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Rhode Island 46G Bail Violation Lawyer

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Rhode Island 46G Bail Violation Attorney

When you are released on bail, you are required to follow bail conditions set by the court. In Rhode Island, it is a bail violation if you do not comply with these bail conditions. Under 46(g) of the Rhode Island Rules of Criminal Procedure, your bail could be revoked and you could be held without bail in prison if you violate your bail conditions.

Since the consequences of a 46(g) bail violation could result in prison time, it is important to work with a skilled Rhode Island criminal defense attorney, like the attorneys at Ellison Law LLC, if you are facing a 46(g) bail violation.

What is Bail in Rhode Island?

In Rhode Island, bail is the temporary release of someone that received a criminal charge while their case is still pending. Bail will allow the person to remain out of custody, as long as they comply with certain conditions. Generally speaking, there’s a presumption in the law to grant bail except in certain severe cases.

In addition to potential monetary terms, the court may impose additional non-monetary conditions to ensure that you comply with the bail. These additional conditions may include counseling, no-contact orders, substance abuse treatment or similar restrictions. The court will evaluate many factors when they set bail like your ties to the community, your criminal record and the facts of the case.

Any failure to comply with bail conditions, such as committing a new offense, violating the conditions or missing court dates, may lead to severe consequences and potentially being considered a bail violator. As a bail violator, your bail could increase and you risk also being held without bail at the jail.

If you’re unable to post bail immediately, an arrangement could be made through the Adult Correctional Institute (ACI) and once your bail is correctly posted, you will be released pending your next court date.

When Do You Get Bail in Rhode Island?

Under Rule 46(a) of the Rhode Island Rules of Criminal Procedure, you have a right to be admitted to bail before conviction and you may be admitted to bail after conviction pending appeal.

If you’re admitted to bail, your bail amount and bail terms will be determined by the court. In determining bail, the court considers such factors as the offense you were charged with, your character, whether you are present for your arraignment, and the weight of the evidence against you.

What Are The Types Of Bail in Rhode Island?

Bail usually comes in one of two forms: personal recognizance and surety bail.

  • Personal recognizance: If you get personal recognizance, you will not be required to post any money to the court to be released. Instead, the court allows you to be released on the promise that you will return for future court dates.
  • Surety bail: If you get surety bail, you are required to post money in exchange for release. Surety bails require you to pay a percentage of the bond amount that is set by the court based on the court’s discretion. Usually this is 10% of the amount set by the court.

When Could You Get A 46(g) Bail Violation in Rhode Island?

You could get a 46(g) bail violation in Rhode Island if you violate the conditions of your bail. Most judges impose conditions on your bail, you must keep the peace and be of good behavior. There may be additional conditions depending on the charge, such as a no contact order that prevents you from having any contact with the complaining witness in a domestic charge.

You could get a bail violation if you are arrested with a new charge or you could get a bail violation in other ways, such as if you’ve had contact with the complaining witness when there was a no contact order in place.

What Happens If You Get A 46(g) Bail Violation in Rhode Island?

If the prosecutor or government thinks that you have not complied with the terms of your bail, they will issue a notice of bail violation. When a notice is issued, you will receive a written statement specifying the grounds for the bail violation.

You are entitled to a hearing where the government will present why it is charging you with the violation. At this hearing, if the court finds by a preponderance of the evidence that a violation of the bail or personal recognizance conditions has occurred, you could be held without bail or you could get issued a new personal recognizance or surety bail.

What is a Bail Violation Hearing in Rhode Island?

A bail violation hearing in Rhode Island, is a court proceeding where it is determined if a defendant has failed to comply with the conditions of their bail. These can include specific conditions, like assisting counseling, submitting to drug testing or as simple as keeping the peace and being of good behavior (like committing a new crime while out on bail). The burden of proof rests in the prosecution, they have to prove that there was a violation of the conditions.

If a defendant is notified of a potential violation there are two options: either admit that there was a violation or proceed with a hearing.

At a bail violation hearing, the prosecution is only required to prove the violation by a preponderance of evidence. While in a criminal trial to convict you of the criminal charge, the prosecution has to prove beyond a reasonable doubt that you committed a crime, with a bail violation the prosecution has to prove more likely than not that there was a violation of the bail.

The defendant still retains the right to testify, present evidence and question witnesses, but the rules of evidence are less strict. After all of the evidence is presented, both sides make their arguments and the court will decide whether there was a violation or not and if there was a violation, what the consequences will be.

What are the consequences of a Bail Violation in Rhode Island?

Once the court hears all of the evidence and has decided that there was a violation, or the defendant admitted there was a bail violation, the court may revoke the defendant’s bail for up to ninety (90) days, increase the amount of bail or add new conditions to bail and make them more strict.

What are the most common Bail Violations in Rhode Island?

