Arrested in Rhode Island – Part 1

When can you be arrested in Rhode Island?

You can be arrested in Rhode Island for various reasons.  First, if an officer has reasonable grounds to believe you’ve committed a crime, he or she can arrest you.  Typically this involves the officer witnessing the criminal offense or it being reported to them while the crime is still ongoing or soon thereafter. Second, a judge may issue an arrest warrant.  An arrest warrant may be issued when the police present information to a judge and the judge finds probable cause that an individual has committed a particular crime.  Lastly, a judge may issue a bench warrant if you have failed to appear for a court appearance.

When I’m being arrested, what if I resist?
Rhode Island law limits the force that police can use in arresting you.  That is, police cannot use greater force than is necessary to complete the arrest.  However, the right to use force does not extend to the person being arrested.  Even if you believe the police are violating your rights or acting with excessive force, it is illegal for you to fight back.  It is a separate criminal charge if you resist arrest (see RI Gen. Law 12-7-10 — Resisting Arrest).  That is a crime punishable by up to one year in prison and/or a $500 fine.

If you’ve been arrested in Rhode Island, you should speak with an experienced criminal defense lawyer immediately. Call us today!