williams University
Justice System Training
and Research Institute
May 31, 2019

 Purpose of the Seminar

This seminar is to serve as a primer for
new prosecution officers, and as a
refresher for officers and supervisors in
the area.

 The Presenters
• Malena Lopez Mora, Esq.
– Special Assistant Attorney General

• John C. Malloy, Esq.
– Special Assistant Attorney General
– West Warwick Police Dept. Captain (Ret.)

 Areas to be Covered

District Court
Process for Felony Screening

RI Family Court
RITT

DISTRICT COURT

Topics
•
•
•
•
•
•
•
•
•

Special Arraignments
Arraignments and Re-Arraignments
Bail
Bail & Probation Violations
Pre-Trials
Trials
Sentence Enhancements
E-Filing
APRA Considerations

 Special Arraignments
• Defendant has a right to be brought before
a magistrate without unnecessary delay.
• To that end, Justices of the Peace, or Bail
Commissioners (BC’s), are able to
conduct special arraignments at any time
that the court is closed.
• BC’s come at regular intervals if there are
prisoners ($50), but may be called in
overnight hours if requested ($200).

 Special Arraignments
• Since the arraignment can happen at any
time, there should be officers trained in the
process available on all shifts
• BC’s phone numbers should be kept in an
accessible location at all times.

 Special Arraignments
• Presentation of Charges
– Not Guilty Plea enters

• Bail Set
– BC will use the same criteria for setting bail as
a District Court Judge.
– BC fee assessed – This is not bail, but a fee
paid to the BC.

 Special Arraignment Packet
•
•
•
•
•
•
•

Complaint
Arrest report or warrant
Criminal history
Appearance forms
NCO (domestic OR non-domestic)
If a violator, 32(f) or 46(g) paperwork
If hold is anticipated, writ of habeas corpus and
mittimus.
A sample packet found in Exhibit B

 NCO’s at Special Arraignment
• Often, persons who are being committed
to the ACI do not have an NCO issued at
the special arraignment. This becomes an
issue when the person calls the victim
from the ACI and there is no NCO in
effect.
• Please have any officer/detective request
an NCO at all special arraignments
involving a personal crime, whether it be
domestic or not (Use Form for Domestic)

 Summons
• A District Court Summons may be issued
to an arrestee for a non-domestic
misdemeanor.
• This summons is done in lieu of a special
arraignment.
• District Court made forms for traffic
summons.
• A sample summons is found at Exhibit H.

 Hospital Arraignments
• If a person is charged with an offense and
will be in the hospital for more than a day,
arraigning at the hospital may be the
logical choice.
• The BC will accompany you to the
hospital, and, if the defendant is held,
custody may be turned over to the
Sheriff’s Department.

 Arraignments and Re-Arraignments
If a person is released with a
summons, (s)he is given a court date to
appear for arraignment before the
district court. Similarly, a person who
has appeared at a special arraignment
will be re-arraigned, that is, (s)he will be
presented before the district court for
initial plea and bail again.

 Arraignments: Lock-Ups
If a person is held after arrest and brought to
the courthouse by the arresting agency, they are
brought to the sheriff’s lock-up.
In that event, two things need to be done: 1)
a fax must be sent to the cell block before the
prisoner is brought there, and, 2) the paperwork
must be submitted to the clerk’s office prior to 9
a.m. (for overnight lock-ups).

 Arraignments and Re-Arraignments
• Similar to Special Arraignment, this is a
presentation of a defendant for initial
charging.
• The Court may take a plea at arraignment
in misdemeanors, but cannot for felonies.
• Bail is set for felonies and not guilty pleas
on misdemeanors.

 Arraignments and Re-Arraignments
• The Court will have the complaint, and will
explain the charges to the Defendant.
• You must be prepared to recite the facts of
the case for the Court.
• A good rule highlight names and important
facts. This aids in finding them when the
judge asks.

 Arraignments and Re-Arraignments
• If there is any type of bail violation, you
should be ready with an offer from the
Dept. of Attorney General, or speak with
the Probation Officer in the Court.
• You must be ready with a bail
recommendation, conditions, and No
Contact Order info.

