Last week, the Rhode Island Supreme Court issued an order amended the Rhode Island District Court Rules of Criminal Procedure with respect to probation violations. The rule governing District Court probation violations, Rule 32F, was amended when the Supreme Court added the following language:
"No revocation shall occur unless the State establishes by a fair preponderance of the evidence that the defendant breached a condition of his/her probation or deferred sentence or failed to keep the peace or remain on good behavior." - Rhode Island District Court Rules of Criminal Procedure - Rule 32F
The language of the amended Rule 32F replaces the previous probation violation standard utilized by the Rhode Island District Court. The prior standard was proof to the Judge's "reasonable satisfaction." The amendment to the Rhode Island District Court Rules of Criminal Procedure follows in the wake of similar changes to the Superior Court Rules of Criminal Procedure. The Rules have been updated in an attempt to provide more guidance to the Judge's handling such violation hearings as well as to provide a more defined legal standard for violations for Defendant's, attorney's and Judge's.
If you or a loved one is alleged to have violated Rhode Island District Court Probation or is alleged to have violated the terms and conditions of a District Court Filing, we are here to help. In these cases, time is of the essence and it is essential that you contact us quickly so that we can begin to prepare the defense for your upcoming violation hearing.
With the new legal standard articulated by the Rhode Island Supreme Court, it is more important than ever to hire an experienced and skilled Rhode Island probation violation defense attorney to assist and represent you in court. Contact us at the Law Offices of Matthew T. Marin, Esq., Inc. today for a no obligation probation defense strategy session to discuss your situation and how we can assist you. We are available 24/7 at 401-228-8271 or by email at [email protected].