In Rhode Island, one of the most common bail violations is failing to appear in court as scheduled. If a defendant doesn’t show up for their court dates, the judge may issue a warrant for an arrest and order them held without bail if they’re arrested. Another common violation is engaging in criminal behavior while out on bail. If you are charged with a new crime, your bail can be revoked. In cases that involve domestic violence, violating a no contact order like contacting the alleged victim, can result in a bail violation and may potentially add further charges.

How can I avoid violating Bail in Rhode Island?

Generally speaking, you can avoid a bail violation by complying with the conditions of your bail. Usually, the conditions are:

  • Not getting charged with a new crime in Rhode Island or another jurisdiction;
  • Ensuring that you appear in court as required;
  • Complying with any additional conditions set by the court, which will be based on the nature of the offense. For example, if you had a drug related charge it’s possible that the court may require you to submit to drug testing as a condition for bail.

If you received a domestic violence charge, the court may impose a no-contact order to prevent you from having contact with the alleged victim. A violation of these orders would be considered breaching the bail conditions.

How does the court decide a Bail Amount in Rhode Island?

Bail amounts are determined by the court based on several factors. One of those is the nature of the crime itself. Serious offenses, especially those that involve violence or significant harm, often result in higher bail amounts. Also charges with a higher penalty can have a higher bail amount.

Another key factor is the defendant’s criminal history. If the defendant has a record of previous offenses or has violated bail conditions in the past, the court is likely to either set a higher bail amount. A defendant’s ties to the community is also taken into consideration. If they have strong local connections, such as family, employment, property ownership or a strong tie with the local community, it could lower the bail amount since these connections suggest that the defendant is less likely to run away.

The financial situation can also influence the bail amount. In some cases, the court may assess whether the defendant can afford to pay the full bail or if they may need to seek assistance from a bail bondsman. Another consideration is their flight risk. If they identify indications that the defendant might flee the jurisdiction to avoid prosecution, the court could set a higher bail to minimize that risk.

Do You Have A Right to Get Your Bail Money Back in Rhode Island?

Yes, you are entitled to get back any surety bail money posted with the court once the conditions of the bail have been satisfied. If there has been a bail violation, then the court could declare a forfeiture of the bail and you would not get the posted money back.

What’s the difference between Bail and Probation in Rhode Island?

In Rhode Island, bail and probation are different legal concepts that serve different purposes. The key difference is timing: bail happens before a defendant is convicted to ensure that the defendant will make a court appearance whereas probation comes after conviction as a way of an alternative sentencing and punishment.

Bail is a pretrial condition where the defendant is allowed to remain free until their trial, usually under particular conditions. It’s a way to ensure individual freedom while ensuring that the defendant appears in court. Violating the conditions of bail can result in the judge revoking bail for the defendant.

On the other hand, probation is a sentencing option that occurs after a conviction. Instead of serving time in jail, a defendant may be allowed to live in their community under strict conditions and supervision. Some of those conditions include checking in with a probation officer, keeping employment and avoiding criminal activity. Violating probation conditions can lead to serious consequences such as potential jail time.

How To Get Cleared From A Bail Violation in Rhode Island?

If you’re facing a bail violation in Rhode Island, it is important to have a criminal defense attorney to help clear your violation. An experienced attorney, like the attorneys at Ellison Law LLC, advocates for you in front of the judge and can be the difference between serving time for the violation and getting released.

If you or a loved one are facing a 46(g) bail violation, please contact us today at 401-230-5520.

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David did an extraordinary job at not only getting my case resolved but with the best possible outcome. He is compassionate and thorough. I highly recommend him to anyone seeking a defense attorney.

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David is a great attorney!! I would recommend him to anyone in need of a lawyer!! Not only did he get me the best results possible, he made me feel so safe and less nervous…

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When my family was in a very tough legal situation David was the first person we called. Throughout the whole process he treated us like family. He went above and beyond to get the best…

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If anyone is experiencing tough times and needs an attorney, I would highly recommend David. During a time where I was extremely stressed and unsure of what to do because of what I was going…

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David Ellison honestly has been one of if not the best attorney that I have come across with. David stuck in contact with me during the period of my case and best thing of all…

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David is a great lawyer. He will go above and beyond. He helped me more than family would. Truly a great lawyer.