 Arraignments
Controlled Substances
• Judge Lafazia issued an order in early
2019 that requires police prosecutors to
inquired with the Attorney General’s Office
regarding the AG’s stance on bail in a
controlled substances case. In short, the
Court does not want to hold someone
without bail on a delivery charge that will
probably be dropped to a simple
possession.

 Special Considerations
for Non-US Citizens
When a non-US national is arrested, the
arrestee has the right to have their
consulate notified, and, in some cases,
notification to the consulate is mandatory
See Exhibit I for notification paperwork
and rights

 Bail Violators
• Standard
– When a person is placed on bail, they pledge
to “keep the peace and be of good behavior.”
A violation may be found if, to the reasonable
satisfaction of the court, that they have not
done so.

 Probation Violators
• Likewise, when a person is placed on
Probation, they pledge to “keep the peace
and be of good behavior.” A violation may
be found if, to the reasonable satisfaction
of the court, that they have not done so.

 Violators
• Before going to the arraignment or doing a
special arraignment, the prosecuting
officer must examine the defendant’s
record to see if (s)he is in violation of bail
or any sentence.
• In the event that the Defendant is in
violation, the probation department and/or
AG’s office must be notified.

 Violators – Special Arraignment
• In the event that the person is to be
arraigned before a BC, the Department of
Attorney General must be notified through
BCI.
• BCI gives the number of the on-call AG,
who will provide an email address.
• The AG receives the paperwork, and
emails a signed violation to you to present
to the BC.

 Probation Violations
• At arraignment, the probation department
will present a complaint for violation of
probation (32(f)).
• Violators will often plea to both the new
charge and the probation violation rather
than face being held for a hearing and
getting a heavier sentence.

 Bail Violators
• Similarly, a 46(g) violation will be
presented for a bail violation. You have
the responsibility to prepare this
document, they are available in the
courtrooms.
• This has the same standard as a probation
violation.
• See Sample 46(g) and 32(f) at Exhibit F.

 No Contact Order
• In Domestic Cases, you are required to
request an NCO pending resolution of the
case or an order to vacate the NCO by the
Court.
• Whether or not there is a place to put
them, write the DOB’s of both the
defendant and the victim somewhere on
the NCO

 Bail
The purpose of bail is not preadjudication punishment, rather, it is
to ensure that the defendant will
appear at the appointed time.
Bail must be conditions that are the
least restrictive to assure the
defendant’s appearance in court and
the safety of the community.

 Bail – Persons Posting
• Bail will first be applied to any fines or
costs that are part of the case.
• The person posting bail is entitled to have
it returned. If bail is posted at the PD, you
should get a photo ID from the person
posting.
• If the person refuses to provide ID, the
money will go to the defendant.

 Bail Considerations
•
•
•
•
•
•
•

Ties to community
Employment
Financial resources
Family Background
Education
Criminal History
Prior instances of failing to appear for court
dates.
• Any other information that would indicate
whether the defendant will voluntarily appear in
court.

 Types of Bail
• Personal Recognizance (PR): a promise to
appear. Failure to appear may, theoretically,
result in the person having to pay the court the
amount set.
• Surety Bail: An amount set, 10% of which is
required to be deposited to the court for release.
A pledge of property can be used in lieu of
depositing cash
• Cash Bail: A monetary amount set by the court
that must be deposited, in full, for release. It is
rarely granted.

 Bail Amounts
• For Petty Misdemeanors punishable up to
six months/$500 fine, the baseline is $500
PR
• For Misdemeanors with a punishment up
to $1000, the baseline is $1000 PR
• For Felonies with 5 years/$5000 fine, the
baseline is $5000 Surety or PR
• Capitol offenses are hold without bail
(HWOB)

 Arguments for High Bail
•
•
•
•
•

History of non-appearance
Out of state resident
Likelihood of conviction
Danger to the Community
Prior Criminal Record

If any of these are present, you may
argue for higher bail.

