Gloria McDonald Women’s Facility Criminal Court Process
Criminal Court Process for Providence County Rhode Island
An arrest in Providence County can involve a police department in Providence, Cranston, Pawtucket, and Woonsocket, a Providence courtroom, and a state-operated intake center in nearby Cranston. These are separate parts of the same process. The information below identifies each courthouse and office with contact details, then explains bail, early hearings, misdemeanor trials, felony prosecutions, young people charged with offenses, and statutory sentences. It also helps families understand whether an attorney may be appointed and where to look when the U.S. government, rather than Rhode Island, brings the case.
- Sixth Division District Court — J. Joseph Garrahy Judicial Complex, 1 Dorrance Plaza, Providence, RI 02903. Telephone: 401-458-5400.
- Providence County Superior Court — Frank J. Licht Judicial Complex, 250 Benefit Street, Providence, RI 02903. Telephone: 401-222-3250.
- Providence/Bristol Family Court — J. Joseph Garrahy Judicial Complex, 1 Dorrance Plaza, Providence, RI 02903. Telephone: 401-458-3200.
- Rhode Island Public Defender, Main Office — 160 Pine Street, Providence, RI 02903. Telephone: 401-222-3492.
- Anthony P. Travisono Intake Service Center (RIDOC) — 18 Slate Hill Road, Cranston, RI 02920. Telephone: 401-462-2285.
- U.S. District Court for the District of Rhode Island — Federal Building and Courthouse, 1 Exchange Terrace, Providence, RI 02903. Telephone: 401-752-7200.
Important difference: Rhode Island operates a unified state correctional system. An adult arrested in Providence County can have local police processing and hearings in the relevant courthouse even when pretrial confinement is at the RIDOC Intake Service Center in Cranston. The court decides the case; the corrections department manages custody. Children have a separate juvenile detention process.
- Where are the courts, and which building should my family visit?
- What happens after an arrest, and where is the person held?
- How is bail decided, and how can someone help with release?
- What happens with a misdemeanor charge?
- How does a felony move through the courts?
- What is different about a violent or serious charge?
- What should a family know about juvenile court?
- What are the actual jail, prison, and fine limits?
- How can someone get a public defender?
- What courts handle city offenses and traffic tickets?
- What happens if the charge is federal?
Where are the courts, and which building should my family visit?
The Sixth Division District Court handles misdemeanor trials and usually the first court stages of felony charges arising in Providence County. Its address is J. Joseph Garrahy Judicial Complex, 1 Dorrance Plaza, Providence, RI 02903, telephone 401-458-5400. A District Court judge does not conduct jury trials. A serious criminal charge ordinarily proceeds to the Providence County Superior Court, at Frank J. Licht Judicial Complex, 250 Benefit Street, Providence, RI 02903, telephone 401-222-3250. A youth matter belongs to Providence/Bristol Family Court, telephone 401-458-3200.
The same judicial complex may contain several courts, but each has its own clerk and responsibilities. Check the court name on the written summons or charging papers before going to a building.
What happens after an arrest, and where is the person held?
Police arresting someone in Providence County may first complete fingerprints, photographs, identification checks, property inventory, and an initial medical screening. Adults who are kept in state pretrial custody are generally received through the RIDOC Intake Service Center, 18 Slate Hill Road, Cranston, RI 02920. The facility-information number shown on its inmate guide is 401-414-2871; RIDOC lists the facility office at 401-462-2285.
An arrest does not mean conviction. Bail or a court order may permit release, while a person who remains in custody can be transported or appear by an authorized video connection for hearings. Police may temporarily hold an arrestee before the formal intake process. Juveniles follow separate rules and should not be described as adult intake prisoners.
How is bail decided, and how can someone help with release?
The first issue after an arrest is whether a judicial officer will release the person. Rhode Island permits certain bail commissioners to conduct after-hours special arraignments at police stations. Other release decisions take place in the Sixth Division District Court. The court may use personal recognizance, monetary bail, surety arrangements, or conditions intended to ensure court attendance and public safety.
