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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. Under46(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.

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, such as keeping the peace and remaining in 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.

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.

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, advocate 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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1000 Chapel View Blvd., Suite 260
Cranston, RI 02920

Office Locations

161 S main St
Fall River, MA 02721

Cranston Office

1000 Chapel View Blvd. Suite 260
Cranston, RI 02920

Fall River Office

161 S main St
Fall River, MA 02721

Phone: 401-230-5520

Fax: 401-867-2950

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