 Hold Without Bail Offenses
• Some offenses are not bailable, and the person
will be ordered held.
• These are all capital offenses, as well as some
drug offenses that are not capital. Further, the
use of a weapon in a new offense by someone
already convicted of using a weapon in a
previous offense, or any person already
convicted of an offense that is punishable by life
in prison is non-bailable.

 Conditions of Bail
When placed on bail, a person released
may be given special conditions that, if
violated,
are
bail
violations,
not
immediately arrestable criminal offenses.
A report must be prepared stating the facts
of the case, then a 46(g) is prepared and
signed by an AG. The 46(g) is then
signed by a judge and acts as a warrant
for the person’s arrest.

 Bail Conditions
• No Driving – usually after previous DWI.
• Supervised Bail
• Substance abuse screening, counseling, and
other services through pre-trial services.
• Home Confinement
• Waivers of extradition
• Curfew
• Waiver of Fourth Amendment rights
• NCO with victim or property
• No Internet Access in Child Porn cases

 Bail Violations
No Contact: Unlike a No Contact Order
for domestic cases, an order of no contact
with a victim or premises is a bail
condition, and must be brought as such. It
is not arrestable in and or itself without a
warrant.

 Forms
Some conditions of bail have their own
forms that must be completed:
• Waiver of 4th amendment rights
• Waiver of extradition
• Permission to leave the state
See Bail forms at Exhibit K

 Plea
In the event that the Defendant is
willing to enter a plea of guilty or nolo
contendere, you should be ready with an
offer. This will be done by examining their
prior history, current sentences, and
possible violations.

 Offers – Suspended License
• 1st offense (civil) - $250 fine & Court Costs
• 2nd offense (civil)- $350 Fine & Court Costs

• 3nd offense - $500 Fine & Court Costs
Default Judgment may enter in Civil Cases

 Offers – Suspended License
• Considerations for 31-11-18.1 Cases
– Suspensions for:
•
•
•
•

DUI
Chemical Test Refusal
Operation involving death or Manslaughter
Three Violations/Colin Foote Suspensions (no jail)

• $500 and 10 days (20 Home Confinement) for 1st
offense.
• $500 and Six Month Minimum for 2nd offense witin
five years.

 Offers – Suspended License
• Stay Date: If a person can get his license
reinstated, a six week stay date may issue
for dismissal of case, or down to lesser
charge (3rd becomes 2nd).
• As noted, having the number (and dates)
of previous violations on the complaint
streamlines the process.

 Offers
•
•
•
•
•
•

No Priors: Filing
Probation
Suspended Sentence (year and a year)
Alcohol/drug counseling
NCO’s
Restitution

 Convictions
•
•
•
•
•

Any Guilty Plea
Jail Sentence
Suspended Sentence
Any fine
Any deferred sentence

 Not Convictions
•
•
•
•

Filing
Probation
Community Service
Contribution to Victim’s of Crime Fund

 Types of Pleas
• Guilty – This is a conviction regardless of
what the court imposes as a sentence.
• Nolo – The defendant admits
responsibility. Whether this is a conviction
depends on the sentence.
• Alford Plea – the defendant admits that the
state could prove the case, but does not
admit responsibility. Again, conviction is
controlled by the sentence.

 Entering a Plea
• Defendant enters Guilty or Nolo.
• You recite facts, and state agreement to
the offer.
• The Defendant must complete a Plea
Form.

Plea form is found in Exhibit L.

 Discovery
• After the arraignment, a discovery motion is to
be expected. Most of these motions are
overbroad, asking for irrelevant information.
• Start by sending a copy of the arrest report,
witness statements, and other related
paperwork.
• For further inquiries by defense counsel,
questions and decisions should be left to your
solicitor.
• See Exhibit E for a sample discovery motion.

 District & RITT Discovery - DUI
• When a Defendant appears in RITT,
counsel may ask for full discovery.
• Only the refusal packet needs to be
provided in RITT.
• Other items are to be provided through
District or Superior Court Discovery.