For help understanding cash bail, surety bonds, nonrefundable bail-commissioner charges, and release procedures, read the Intake Service Center bail and bond instructions. The corrections department separately lists a bail-information number, 401-462-2261. A defendant who cannot afford bail should speak with defense counsel about review or modification; do not assume that paying a bondsman is the only option.
What happens with a misdemeanor charge?
A misdemeanor from Providence County normally stays in Sixth Division District Court, rather than proceeding to a jury trial in Superior Court. The accused hears the charge, enters a plea, and receives future court dates. The prosecution must prove guilt; a plea agreement or dismissal may resolve the case without trial. At a contested bench trial, the judge hears witnesses and decides the verdict.
Under R.I. Gen. Laws § 11-1-2, the ordinary misdemeanor category permits up to one year of incarceration and/or $1,000 in fines. A petty misdemeanor allows up to six months and/or $500; a violation has a fine ceiling of $500 and no jail term. Specific charges can have their own statutory provisions. Simple assault under § 11-5-3 carries up to one year and/or $1,000. An acquittal means no criminal punishment for that charge.
How does a felony move through the courts?
A felony charge in Providence County commonly begins with an arraignment and bail review in the Sixth Division District Court. A felony is not simply a long misdemeanor: Rhode Island generally defines it by a potential prison term exceeding one year or a fine over $1,000. The matter then typically proceeds to the Providence County Superior Court, where the Attorney General prosecutes and a judge handles pretrial motions, pleas, trials, and sentencing.
An indictment or criminal information may provide the formal charging basis. Counsel can review evidence, contest searches or statements, and negotiate a plea when appropriate. A Superior Court felony may go before a jury, which must find the accused guilty beyond a reasonable doubt. Nothing about being arraigned proves that the person committed the alleged offense.
What is different about a violent or serious charge?
A charge involving a weapon, serious injury, sexual violence, or homicide is not processed exactly like a minor Providence County misdemeanor. Initial custody and bail may receive closer examination, and the Superior Court usually handles prosecution of the most serious offenses. The defense may request hearings about evidence and the conditions of pretrial detention.
For an accurate example, Rhode Island § 11-5-2 sets a 20-year maximum for felony assault causing serious bodily injury and a six-year maximum for other felony assaults covered by that subsection. Domestic strangulation under § 11-5-2.3 carries up to 10 years. Murder and sexual offenses have separate statutes and can carry much greater punishment; a maximum for assault should never be described as the penalty for all violent felonies.
What should a family know about juvenile court?
When police accuse someone under 18 in Providence County, that child generally enters a juvenile process rather than an ordinary adult criminal prosecution. The Providence/Bristol Family Court, at J. Joseph Garrahy Judicial Complex, 1 Dorrance Plaza, Providence, RI 02903, considers juvenile delinquency cases, with options that may include supervision, treatment, restitution, or placement when lawful and necessary.
Juvenile custody arrangements are handled separately from the adult Intake Service Center. Parents or guardians should ask about the child’s detention hearing and access to a lawyer. Serious alleged offenses can trigger special rules about transfer or adult-court jurisdiction, but that decision depends on the charge and applicable law; it is not automatic for every teenager.
What are the actual jail, prison, and fine limits?
Rhode Island does not classify every felony into one universal A/B/C sentencing chart. The exact charge and statute set the penalty. Families should read the offense on the charging document, because even two offenses with the word “assault” can have drastically different punishment.
- Petty misdemeanor, general category: up to 6 months and/or $500 (R.I. Gen. Laws § 11-1-2).
- Misdemeanor, general category: up to 1 year and/or $1,000 (§ 11-1-2).
- Simple assault or battery: up to 1 year and/or $1,000 (§ 11-5-3).
- Felony assault with serious bodily injury: up to 20 years (§ 11-5-2).