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I was happy to David Ellison on my case he did a great job could not ask for a better lawyer thanks for all your help

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Finding a good lawyer is tough. Finding a trustworthy , honest, and reliable lawyer is even tougher. When my husband was given a mandated court attendance traffic violation ticket we panicked. We were concerned that…

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Attorney Ellison was assigned to our case when a family member was falsely identified as a suspect in a felony. We could not have asked for a more caring, compassionate lawyer. He walked us through…

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David is a great attorney and very professional. He was very attentive to the case and on top of everything that needed to be done. Always on time and very reliable. On point with documents…

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David gets a 5 star rating from me. He was compassionate and professional in the case against my Mother by the Commonwealth of MA. The case required a significant amount of leg work on his…

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"I first met David just before Covid 19 hit to represent me in my DMV Intoxolock violation appeal hearing. While waiting for the court date the world was shut down as well as the hearings…

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I just want to thank Mr Ellison for his outstanding legal expertise and professionalism. In the short amount of time that we have met you were quick with responses and paid attention to every detail.…

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David Ellison is a special attorney with a rare talent. The law, with all its history and codes, can be challenging and seem excluding. A few months back, I had a decision to make and…

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Hands down the best. Via Google

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Great lawyer, tells you exactly how it is and gives you all your options. Highly recommended Via Google

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Helped me get my court case behind me in my favor in a very short time. Thank you attorney Ellison, my family and i and i are forever in debt to you! Thanks again.

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I got assigned David Ellison in the court by what must have been an act of God. He understood that I had no experience in the court system and worked with me to explain everything…

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My first experience ever needing representation: David was engaged, responsive, and above all else empathetic to my situation. Many times I was frustrated with the process, David was there to lend an ear and offer…

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"I never took the time to thank a lawyer after representing me because I always felt like they could have done more , they just was doing their job pretty much but Allyson Quay ,…

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David was great. He helped proved my innocence and won my case. He also helped me with my insurance issue. I will always keep his number by my side. I would reccomend him to anybody.

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Really knows his stuff! If you need a save call Dave. I'm glad I did. Handled all the paperwork for me and made things really simple and comfortable setting

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David Ellison was very understanding and compassionate. He kept in touch and was always up to date. If you're looking for honest great legal representation contact David Ellison!

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We had a great experience working with David Ellison. He was personable, flexible, easy to work with, competent, knowledgeable, responsive and trustworthy. We contacted him on a Friday about a traffic tribunal trial on Monday…

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"David Ellison and Allyson Quay are very knowledgeable and professional. They are a great to work with. Allyson helped me with my case and was able to obtain a great result! I am very happy…

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The most amazing lawyer I have ever had. He does an amazing job with amazing results. Extremely happy with the results. Extremely highly recommended by me. He is a man of his word and is…

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David went above and beyond helping to resolve the matter quickly. He got the best possible outcome and was kind and easily accessible throughout the whole process. I can not recommend him more highly!

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"David Ellison worked diligently to get me a great result for my case. I would recommend his services to friends or family if they should need legal representation. Despite the circumstances, he was a pleasure…

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David has represented me on a few things, and every time he has made me feel comfortable, safe, he reassured me that It was going to be okay. He is a great lawyer, I'm so…

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"just want to say i couldn't find any lawyers to actually take my case seriously, alyson was the only one that not only reached back out to me but also got me my license back…

- 10 out of 10 Recommend

David represented me when I got hit by a drunk driver. He went after the drunk driver and got my medical bills paid, money for my pain and suffering and compensation for the damage to…

- Highly Recommended

"We recently hired Attorney David Ellison to assist us with our son's motor vehicle case. After contacting him, he was extremely responsive and met with us very quickly. We were very impressed with Mr. Ellison…

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"I had a case where I was certain I was going to, at least, lose my license. Prepared for the worst, but with David's help, I got the best outcome possible and was able to…

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- Highly Recommend

"This particular case had no allowance to go bad. David expedited to trial where all charges were dropped in 15 minutes and the cases dismissed for both parties. Very professional, and to the point, like…

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"David is a great lawyer but more importantly a solid and genuine human being. He was effective, engaged, and honest throughout my entire case. He gave me sound, nuanced advice and kept me in the…

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"Great guy great lawyer will work with you financially and will get the result your looking for." Via Google

- Great Lawyer

"You get what you pay for and so much more. I was nervous, overwhelmed, and in uncharted territory. David called me personally within hours of inquiring online, and I immediately felt a sense of relief…

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"I was referred to Dave Ellison by a colleague and he is just the most kind, genuine, and knowledgeable lawyer I've had the pleasure of working with. He treats you like a good family member…

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"I hired Attorney David Ellison to represent me on a traffic violation. My license was at risk of suspension and he immediately recognized the impact this would have on me personally and professionally. I was…

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David represented me when I got hit by a drunk driver. He went after the drunk driver and got my medical bills paid, money for my pain and suffering and compensation for the damage to…

- Not a number, but a person

"Attorney David Elliison is top notch! He guided me through the process, told me what to expect and he did come through for me with great results! I would highly recommend." Via Google

- David is Top Notch

"David worked so hard on my case and really kept pushing for what I deserved! I can't thank him enough for always keeping me up to date and the great communication throughout this process. David…

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"Thank you attorney Allison and attorney David Ellison for their diligent work on my case. I had received a traffic violation in the State of RI and she kept me informed throughout the entire process.…

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"Attorney David Ellison was so helpful throughout the ENTIRE process of my traffic ticket case. He was so consoling and made everything understandable for me. Any questions or help that I needed even AFTER everything…

- David was Helpful Throughout the Entire Process

"I had the pleasure of being represented by Allyson Quay last month. What would normally have been a stressful experience was made much easier thanks to her assistance. She is confident, reassuring and very knowledgeable.…

- You’re in Good Hands!