 Pre-Trial
• This is an opportunity for the Solicitor to
assess the facts of the case and make
another offer to the defendant.
• If the Defendant is going to be represented
by the PD or a private attorney, (s)he is
usually represented at this point.
• Most cases are disposed of at this point
whether by plea or by dismissal (see 48(a)
at Exhibit D).

 Trial
• Trials are handled by the solicitor, but you
may (and probably) will be responsible for
subpoenaing witnesses, maintaining
evidence, and assisting with the trial.
• Be familiar with the facts of the case, as
your assistance is generally relied upon
greatly by the solicitor.

 Other Duties
• Arrest Warrants: As part of your job as a
prosecution officer, you will be charged
with bringing pending arrest warrants to
courts to be signed.
• Arrest warrants include a sworn affidavit
prepared by another person. Be familiar
with the facts, but do not guess if you do
not know.
• A sample arrest warrant is in Exhibit B

 Other Duties
• Search Warrants: Similarly, you may be
charged with having search warrants
signed.
• A search warrant includes an affidavit and
a complaint. You will sign as the
complainant, but the affidavit should
already be complete.
• A sample is found in Exhibit M

 Expungements
• Law passed in 2017 that allows for up to
five (5) misdemeanors to be expunged.
• Expunging is not destroying, it is sealing
and removing from active files.
• Expungement law found at Exhibit P.

 Fugitive from Justice
• If a person is wanted in another state, and the
pursuing agency confirms that they will extradite,
the person is charged as a fugitive from justice.
• This charge is on a separate complaint form,
and, if the person waives an extradition hearing,
a separate form is completed.
• A sample of these forms are found at Exhibit C.

 Status Inquiry
• If a person is suspected of being in the US
illegally, you can perform a check of the
person via RILETS.
• If a foreign national is arrested, you must
notify that person’s embassy or consulate.
• The process for checking status and for
contacting consulates is found at Exhibit I.

 Sentence Enhancements
• DWI – A person’s blood alcohol content
determines the charge. A listing of the
enhancements are found in Exhibit J.

 Sentence Enhancements
• Hate Crimes – If a crime involves a motive
of race, religion, etc., the sentence can be
enhanced as a hate crime. Notice must
be given to the Defendant of the
enhancement sought. The Hate crime
Statute is found at Exhibit N.

 Sentence Enhancements
• Domestic Violence
• 2nd violation: Imprisoned for not less than
ten (10) days nor more than one (1) year.
• 3rd and subsequent violations: Imprisoned
for not less than one year and not more
than ten years; jail sentence cannot be
waived or suspended.
• A previous Domestic Disorderly Conduct
cannot be used a conviction as a basis for
3rd offense.

 E-Filing Issues
• Tyler Technologies partnered with RI in efiling in the civil side in 2014. RITT soon
followed, and District will be going live in
the near (?) future.
• Although Departments are not using e-file
yet, the court is using the Tyler based
system, which allows for greater
accessibility for the public.

 E-Filing Issues
• ZIP Codes – Tyler’s program will duplicate
a persons with the same name and DOB
but with a different ZIP Code.
• The Court records civil OSL’s as (CVL) but
IMC has no corresponding code – use (V)
(civil charges cannot be expunged).
• Always lead with the highest charge – if
you lead with a misdemeanor and follow
with a felony, Tyler assigns the case to a
misdemeanor track.

 E-Filing Issues
• Offenses that have additional penalties for
subsequent offenses will have “1st” “2nd”
etc. in IMC. This will carry to the Tyler
system. You should examine Banner
before completing the complaint, as
changing the complaint will be difficult.
• The same “AR” number can be used for
civil and criminal, but separate complaints
must be filed.

 E-Filing Issues
• Joinder – the same AR can be used for
arrests that are related by incident OR
type.
• Different AR’s must be used for separate
offenses not related in time or type.
• Put another way - If it would no make
sense to have one trial for all of the
charges, use separate AR’s.

 E-Filing Issues
Informants – if a person will work with
SIU/SOG/Narcotics, filing a complaint
should be avoided. The matter will show
up on the public portal. Complaints can be
filed at a later date.