- Other felony assault described by § 11-5-2: up to 6 years.
- Domestic assault by strangulation: up to 10 years (§ 11-5-2.3).
These are legal limits for those stated offenses, not typical sentences promised by a judge. The court may consider prior convictions, facts of the offense, lawful sentencing conditions, and eligibility for probation or a suspended term. Fines, restitution and supervision obligations can be separate from incarceration.
How can someone get a public defender?
An adult in Providence County who cannot afford a private defense attorney should ask for the Rhode Island Public Defender at the first available court appearance. The Rhode Island Public Defender, Main Office is at 160 Pine Street, Providence, RI 02903, phone 401-222-3492. A judge or the office assesses eligibility; an arrest alone does not automatically make every defendant financially eligible.
Tell the defender the defendant’s name, case number if known, upcoming court date, and whether they are being held in Cranston. Families can help gather employment and income information, but confidential case strategy should be discussed with the lawyer. The statewide main office is at 160 Pine Street, Providence, telephone (401) 222-3492.
What courts handle city offenses and traffic tickets?
Local police in Providence, Cranston, Pawtucket, and Woonsocket may enforce town ordinances and investigate state criminal charges, but that does not mean each town has a separate full criminal court. State misdemeanors and early felony proceedings go through the relevant Sixth Division District Court. Rhode Island Traffic Tribunal handles many civil traffic matters at 670 New London Avenue, Cranston, RI 02920, telephone 401-275-2700.
A traffic citation, municipal violation, and criminal DUI do not always go to the same kind of hearing. Read the issuing authority, court, date, and offense on the document. For a DUI charged as a crime, criminal District Court procedure may apply; a noncriminal traffic infraction may belong in the Traffic Tribunal.
What happens if the charge is federal?
If federal prosecutors charge a person from Providence County, the case is handled in the U.S. District Court for the District of Rhode Island, Federal Building and Courthouse, 1 Exchange Terrace, Providence, RI 02903, telephone 401-752-7200. Federal offenses can involve interstate drug trafficking, bank fraud, crimes on federal property, or other conduct covered by a federal criminal statute. A local arrest does not automatically become a federal case.
Federal defendants usually have an initial appearance before a U.S. magistrate judge, a detention or release decision, and later proceedings in federal court. Before sentencing they may be housed in a contracted or local facility under federal custody. Federal prison sentences are carried out in facilities designated by the Bureau of Prisons; families can use the official Federal Bureau of Prisons inmate locator to search for a person in its records.
This guide explains general court procedures for Providence County and is not individual legal advice. The clerk can provide case schedules but cannot act as your lawyer. If someone faces criminal charges, request defense counsel promptly.
Criminal Court Process for Providence County Rhode Island
Providence County Rhode Island Criminal Court System – Definitions
It might be helpful to define some words that will be used on this site, when explaining the Rhode Island Court System and how it works. The definitions on this site are for general information and not legal advice. It is always preferred to follow information given by your attorney or local authorities.
If you scroll down below this content, and the listing of the courts in each of the Rhode Island counties, you will find a simple flowchart diagram and a video that will help you visualize the stages of the Criminal Court Process.
Arrest is when Rhode Island, county, or local police take a person into custody and start the legal process. The arrested person may or may not be immediately jailed.
In less serious crimes, the person may only be given a citation ordering that they appear in municipal or county court on a certain date. In cases involving more serious crimes, the person is usually placed in the county jail until an arraignment, or a judge decides the next step.
Booking is when the County Sheriff or local police gather information such as the detainee’s name, address and why the person is being arrested. Booking also includes fingerprinting, criminal history, investigation, and verification of identity. Bail for lower-level crimes may be set right after booking so the arrested can “bail or bond out” before being detained.
The prosecution, sometimes called “the government” or “the people” or “the state” is the side that presses the charges and seeks punishment for the offense. These are attorneys that work for the state of Rhode Island, county, or a city or town. The prosecuting attorney for the specific Rhode Island county or the district is called the Assistant Attorney General.
