CHARGE: Larceny, property valued over $1,500 (felony) | R.I. Gen. Laws § 11-41-1; § 11-41-5
Our client was charged with felony larceny, accused of taking property valued at more than $1,500. Under R.I. Gen. Laws § 11-41-5, that value is what makes the charge a felony in Rhode Island. A conviction would have meant a felony record that can follow a person through job applications, housing searches, and background checks for years.
Our client maintained their innocence and refused to take a plea. That is not an easy choice. A plea offers a known outcome, while a trial puts the result in the court’s hands. Attorney Stefanie Murphy stood behind our client, and together they decided to take the case to a felony trial in Superior Court.
At trial, the State called its witnesses and presented its evidence. Attorney Murphy challenged the State’s case and held the prosecution to its burden: proof of every element of the charge beyond a reasonable doubt, the highest standard in criminal law.
When the State finished presenting its evidence, the judge dismissed all charges. The case ended there. The defense never had to call a witness or present its own evidence, and our client left court with no conviction.
The result came from a shared decision. Our client trusted Attorney Murphy’s representation, and she was prepared to take the case to trial.
How Can a Judge Dismiss Charges in the Middle of a Trial in Rhode Island?
A Rhode Island judge can dismiss charges mid-trial when the State’s evidence falls short. In a jury-waived trial (one decided by a judge, not a jury), the defense may move to dismiss once the State rests, or finishes presenting its evidence, under Superior Court Criminal Rule 29(b). The judge then weighs the evidence and the witnesses’ credibility. If the evidence doesn’t prove guilt beyond a reasonable doubt, the case is dismissed.
If the motion is denied, the trial continues and the defense may present its own evidence. In a jury trial, the defense instead moves for a judgment of acquittal, and the judge views the evidence in the State’s favor without weighing credibility.
Does the Defense Have to Present Evidence at a Criminal Trial?
No. In a Rhode Island criminal trial, the State carries the entire burden of proving guilt beyond a reasonable doubt. A defendant does not have to testify, call witnesses, or offer any evidence. The Rhode Island Constitution presumes every accused person innocent and protects the right not to give self-incriminating evidence, as the Fifth Amendment does.
If the State’s evidence is not enough, the case can end before the defense says a word, as it did here.
Can the State Retry a Case After a Judge Dismisses It at Trial?
Generally, no. When a judge ends a trial because the State’s evidence is insufficient, the ruling counts as an acquittal. Double jeopardy, the constitutional bar on being tried twice for the same offense, then prevents a second prosecution. That protection is in R.I. Const. art. 1, § 7 and the Fifth Amendment. The U.S. Supreme Court has applied it to a judge’s mid-trial dismissal in a bench trial (Smalis v. Pennsylvania, 1986) and in jury trials (Smith v. Massachusetts, 2005; Evans v. Michigan, 2013).
What Should You Weigh Before Turning Down a Plea Offer in Rhode Island?
Turning down a plea offer means the case goes to trial, where no outcome is certain. Before you decide, go over these points with your lawyer:
How strong the State’s evidence is, witness by witness
Whether the State can prove the property’s value
The maximum penalty if you are convicted at trial
What the plea would mean for your record
Your own account of what happened
The decision belongs to you. Under Rhode Island Rule of Professional Conduct 1.2(a), a defense lawyer must follow the client’s decision on whether to plead, waive a jury, or testify, after advising the client. A lawyer’s job is to give you an honest read of the evidence so you can make that choice.
Charged With Felony Larceny in Rhode Island?
If you’ve been charged with felony larceny or another theft offense, talk with a Rhode Island criminal defense attorney before you respond to a plea offer. Attorney Murphy will review the State’s evidence with you and explain your options, including trial. Call our Providence office at (401) 269-3381 or contact us online to schedule a free consultation.
CASE RESULT: All charges dismissed at trial after the State rested. No conviction.
Practice area(s): Criminal Defense, Larceny / Theft
Court: County Superior Court
Prior results do not guarantee a similar outcome in future cases. Each case is evaluated on its own facts and circumstances. This post is for informational purposes only and does not constitute legal advice.
Stefanie A. Murphy
Stefanie A. Murphy, Esq.
Attorney Stefanie A. Murphy is a Rhode Island criminal defense attorney with over 20 years of experience defending clients in Rhode Island District Court, Superior Court, and the U.S. District Court for the District of Rhode Island. She serves as Editor and Co-Author of A Practical Guide to Trying DUI Cases in Rhode Island (MCLE New England, 2nd Ed. 2024) — the authoritative DUI trial manual used by prosecutors, defense attorneys, and judges throughout the state — and authored the chapter specifically covering chemical test refusal cases. A member of the National College for DUI Defense and a Super Lawyers selectee, Attorney Murphy was invited by the Rhode Island Municipal Police Training Academy to lecture incoming police recruits on DUI enforcement and chemical test refusal procedure. She has won dozens of refusal cases at the Rhode Island Traffic Tribunal, secured a not guilty verdict in a high-profile murder trial prosecuted by the Rhode Island Attorney General’s Office, and has been quoted repeatedly by Rhode Island Lawyers Weekly as an authority on DUI law and criminal procedure. She has been featured in more than ten Providence Journal articles covering criminal defense matters across Rhode Island.
