Rhode Island Motion to Release on Earned Probation
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How to fill out Motion To Release On Earned Probation?
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FAQ
Legal action has been terminated and the state is not moving forward with the prosecution ? at least for now. A case can be dismissed at any time during the process, including before trial, during trial, or even after trial (if a convicted defendant wins on appeal.)
A motion for dismissal in the interests of justice is a motion that defense counsel cannot make. Only the prosecutor or the judge can make such a motion, but defense counsel may ?invite? the judge to make such a motion.
Everybody on probation must follow the general conditions of probation, including reporting to the PO as required; not breaking any laws; not traveling or moving out of Rhode Island without advance approval; advising the PO of any change of address immediately; and so on.
Technical Violations of Rhode Island Probation A technical violation of probation means you were given certain conditions at the time of your sentence or as instructed by your probation officer and you did not finish or meet those conditions.
Rule 23 - Trial by Jury or by the Court. (a)Trial by Jury. Cases required to be tried by jury shall be so tried unless the defendant in open court waives a jury trial in writing with the approval of the court.
Rule 48 - Dismissal (a)By Attorney for State. The attorney for the State may file a dismissal of an indictment, information, or complaint and the prosecution shall thereupon terminate. Such a dismissal may not be filed during the trial without the consent of the defendant.
A: It means the case is dismissed pursuant to rule 48(a) of the RI Rules of Criminal Procedure. The prosecutor has exercised their discretion to dismiss the case. If it was a 48(b) that would mean that the judge had dismissed the case.
A defendant who has been charged by information may, within thirty (30) days after the defendant has been served with a copy of the information, or at such later time as the court may permit, move to dismiss on the ground that the information and exhibits appended thereto do not demonstrate the existence of probable ...