After a police stop in Rhode Island: Family Court, waiver, certification, and your record

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A 16-year-old is stopped by Providence police near Kennedy Plaza after a fight at a bus stop. If a charge follows, it does not go to the adult court downtown. In Rhode Island, a 'child' in court means anyone under 18, and the Rhode Island Family Court handles delinquency cases (cases about acts that would be crimes if an adult did them). This article explains how that court works, when a case can be treated more like an adult case, and what happens to the record.

Family Court comes first, and you have a right to a lawyer

Rhode Island law gives the Family Court exclusive original jurisdiction (the only court that can hear the case at the start) over a delinquent child. Before any hearing, the judge must tell the parent or guardian that if they cannot afford a lawyer, they are entitled to the public defender.

That rule rests on In re Gault (1967). The U.S. Supreme Court held that when a juvenile case could end with a young person locked up, the child and parents must be told the child has a right to a lawyer, and one will be appointed if they cannot pay. During a stop, you can stay calm, keep your hands visible, and say you want to talk to a lawyer and a parent before answering questions. We did not find a Rhode Island statute that requires police to call a parent before questioning, so do not count on it happening on its own.

Waiver and certification: two ways a case gets heavier

Only the Rhode Island attorney general can start either process, by filing a motion within 30 days of arraignment (the first court date where charges are read). A waiver hearing, which can send the case to adult court, is possible for a child of any age charged with an offense punishable by life in prison, or a child 16 or older charged with a felony.

Certification is different. A child of any age charged with a felony can face a certification hearing. A certified child stays in Family Court but gets a jury trial, and if convicted can be sentenced past age 19, serving the years under 18 at the state training school for youth and the rest in adult prison.

What happens to the record

In Rhode Island, police records about a juvenile's arrest are kept separate from adult arrest records and withheld from the public. A parent, guardian, or the juvenile's lawyer can see and copy them. There is one big exception: the identity of a young person who is waived, or who is certified and convicted, is made public.

A Family Court finding is not a criminal conviction under state law, and it cannot be used against you in another court or to disqualify you from a civil service job. But a finding based on a felony-level act can be shared with the attorney general for sentencing in a later case. We could not confirm a simple, general process for sealing a juvenile record, so ask your lawyer about it when the case ends.

Where to get help in Rhode Island

重要

If a young person is charged and the family cannot afford a lawyer, ask the Family Court judge for the public defender at the first hearing. State law says the judge must offer it, and the Rhode Island Office of the Public Defender appears when the court asks. Write down the officer's name, the time, and the place of the stop as soon as you can.

Curfews are a separate question. We did not find a statewide youth curfew in Rhode Island's Family Court law, so check your own city or town's ordinances, since that is where a curfew rule would be.

请记住

In Rhode Island, anyone under 18 is a child in court, and delinquency cases start in Family Court.
The attorney general must ask for waiver or certification within 30 days of arraignment; it is not automatic.
Juvenile police records are kept apart from adult records and are not open to the public.
If your family cannot pay for a lawyer, ask the Family Court judge for the public defender.

资料来源

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