Rhode Island is different than almost every other state because the district courts are not served by a county prosecutor but rather a state prosecutor. The Office of the Attorney General is the responsible for prosecuting all felony cases and misdemeanor appeals. They also prosecute the misdemeanor cases in various district courts. A U.S. Attorney prosecutes federal cases.
Jurisdiction is an important term in the court system that means whether a court has the obligation or duty or right to handle a case. For example, if you run a red light in your town or city, a municipal court would likely have jurisdiction over your case, but the next town or city over would not have jurisdiction over your case. If you attempted to flee from police when they attempted to stop you after you ran the red light, it becomes a more serious crime, and the municipal court might not have jurisdiction so you might be assigned to a higher-level court that has jurisdiction over the more serious crime. Jurisdiction varies from state to state and sometimes county to county.
Arraignment is when a judge determines whether the charges are supported by the prosecution’s initial evidence and tells the arrested what they are charged with, and the person says whether they are guilty or not guilty. At this time, the person is called the defendant, and the opposing side is called the prosecution. If there is reason to believe that the arrested is guilty, the judge will set bail conditions or send the defendant to jail or release them ROR (release on recognizances). An arraignment is not a trial, and the defendant is entitled to a trial within a reasonable amount of time after the arraignment.
Bail is money paid that is held by the county or municipal court to make sure that the arrested does not flee the area before their trial. Bail amounts and other conditions are determined at the arraignment.
Once the case is over, the bail money is returned to the defendant minus the cost of restitution, fines and court costs. Bail can be denied if the court feels that the arrested would be a danger to others if released. Sometimes the court decides that there is a good chance that the arrested will show up for trial and not flee so they are released on their own promise, or recognizance without having to pay bail.
If bail is posted at the prison or police station with a Bail Commissioner (Justice of the Peace), any fees that you pay are non-refundable and not part of bail. These are a list of non-refundable fees based on the charged crime:
- Warrant Assessment: $125, Violent Crime Offenses: $100, Domestic: $125,
- Child Molestation: $100
- Violent Crimes Indemnity Fund. Serious Felony: $150, Minor Felony: $90, Misdemeanor: $30
- Probation and Parole Fund. Serious Felony: $300, Minor Felony: $180, Misdemeanor: $60
A bond proceeding is the determination of how much bail is to be paid and usually happens at the same time as an arraignment. During bond proceedings, the defendant can have an attorney present but does not have the right to an attorney. Judges and Bail Commissioners in Rhode Island rely on a statewide bail schedule, which sets out a recommended range of bail amounts for different offenses. Judges can still exercise discretion in setting bail above or below the recommended range.
A judicial public bond or personal recognizance bond is a bond where someone representing the defendant signs paperwork promising to pay the money if the defendant does not show up to court. If the defendant does not show, the full amount will be due and the people who signed the paperwork will be responsible for paying the court.
Cash percentage in lieu of bonds. If the bond order permits, the defendant pays a percentage of the to the court, usually 10% which then holds the money until the case is over. The amount is returned if the defendant is acquitted or the case is dismissed, or it can be used toward paying any court fines incurred by the defendant.
Surety Bond is when defendant pays a percentage of the bond amount (usually 10%) to a professional bondsman or bail bond company licensed to do business in Rhode Island. The bondsman then signs the bond on behalf of the defendant. The defendant does not receive any of the money back. If the bondsman feels the defendant is a flight risk, they can refuse to give a bond or charge a higher fee. For example, a bondsman may determine a defendant is a flight risk if they are from a state other than Rhode Island.
A Property Bond is a bond in which the bond is pledged in land or home real estate (mobile homes are not accepted). Usually, the property must be in Rhode Island, and it must be worth at least 1 ½ - 2 times the amount of the bond.
