(a)  If a city or town elects to prosecute a defendant with an offense that is punishable by imprisonment in any court created under the authority of this chapter, the court shall advise the defendant of his or her right to be represented by counsel and, if the defendant is indigent, the court shall assign counsel to represent the defendant at every stage of the proceeding. The right to counsel may be waived through a knowing, intelligent, and voluntary waiver, in writing and duly executed on the record in open court.

Terms Used In Rhode Island General Laws 45-2-65

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9

(b)  No defendant may be ordered detained at the adult correctional institution for violation of a court order entered as a result of an adjudication that is not punishable by imprisonment in the first instance.

History of Section.
P.L. 2017, ch. 77, § 1; P.L. 2017, ch. 87, § 1.