Getting arrested is one of the most stressful situations you can experience. Whether it’s a DUI, a misdemeanor, or a felony charge, how you respond in those early moments can shape the outcome of your case. If you’ve been arrested in Rhode Island, you have specific rights protected by state and federal law—and it’s important to understand them.
Here’s what you need to know to protect yourself, your record, and your future.
You Have the Right to Remain Silent
A will is a legal document that outlines:
This isn’t just a formality. Once you’re arrested, you are not legally required to answer any questions beyond providing your name and basic identification. Invoking your right to remain silent is one of the most important steps you can take to protect yourself.
You can simply say:
“I am exercising my right to remain silent. I want to speak to a lawyer.”
Do not explain your side of the story, try to clear things up, or answer any questions without an attorney present.
You Have the Right to an Attorney
Under the Sixth Amendment, you have the right to legal representation. If you cannot afford an attorney, the court will provide a public defender. However, if your charges are serious—or if your case could impact your career, license, or freedom—hiring an experienced Rhode Island criminal defense lawyer can make a significant difference.
A defense attorney will guide you through the process, help you avoid missteps, and protect your constitutional rights from day one.
Contact Almagno Law to schedule a confidential consultation.
You Must Be Informed of the Charges Against You
Within a short period after your arrest, you’ll be brought before a judge for arraignment. At this hearing, the charges against you will be formally presented. The court will also decide on bail or release conditions.
An attorney should be present at your arraignment to speak on your behalf and begin building your defense. Showing up alone or unprepared can result in less favorable conditions and early disadvantages in your case.
You Have the Right to Reasonable Bail
Bail is meant to ensure that you return to court—not to punish you before a trial. If the bail amount is unreasonable or unaffordable, your attorney can argue for a reduction or even request a release on personal recognizance, depending on the charges and your record.
At Almagno Law, we routinely advocate for fair bail terms in Rhode Island courts and provide immediate support after an arrest.
You Have the Right to Be Treated Lawfully
You are protected against excessive force and unlawful searches or seizures. If law enforcement violated your rights during or after the arrest—such as conducting a search without a warrant or using force without cause—that may become a key part of your defense.
Any evidence obtained illegally may be thrown out in court. Your lawyer will investigate these issues thoroughly and take action if any part of the arrest process was unconstitutional.
For more answers, visit our Frequently Asked Questions.
What Not to Do After an Arrest
Even with your rights in place, it’s just as important to understand what not to do:
- Do not resist arrest, argue, or escalate the situation
- Do not speak to the police without an attorney
- Do not share case details with friends, family, or online
- Do not sign anything or agree to searches without legal guidance
The wrong move—even if unintentional—can lead to additional charges or complications in your case.
Why Legal Representation Matters Immediately
The earlier you involve a criminal defense attorney, the more protection you have. At Almagno Law, we represent clients across Rhode Island who are facing charges for DUI, drug possession, assault, theft, and more. Our team moves quickly to intervene, secure your release, and start building a defense tailored to your situation.
We also handle DUI Defense and cases involving refusal to submit to chemical testing—common charges that can carry harsh penalties in Rhode Island.
If you’ve been arrested, don’t wait.
Contact Almagno Law today for trusted legal representation and fast answers.
Legal Disclaimer
This blog and the information contained on this website are for informational purposes only and do not constitute legal advice. Reading this blog does not create an attorney-client relationship with Almagno Law or any of its attorneys. If you need legal advice, please contact an attorney licensed to practice in your jurisdiction.
