Court Advocacy Interns

Terminology Training Manual

The Advocacy WheelEmpowerment through Advocacy

Respect Confidentiality Believe Her and Validate Her

Experiences (or his) Acknowledge the Injustice Respect Her Autonomy (or his) Help Her Plan for Future Safety Promote Access to Community Services

Degrees of Crime in Rhode Island Petty Misdemeanors

Disorderly Conduct, Refusal to Relinquish, etc.

Misdemeanors Simple Assault, Vandalism, Trespassing, etc.

Felonies Breaking & Entering, Assault with a Deadly

Weapon, etc. Capitol Offenses

Murder, Robbery, Burglary, Rape, Arson, etc.

Restraining Orders

District Court Restraining Orders Dating or engagement relationship within the past

year Current cohabitants or those who have lived

together within the past 3 years Minor children in the custody of the plaintiff, but

unrelated to the defendant Sexual Assault

Family Court Restraining Orders Related by blood or marriage Formerly married Share a child in common Minor victims of sexual assault Minors involved in a dating relationship

Court Rules

23A District Court does not have jury trials. If a

defendant wishes to have the case heard before a jury, he or she can have a misdemeanor case transferred to the Superior Court through this rule.

32F Violation of probation

46G Violation of bail

48A Prosecution has dismissed the case

Misdemeanors

Arrest Arraignment Bail Pretrial Sentencing

Arraignment

Pleas Not Guilty Nolo Contendere

The defendant has decided not to contend or fight the accusation

Guilty

Bail

Personal Recognizance (PR) The defendant promises to appear for all court dates

and may agree to abide by certain provisions. A cash amount is set. If the defendant fails to appear or breaks a provision, then the defendant will owe the court that amount of money.

Surety Bail A judge will set this type of bail when there are

concerns about the defendant’s history or for more serious crimes. In order to be released, the defendant can offer a legal title to property worth the set amount, or post 10% of the set amount in cash.

Sentencing

Filing The court holds onto the case for a set amount of

time. If the defendant complies with the law and with the conditions of the filing, the case is expunged.

It is NOT a conviction Probation

Usually handed down when the defendant has committed two or more crimes or has committed a more serious offense. The defendant must regularly meet with his or her probation officer and comply with the conditions that had been set by the judge. After the probationary period ends, it will appear on a person’s record.

Sentencing Continued

Suspended Sentence Generally handed down when the defendant is a

repeat offender or has committed a serious offense. The defendant has been sentenced to jail but that sentence is suspended to give the defendant another chance to act in accordance with the law and whatever conditions have been set. If the defendant does not comply, he or she will go to jail. The defendant will be on probation for the period of time he or she would have been in prison, if the sentence had not been suspended.

This IS a conviction

Sentencing Continued

Home Confinement If the defendant meets certain guidelines, he or she

may be able to enter into the home confinement system instead of going to jail. The defendant will need to wear an electronic monitoring unit and remain in his or her home for the entire sentence.

This IS a conviction Jail

A defendant will be sentenced to jail if he or she is a repeat offender, did not comply with the conditions set forth in a previous sentence or has committed a serious offense.

This IS a conviction

No Contact Orders vs. Restraining Orders

No Contact Orders Restraining Orders

• Criminal• Result of an arrest• Protects the victim from any

and all contact from the defendant

• Arrestable if violated• Victim must make a motion

to vacate the order• Ends when the case ends, or

earlier if the victim decides to make a motion to vacate and it gets approved by the judge.

• Civil• Requested by victim• Protects the victim from any

and all contact from the defendant

• Arrestable if violated• Victim can vacate order at

any time• Can be granted for up to 3

years and can be renewed at victim’s request

• Can protect the victim’s minor children

• Can grant custody of minor children

• Can grant child support to the victim

• Can remove firearms from the defendant