R.I. Dist. R. Crim. P. 9

As amended through June 7, 2024
Rule 9 - Proceedings before a district judge
(a) Appearance Before a District Judge. Unless otherwise provided by statute, an officer making an arrest under a warrant issued upon a complaint shall take the arrested person without unnecessary delay before a judge of the District Court as commanded in the warrant. Any person making an arrest without a warrant shall take the arrested person without unnecessary delay before a judge of the District Court for the division in which the arrest was made or in which the crime was committed. When a person arrested without a warrant is brought before a judge, a complaint shall be filed forthwith. Whenever an arrest shall be made, the arrested person shall be afforded a prompt hearing for the purpose of admission to bail before a judge of the District Court or an officer authorized to bail persons; if the arrest is made pursuant to warrant and the amount of bail has been endorsed on the warrant, the person shall also be entitled to be taken promptly before an officer authorized to accept bail.
(b) Statement by the Judge. The judge before whom the defendant is brought or before whom the defendant appears pursuant to summons shall inform the defendant of the complaint against the defendant and of any affidavit filed therewith and of the defendant's right to retain counsel. The judge shall also inform the defendant that the defendant is not required to make a statement and that any statement made by the defendant may be used against him or her. The judge shall allow the defendant reasonable time and opportunity to consult counsel and shall admit the defendant to bail as provided in these rules. If the offense charged is punishable by imprisonment for a term of more than six (6) months the judge shall inform the defendant (i) that the defendant has a right to request the assignment of counsel if the defendant is unable to obtain counsel and (ii) that the defendant has a right to trial by jury in the first instance but, in the event the defendant chooses to waive that right and to stand trial in the District Court without a jury and is found guilty, the defendant is entitled to appeal that judgment to the Superior Court where the defendant will receive a trial de novo before a jury.

R.I. Dist. R. Crim. P. 9