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RHODE ISLAND CRIMINAL DEFENSE
A Practice Manual, 4th Edition
© John E. MacDonald
Purpose and Scope
This manual contains a summary of the important cases touching upon every major procedural facet of criminal defense representation. This edition also includes an immigration section that discusses the responsibilities of counsel and the immigration consequences of selected Rhode Island statutes. A CD containing the entire manual in PDF format is available in the back pocket.
Acknowledgments
The first edition of this manual began in 1997 as an effort to summarize and understand the cases I needed to know as a young Public Defender in order to effectively represent my clients. I began with a stack of cases and materials I received from the office veterans and worked from there. This manual is dedicated to the trial and appellate attorneys of the Rhode Island Public Defender’s Office. They remain the vanguard of zealous criminal defense representation in this state.
Table of Contents
CONFRONTATION (Crawford v. Washington)
MOTION FOR JUDGEMENT OF ACQUITTAL
ALLEN CHARGES
Objections as to Form
Objections as to Answer
MOTION FOR NEW TRIAL
SENTENCING
Sentencing Factors
Consecutive Sentences
Habitual Offenders
Motion to Reduce Sentence
Proportionality
Sentence and Appeal from District Court
BAIL: GUIDELINES, HEARINGS AND REVOCATION
Bail Guidelines
Primary Purpose of Bail
Discretion to Set Bail
Review of Decision
Right to Speedy Hearing
Evidentiary Standard
Post-Conviction Bail
Bail Violation Hearing
Rule 32(f)
Notice
Time Limitations
Assistance of Counsel
Presence of Defendant
Discovery
Exculpatory Evidence Doctrine
Standard of Proof
Immunity
Exclusionary Rule
Hearsay Evidence
Sentencing
Appellate Review
Collateral Estoppel
Counsel’s Duty to Advise
Recommended Actions
Selected Statutes and Immigration Consequences
Call the Attorneys at The Law Offices of John E. MacDonald, Inc. at 401.421.1440 or EMAIL us today.
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