 Redaction
• Because the e-filing system can be
accessed by the public, certain information
must be redacted from the criminal
complaint.
• In addition to the original criminal
complaint, a redacted copy of the of the
compliant must be filed.

 Redaction – what is public?
• ARPA requires the following information to
be released:
– Full name of the arrested adult;
– Home address of the arrested adult,
unless doing so would identify a crime
victim;
– Year of birth of the arrested adult;
– Charge or charges;

 Redaction - what is public?
– Date of the arrest;
– Time of the arrest;
– Gender of the arrested adult;
– Race of the arrested adult;
– Name of the arresting officer unless
doing so would identify an undercover
officer.

 What should be redacted.
• Month and day of arrestee DOB.
• Driver’s license number.
• ANY victim information, including the
arrestee address if shared with the victim.
See Redacted Complaints in Exhibit O

 Redaction – How?
• As in any APRA release, the redacted
material should be done in black. This
ensures that the text is blocked, and that
the recipient is aware that information was
removed.

 APRA Considerations
• While there is a full seminar from the Dept.
of Attorney General on this subject and
most departments leave this to their
records department, police prosecutors
should be familiar with some areas of the
Access to Public Records Act.

 APRA
Open records law in Rhode Island derives
from the state’s Access to Public Records
Act (“APRA”). R.I. Gen. Laws §§ 38-2-1, et
seq. A copy of the Act is found at Exhibit O.

 APRA
Records for criminal law enforcement are
generally excluded from disclosure to the
extent that disclosure could
1) interfere with criminal investigations or
enforcement proceedings,
2) would deprive a person of a fair trial or
impartial proceedings,
3) could reasonably be expected to
disclose a confidential source,

 APRA
4) would disclose investigation or
prosecution
techniques
or
procedures,
5) could endanger the life or safety of
an individual, or
6) would constitute an unreasonable
invasion of personal privacy.
R.I. Gen. Laws § 38-2-2

 APRA – Invasion of Privacy
The US Supreme Court, in weighing the
public’s interest against privacy rights, has
said that the intent of disclosure is for
citizens’ to know “what their government is
up to.” Disclosure of information on private
citizens that reveals little or nothing about
the agency’s conduct does not fall within
that purpose.
- See, generally, U.S. Dep’t of Justice v. Reporters Comm. For Freedom of the Press, 489 U.S. 749
(1989).

 Felony Screenings

Purpose
When a person is charged with a
felony, the arraignment is held in the
district court. A Not Guilty plea enters on
behalf of the defendant, and the court sets
bail.

The path which a felony takes is found
at Exhibit A.

 Felony Control Date
The matter is set down for a felony control
date, prior to which the Attorney General’s
office either presents an information or
sends the case back for misdemeanor
charging, or dismissal.
With the new e-filing system, a case will
automatically dismiss at the control date if
no action has been taken.

 Packet
•
•
•
•
•

Report
Narrative
List of Evidence
List of Witnesses
Sample packet found in Exhibit A

 Screening Packet
for Domestic Crimes
• Domestic Violence crimes have unique
obstacles for prosecutors given the length
of time from arrest to hearing and the
unwillingness of victims. Accordingly,
special attention needs to be focused on
preparing a domestic screening packet.
• See checklist at Exhibit A

 Predicate Offenses
• Some crimes are felonies due to the
number of previous offenses.
• As noted, it is a good idea to put the
number and dates of previous offenses on
the criminal complaint.
• Exhibit A has a list of crimes that are
felonies due to predicate offenses.

 Family Court

See Exhibit for
Juvenile Paperwork

Paths of a Case
•
•
•
•
•

Officer’s Discretion
Juvenile Hearing Board
Diversion
Family Court
Waiver to Superior Court

 Officer’s Discretion
Just as with adults, in many minor
offenses, an officer may choose not to
arrest a juvenile offender. Instead,
parents are notified, and punishment is
entrusted to them.