"It was great working with David. He was able to get my ticket dismissed on the first try and he also saved me the trip of driving down! Highly recommended." - Cristian via Google

- It was Great Working with David

"I had a great experience in working with Allyson and she did her best to get things right, I would recommend her to get tickets handled in Rhode Island." Via Google

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"David Ellison handled my case with great professionalism and keen attention to detail. He took the time to explain the legal terms, options and possible outcomes I was facing. He made himself available at my…

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"David was so wonderful to work with. He did an amazing job helping us. Throughout the whole process, he was kind and patient and I felt like he really cared. I trusted him and I…

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After being wrongly accused of a crime (OUI Marijuana), Mr. Ellison was appointed to be my lawyer by a judge. He fought daily to prove my innocence in court, was always available to talk to…

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"I was recently represented by David Ellison law and attained a not guilty verdict. This was vital, as school (law) was just about to start for me as well as work, and if found guilty…

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"Attorney Ellison was exceptionally professional in handling my case, an expungement. I received a prompt response from his office, and he was courteous to me and delivered results that were satisfactory to the expectations I…

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"Very knowledgeable of his profession and receiving results. Dave helped me out on numerous occasions, good or bad he's knows and will protect your rights" Via Google

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"If you're reading these reviews, I'm sure you're nervous for what's to come (whatever that may be), and you may be thinking "can they even help me?", "can I even afford the help?". With David…

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Dave spent almost a year working with me to help resolve my case in my favor. From the start the outlook was rather grim, however Dave assured me that we had options, and we would…

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"I had the pleasure of being represented by David Ellison. He patiently and carefully listened to all the information related to my case. He explained everything to me in a way I could easily understand…

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David Ellison helped me get all legal documents together for my LLC. He was extremely time efficient and always friendly. I am very new to the small business world but he made everything super easy…

- Time Efficient & Friendly

"Best lawyer for traffic citations. He will do the most in his power and efforts to see you are much better off than going into battle alone. He is honest and didn't sell me a…

- The Best Lawyer for Traffic Citations: Highly Recommend

"David Ellison is one of the best attorneys I've met! Always prepared, professional and more than polite. If you need a save CALL DAVE! Ten out of ten!" Via Google

- David is Professional, Prepared and Polite

I cannot express my utmost gratitude and overall Appreciation to Allyson Quay of David Ellison law. I contacted a family lawyer who referred me to a former law school colleague. Unsure of whether or not…

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"David Ellison was great! He had a few appointments today and made sure to fit me in his schedule before hand. He made sure to go over everything with me so he knew what he…

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"Good people, professional service the best." Via Google

- The Best

"David is an amazing person. When I was 18 I was getting into my first real legal trouble, going to jail and what not. David was my court appointed attorney and I figured “I'm screwed…

- David Cares

"Allyson Quay is my attorney for life. I had a really tough situation that required alot of sorting out. Allyson fought like crazy, and I walked with a dismissal. I could not be happier. I…

- My Attorney for Life

"Highly highly recommend Attorney Ellison! He was overly prepared for my case, answered all of my questions and DELIVERED! He was fast, efficient and overall a pleasure to work with. Cares about his clients, rather…

- Cares About His Clients

"I am compelled to express my profound gratitude to attorneys Allyson Quay and David for their exceptional legal representation that resulted in the successful dismissal of my recent traffic court ticket. Their expertise, dedication, and…

- Exemplary Legal Representation: A Grateful Client’s Journey with Ellison Law’s Dedication, Expertise, and Compassion

Takes his job and his role in society very seriously and actually puts the work in for his clients and does not settle for less. He told me what he was going to do for…

- Takes His Job and Role in Society Very Seriously

"Allyson Quay at this firm was amazing. She took care of a traffic summons for us and it was painless. We live far from where the summons was given. She was speedy and efficient and…

- Efficient and Kind Legal Assistance

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225 Dyer St 2nd Floor
Providence, RI 02903

Office Locations

161 S main St
Fall River, MA 02721

Providence Office

225 Dyer St 2nd Floor
Providence, RI 02903

Fall River Office

161 S main St
Fall River, MA 02721

Phone: 401-230-5520

Fax: 401-867-2950

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