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Court
Advocacy
If you are in need of assistance during
the court process and your case is being processed in the
6th District Court, Providence RI, please contact: Senior
Court Advocate, Carmen
Gonzalez - 401.861.2761, ext. 146
GLOSSARY OF TERMS
Appeal: to take the decision of a lower court to
a higher court for review
Defendant: the person charged with a criminal offense
Filing: the case is set aside for one year. If the
defendant stays out of trouble with the law, the case will
be destroyed.
NOLO: a plea of "no contest", admitting
to the charges and accepting the sentence
Plead: to admit or deny the charges against you
Probation: the defendant has a certain amount of
time to obey the terms of probation and be supervised by
a probation officer. If he/she goes against any term of
the probation, he/she will be arrested for violating the
terms of the probation.
Subpoena: a court order which informs someone that
he/she must come to court and testify.
Suspended Sentence: the defendant has a certain
amount of time hanging over his/her head. For the amount
of time suspended, the defendant must stay out of trouble
with the law. If the defendant commits a new crime, he/she
will face the consequence of possible jail time.
COMMONLY ASKED QUESTIONS
How do I know when I have to come to court?
If the defendant, the person charged with a crime, pleads
"guilty" or "NOLO" you will not have
to appear in court. If he/she pleads "not guilty",
the judge will set pre-trial and trial dates. Your court
advocate will call you and send you a letter telling you
what these dates are. You should be present at both the
pretrial and trial.
What is a "Court Advocate"?
A court advocate is a person who will help you through the
legal process. He/She will be present at the arraignment,
pretrial and trial. You can speak to him/him about the case
and ask him/her questions. He/She can speak to the judge
on your behalf, or you can tell the judge what you want
to happen with the case yourself.
How can I find my Court Advocate when I go to court?
Your advocate will find you. He/She will come in the courtroom
and call your name. You will have the opportunity to speak
with him/her.
What if I cannot come to the pretrial or trial?
Your presence at the pretrial is very important so that
your advocate can represent your wishes. You should also
be there so the judge will see that you are interested in
what happens with the case. If you are absolutely unable
to go, the advocate will does his/her best to represent
your wishes and will contact you after the pretrial to tell
you what happened. It is important for you to attend the
trial and be a part of the court process. If you don not
appear, the case may be dismissed because you are a key
witness whose testimony is often required. Usually you will
have been issued a subpoena, which says that you must appear
and testify. If you do not appear after receiving a subpoena,
a warrant may be issued for your arrest. If you know in
advance that you will be unable to come, contact your court
advocate.
What if I do not want to testify?
Domestic violence is a crime in Rhode Island and the defendant
has broken the laws of the state. The state is prosecuting
the defendant and you are the key witness. Therefore, your
testimony is therefore required.
What if I want to drop the case?
Again, because the defendant has broken the laws of Rhode
Island, it is the state, not you, that is prosecuting the
defendant. Therefore you cannot drop the case. You can,
however, play a role in determining what happens in the
court process.
What is a no-contact order?
A no-contact order is an order that says that the defendant
cannot have any contact with you. He/she may not see you,
call you, write you, or have anyone else contact you for
them. If the defendant does any of these things he/she can
be arrested; contact your local police department immediately.
How do I get a no-contact order?
The no-contact order is issued at the arraignment and is
immediately in effect. It is a slip of paper your advocate
will send you. If you lose or do not receive the no-contact
order, call your advocate and make an appointment to see
him/her. Even if you have a no-contact order you can, and
should, obtain a restraining order.
What is a restraining order?
Restraining orders are an important way to protect yourself
from your abuser. You can get them at any time, whether
or not he/she is on trial or has been arrested. A restraining
order can be written according to your needs. For example,
a restraining order can order the abuser not to contact
you or assault you, to leave your house, and/or limit the
contact he/she may have with your children. Temporary child
custody and financial support may be established in a restraining
order.
How can I get a restraining order?
There is a restraining order office in the courthouse -
Room 217 on the 2nd floor. A court officer will give a copy
of the restraining order to your abuser and the court date
that he/she must attend. The restraining order will be good
for 21 days.
After 21 days you will attend a hearing. If you want your
court ordered protection to last longer than 21 days, you
must attend this second hearing. Your abuser may also be
there, so you may not want to be alone. If you do not attend
this hearing, the court ordered protection would be lifted.
If your abuser comes to the second hearing with an attorney,
we recommend that you request a continuance so that you
may get an attorney as well.
If you need a restraining order over the weekend, call
your local police department for an emergency temporary
restraining order. To have it extended past the weekend,
you must go to the restraining order office on the next
business day. If your abuser violates the restraining order,
call the police and he/she will be arrested.
When and why does a case go to Superior Court?
District Court handles all misdemeanor cases, while the
Superior Court handles all felony cases. This means that
your case can go to Superior Court if it is a more serious
offense - for example it is not the defendant's first offense
or if a weapon was used. The defendant or his/her attorney
can also request that his/her case be transferred with good
cause to Superior Court for a trial.
What if the defendant has a drug problem?
Alcohol and drug counseling is available in addition to
domestic violence counseling. You can tell the judge (or
you can ask your advocate to tell the judge) that you feel
the defendant needs alcohol and/or drug counseling.
What if the defendant needs me? What if he/she has nowhere
else to live?
There are resources and people available to help you think
through your options and decide what to do. There are also
many shelters and services that are available to the defendant
that his/her attorney can assist him/her in finding. First
and foremost, you have a right to lead a life free from
violence.
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