 Juvenile Hearing Board
Created pursuant to RI General Law and
City/Town Ordinance, the JHB hears
minor first time offenses. The juvenile
must admit the offense, or the case is
referred to the Family Court for
Adjudication. The JHB can order fines up
to $50, restitution in any amount,
community service, and/or essays or
letters of apology.

 Diversion
When a first offense case is sent to Family
Court, it is reviewed by Probation. The
probation department may choose to
divert the case, ordering administrative
penalties ranging from a verbal warning to
participation in a educational program.

 Family Court Process
Arrest – No more than 6 hours
Release or emergency hearing
Petition filed – Disseminated
Petition returned to Dept. 4-6 weeks later
Arraignment – Preliminary Orders
Pretrial
Trial
Adjudication
Review Dates

 Duty Judge
• Two types;
– On Duty Judge during court hours.
– After Hours Duty Judge (phone list for every
month)
DO NOT CONFUSE THE TWO
Call the after hours judge only if court is
closed.

 Emergency Hearing
In the event that the offense is grave or
the juvenile has a lengthy record, the
juvenile can be held for an emergency
hearing.
If the juvenile is to be held for more
than six hours, you must call a duty judge
for a hold.

 Emergency Hearing
• The Clerk must be notified of an
emergency hearing.
• The Clerk will notify all parties (AG, PD,
Probation, RITSY, DCYF).

See Exhibit G for a list of crimes upon
which a hold should be sought.

 Six Hour Rule
A juvenile cannot be held in a secured
facility for more than six hours. At that
point, the juvenile must be released, taken
to court, or transferred to a juvenile facility.
A juvenile cannot be placed in a
secured facility for a status offense.

 Range of Remedies
•
•
•
•
•
•
•

NFT: No Further Trouble
Curfew
Community Service
Probation
Suspended Sentence
Home Confinement
RITSY

 Family Court Terms
Status Offense: Any offense that is based
solely on the age of the offender and
would not be criminal if committed by an
adult. Truancy, possession of cigarettes,
and failing to listen to parents are
examples.
Juveniles cannot be placed in a secured
facility for a status offense.

 Family Court Terms
Misdemeanor = Wayward
Felony = Delinquent
Defendant = Respondent
Complainant = Petitioner
Complaint = Petition

 Family Court Terms
NFT = No Further Trouble
NNA = Need Not Appear
Guilty = Admit Sufficient Facts
TCP = Temporary Community Placement
VOP = Violation of Probation

 Waiver
Discretionary Waiver (no more mandatory waiver):
1) Requested by AG
2) Any age
3) Heinous Offense or based upon the
child’s record or treatment history.
STANDARD:
1) Probable cause
2) Waiver is necessary to the interests of society
or the protection of the public necessitates the
waiver of jurisdiction.

 After Waiver
Any
offense
committed
with,
or
subsequent to, the waived offense must
be heard in adult court. Further, any
matter pending before the Court when the
juvenile is waived must be re-arraigned in
District Court.

 Certification
Once certified, the sentence is an adult
sentence, and the juvenile is assigned an
adult probation officer, and is subject to
district/superior court procedures until the
end of his sentence.

 Certification
• Any juvenile charged with an offense that
would be a felony if by an adult can be
certified and receives an adult sentence.
However, the juvenile will serve his
sentence in RITSY until his 19th birthday.

 Rhode Island Traffic Tribunal

Jurisdiction
• Traffic offenses not heard in Municipal
Court (if the city/town has one)
• Third Offenses within 18 months
• Fourth Offense within 18 months (Colin
Foote Law)
• Appeals from RITT, Municipal Courts, and
DMV
• Up to one ounce of Marijuana
• Certain DEM Violations

 Colin Foote Act
• Four Distinct Violations in 18 months
• Enhanced penalties
– Up to $1000 fine
– 60 hours driver retraining
– 60 hours community service
– Up to one year suspension or two year
revocation of licence

 Process
•
•
•
•

Citation Issued
Transmitted to RITT – via E-File
Court Arraignment
Guilty of Not Guilty – not “guilty with
explanation
• Disposition or Trial Date
• Trial

 Citation Issued
It is incumbent upon the prosecuting
officer to provide court dates to officers
prior to the ticket being written.