It is always important to have family involvement after being arrested. Not only can they make calls and communicate on your behalf (not all bond companies will accept collect calls), but family support will show the court that there are people who will make sure that the defendant makes it to court, not only for the defendant’s own good, but because they may have signed bond paperwork and responsible to pay if the defendant does not show in court. Chances of obtaining a bond from a bond company or clerk of court are better if family is involved.
(There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information. A bondsman will not call asking for money without involvement of the arrested.)
A criminal defense attorney (also called lawyer or counsel) is hired or retained to represent the arrested as early as possible after the arrest. If there is a chance that the case might go to trial and the defendant cannot afford an attorney, the 6th Amendment of the U.S. Constitution requires that the court provide an attorney. This is called indigent representation and a public defender or assigned attorney would represent the defendant in all proceedings. Indigent representation is only available misdemeanor and felony cases that could result in jail time, juvenile cases, and certain appeal cases.
In Rhode Island, public defenders are assigned to qualified defendants. On those occasions when a public defender cannot represent a client, a private attorney who has met certain qualifications will be appointed at the state's expense.
For less serious cases or civil cases, there are pro bono volunteers who volunteer legal services for free or for a small fee. They often will hold clinics to teach people how to represent themselves in court or expunge their record which means to legally erase or eliminate a criminal or arrest record from public view. This website provides contact information for pro bono and self-help services in Rhode Island:
A district court can refer to the first level of the legal system, or a minor court. District courts are in the community. A district court can also refer to a U.S. Federal District Court that hears federal cases. There is one U.S. federal district court in Rhode Island. It is important that you check the address of the court you are to appear in rather than to ask someone because that person might give you directions to the wrong “district” court. Being late to court can land you in custody as well.
Pretrial proceeding is the process where both sides (prosecution and defense) gather information, interview witnesses, request records, videos etc. Pretrial proceedings also include communications with the judge assigned to the case and these appearances are either in person or by on-line conferencing. Some pretrial proceedings may not require a defendant’s appearance, allowing an attorney to appear in their place. The information that is gathered is called discovery and both sides must share the information that they have gathered. This information does not include conversations between the arrested and their attorney.
Most cases do not go to trial because both sides reach a plea deal, where both sides try to reach a reasonable punishment based on what was learned in the pretrial proceedings. A plea deal can only happen if the accused person admits they are guilty in exchange for a lighter punishment. The reason they must admit guilt is because it would not be fair to punish someone who claims they are not guilty. There are times in plea bargaining when the prosecution agrees to give a lighter sentence in exchange for information leading to the arrest of a more serious criminal related to the crime.
Trial is where both sides share their information in front of a judge or a judge and jury. After listening to all the evidence, the judge or jury decides the verdict which is whether the person is guilty or not guilty. If a court has only a judge hearing both sides, it is called a bench trial. If a jury is selected, it is called a jury trial. If the defendant is found not guilty, they are released. If they are found to be guilty, the next step is sentencing.
Sentencing is the punishment that the judge decides the person should get. This could be jail or prison time, fines, community service, probation, or a combination.
Appeal is asking for a higher court to hear the case again at an appellate court. If the accused person thinks something went wrong at trial or has new information that was not available during the trial or that the sentence is too harsh, the defense attorney can ask for an appeal. It is not unusual for an appeal when there is a long jail sentence, but an appeal can be denied if the appellate court feels that the original trial or sentencing was fair.
In Rhode Island, a misdemeanor is punishable by a maximum of 1 year in prison and fines up to $1000 or both. A petty misdemeanor is punishable by up to 6 months in jail or a fine of up to $500 or both. A violation does not result in jail time and only a fine of up to $500. Examples of misdemeanors are trespassing, simple assault, petty theft and shoplifting.
A felony crime is a more serious crime than a misdemeanor and in Rhode Island, any crime punishable by more than 1 year in prison plus more than $1000 fine is considered a felony. Felonies are not divided into categories like some states. Examples of felony crimes are murder, rape, theft, aggravated assault, drug trafficking, kidnapping and identity theft.
