COURT ADVOCACY INTERNS Terminology Training Manual

The Advocacy Wheel Empowerment through Advocacy  Respect Confidentiality  Believe Her and Validate Her Experiences (or his)  Acknowledge the Injustice  Respect Her Autonomy (or his)  Help Her Plan for Future Safety  Promote Access to Community Services

Degrees of Crime in Rhode Island  Petty Misdemeanors  Disorderly Conduct, Refusal to Relinquish, etc.  Misdemeanors  Simple Assault, Vandalism, Trespassing, etc.  Felonies  Breaking & Entering, Assault with a Deadly Weapon, etc.  Capitol Offenses  Murder, Robbery, Burglary, Rape, Arson, etc.

Restraining Orders  District Court Restraining Orders  Dating or engagement relationship within the past year  Current cohabitants or those who have lived together within the past 3 years  Minor children in the custody of the plaintiff, but unrelated to the defendant  Sexual Assault  Family Court Restraining Orders  Related by blood or marriage  Formerly married  Share a child in common  Minor victims of sexual assault  Minors involved in a dating relationship

Court Rules  23A  District Court does not have jury trials. If a defendant wishes to have the case heard before a jury, he or she can have a misdemeanor case transferred to the Superior Court through this rule.  32F  Violation of probation  46G  Violation of bail  48A  Prosecution has dismissed the case

Misdemeanors  Arrest  Arraignment  Bail  Pretrial  Sentencing

Arraignment  Pleas  Not Guilty  Nolo Contendere The defendant has decided not to contend or fight the accusation  Guilty

Bail  Personal Recognizance (PR)  The defendant promises to appear for all court dates and may agree to abide by certain provisions. A cash amount is set. If the defendant fails to appear or breaks a provision, then the defendant will owe the court that amount of money.  Surety Bail  A judge will set this type of bail when there are concerns about the defendant’s history or for more serious crimes. In order to be released, the defendant can offer a legal title to property worth the set amount, or post 10% of the set amount in cash.

Sentencing  Filing  The court holds onto the case for a set amount of time. If the defendant complies with the law and with the conditions of the filing, the case is expunged.  It is NOT a conviction  Probation  Usually handed down when the defendant has committed two or more crimes or has committed a more serious offense. The defendant must regularly meet with his or her probation officer and comply with the conditions that had been set by the judge. After the probationary period ends, it will appear on a person’s record.

Sentencing Continued  Suspended Sentence  Generally handed down when the defendant is a repeat offender or has committed a serious offense. The defendant has been sentenced to jail but that sentence is suspended to give the defendant another chance to act in accordance with the law and whatever conditions have been set. If the defendant does not comply, he or she will go to jail. The defendant will be on probation for the period of time he or she would have been in prison, if the sentence had not been suspended.  This IS a conviction

Sentencing Continued  Home Confinement  If the defendant meets certain guidelines, he or she may be able to enter into the home confinement system instead of going to jail. The defendant will need to wear an electronic monitoring unit and remain in his or her home for the entire sentence.  This IS a conviction  Jail  A defendant will be sentenced to jail if he or she is a repeat offender, did not comply with the conditions set forth in a previous sentence or has committed a serious offense.  This IS a conviction

No Contact Orders vs. Restraining Orders No Contact OrdersRestraining Orders Criminal Result of an arrest Protects the victim from any and all contact from the defendant Arrestable if violated Victim must make a motion to vacate the order Ends when the case ends, or earlier if the victim decides to make a motion to vacate and it gets approved by the judge. Civil Requested by victim Protects the victim from any and all contact from the defendant Arrestable if violated Victim can vacate order at any time Can be granted for up to 3 years and can be renewed at victim’s request Can protect the victim’s minor children Can grant custody of minor children Can grant child support to the victim Can remove firearms from the defendant