Refusal Cases and Marijuana Cases,
Court date within two weeks of offense.

 Arraignment at RITT
• Courtroom 2C for municipal, 2D for RISP
• Although court starts at 8:30 a.m., the
judges do not take the bench until 9 a.m.
• Get there early. You can call your cases
and speak with offenders to streamline the
process: Does the offender have
insurance; registration? Has the tint been
removed? Attorneys will be looking to
speak with you as well.

 Arraignment, continued
If the matter is before the court for
arraignment, it is not the time for a
discussion. The judges have 100+ cases,
and want to move along. Be prepared
with trial dates in the event that there is a
not guilty plea.

 Hardship License
• Only available to those motorists charged
with a first / second DUI offense or a first
offense refusal.
• Must install an ignition interlock device to
be eligible for a hardship license.
• Magistrate must issue an order after the
motorist demonstrates a “need” for the
license.
• Limited to no more than 12 hours per day.

 Hardship License - Need
A 2016 update has expanded beyond
employment purposes. Hardship licenses
will also be granted to those who can
prove they need a hardship license to
drive to necessary medical appointments,
therapy appointments, job training, school,
or any other valid reason approved in
advance by the judge.

 Hardship License - Discretion
• Shall Issue: 1st offense, finding of need,
and interlock.
• May Issue:
– Traffic crash involved;
– Reckless or eluding w/in 10 years; or
– Greater than 0.15% BAC.
Hardship Statute found at Exhibit P

 Discretion at RITT Arraignment
Prosecuting officers are given wide
discretion and can dismiss (26(a)) the
matters before the court. Check with your
department for the breadth of you
discretion, and be able to justify dismissals
before the court.
A sample 26(a) is found at Exhibit D.

 Dismissal in Refusal Cases
• In accordance with Rule 26(a), any
dismissal in a refusal case must be
submitted in writing to the Department of
Attorney General prior to the Hearing
• When a deal is made by the Solicitor to
plea to the DWI and Refusal, the AG still
has the right to appear and object to the
dismissal.

 Dismissals
• New requirement that dismissals (as well
as voids) be faxed.
• Entering 26(a) at arraignment can still be
done, but should be avoided given the
new rule.

 Youthful Offenders and
Community Service
• In order to avoid high insurance, RITT allows
for youthful offenders to complete community
service for first-offense, minor violations.
• A date is generally given to re-arraign the
youth, and, upon completion of the
Community Service, the matter is dismissed.
• Magistrate Noonan does not allow CS, the
dismissal must come in a 26(a).

 Status Dates
With DUI/Refusals, the matter goes before
two courts – RITT and District. As the
matter is often resolved in District Court
(less time with suspended license), there
is no need for a trial in RITT.
The matter often is dismissed with a plea
in district court. In those cases, the
attorney may seek a status date at which
the matter is dismissed.

 Trial
• In the event that there is a trial, it is your
responsibility to notify all witnesses and
officers.
• In the event that witnesses other than
police officers are to testify, you are
required to have a solicitor present to ask
questions. The citing officer (who is a
witness at the trial) cannot examine other
witnesses.

 Marijuana
• Up to one ounce (1 oz.)
• Court date within two (2) weeks, fine must be
paid within 30 days of violation or it doubles.
• Evidence
– Right now, the requirements are in flux, however, as a
rule of thumb, you will need 1) the substance (or
photo) , 2) a field test sheet, and a photo of the field
test.

• First and second offense within 18 months is
RITT violation, third goes to District Court.
• No violation prior to April 1, 2013 counts toward
timeframe.

 Appeals & Motions to Vacate
• RITT appeals must be filed within 10 days
of adjudication. They are heard before a
three judge panel.
• Motion to vacate must be filed within one
year, but can, with permission of the court,
be filed later. The offender must give a
reason for vacating, such as a missed
court date. These motions are approved
liberally.

 QUESTIONS