The county Clerk of Court is an elected official whose responsibilities for Criminal Court’s administrative issues include receiving criminal warrants, receiving bail, creating the trial schedule, receiving fees, fines and maintaining court records.
A warrant is used to get someone to appear in court or to law enforcement. There must be good reason to believe that the person is involved in a crime. The warrant gives authority to arrest the person and search for evidence for the investigation of the crime.
A criminal summons is issued to request that a person appear in court at a particular time and date. It does not involve an arrest. A traffic ticket, summary citation or lesser misdemeanor could be considered a summons if you are given a court date.
A summary citation, commonly referred to as a ticket, is a criminal summons by a law enforcement officer either in person or via mail accusing the defendant of a minor offense, stating potential fine, listing the court having jurisdiction and instructions for addressing the issue. Defendants may or may not be required to appear in court or handle the matter by entering a plea via mail.
Fines are usually paid to the District Court or clerk of court and payment methods can be found on the District Court or the county's Clerk of Court website. If you do not pay your fine on time, you can lose your driver’s license, must pay additional fees or even have a warrant for your arrest. It is important to read the instructions on the ticket issued by the police officer or court at the time of your arrest. For a parking ticket or summary citation, the fine amount and how to send payment should be on the ticket.
Rhode Island Criminal Court System - How it Works
Municipal courts handle violations of municipal ordinances (city laws), traffic violations, parking violations and criminal misdemeanor offenses that occur within the city or towns police jurisdiction.
Rhode Island District Courts can handle arraignments for felony and misdemeanor cases. The district court can settle the misdemeanor case but it would need to be transferred to superior court if a trial was requested. There are no jury trials heard in district court. All felony cases are moved to superior court after the arraignment.
Rhode Island Superior Courts handle felony cases from beginning to end and misdemeanors if a jury trial is requested. They would also handle cases that are being appealed from the district courts and local municipal courts. The Superior Court starts the appealed case from the beginning, rather than relying on all the information from the district or municipal court trial. The Rhode Island Superior Court also has calendars (this means that judges are available to hear specific cases on certain dates and times). The special calendar areas offered at the superior court are for Gun court, Drug court, Sexual Predator and Domestic Violence issues.
Family Court would be the court for juvenile matters. For court matters, juveniles are considered to be an individual under 18 years old. Any appeals from the Family court go directly to the Supreme Court.
Rhode Island offers a Traffic Tribunal which has overlapping jurisdiction with the municipal courts for less serious traffic offenses.
Specialty courts or problem-solving courts are being adopted in many states to handle cases that involve non-violent and first-time offender cases in a way to where the offender can retain a job or responsibilities while following specific orders of the court as returned court appearances, periodic evaluations or testing for substances. In Rhode Island, one such court is called Diversion Court.
The Rhode Island Supreme Court is like our United States’ Supreme Court because it has a panel of judges that rule on matters that have to do with someone’s constitutional rights or policies and laws. The Rhode Island State Supreme Court deals with the state constitution or laws or policies. Sometimes the Supreme Court will hear criminal cases on appeal when there is a question on the state laws or procedures that lead to the appeal. The Rhode Island Supreme court is the court that hears criminal appeals from the Superior Court.
FEDERAL COURT
Federal Court deals with crimes involving violations of United States laws. Federal crimes include federal drug trafficking, federal tax evasion and fraud that crossed state lines and include crimes that occur on federal property as post offices or federal buildings.
Cases involving crimes that involve the FBI or DEA or Immigration agencies are federal crimes. Terrorism is a federal crime.
There are some differences in the Federal court system as compared to the Rhode Island state court system. For example, the attorneys who work for the courts are called United States Attorneys and Federal judges are called District Court Judges (not to be confused by local state district courts).
Federal Magistrate Judges hear the case early on, but they do not decide on the cases at a trial like the Federal District Court Judges. In a federal case, a grand jury is used for indictments.
There is one U.S. Federal Judicial District in Rhode Island.
