This is part 3 of 5 of a series of articles authored by Rhode Island divorce attorney and RI criminal lawyer concerning probation, bail violations and no contact orders.
When does a no contact order in Rhode Island (RI) expire?
A no contact order (NCO) in Rhode Island and Providence Plantations expires when a sentence of filing, probation, deferred or suspended has ended on its own terms. An NCO also ends if the criminal case is dismissed by the prosecution or the judge or the criminal accused is found to be not guilty by a judge or jury after a trial on the merits. The no contact order expires if the judge terminates the no contact order at the request of the victim. Be extremely careful, there could be another different RO from the Providence Family Court or a 6th Division District Court civil restraining order!
What are the implication if a criminal defendant on probation, bail, filing or a suspended sentence violates an NCO or restraining Order?
A defendant subjected to bail or probationary period needs be extremely cautious not to violate the NCO. A NCO violation is a separate crime. It also constitutes, if it can be proven, as a violation of probation, 1 year filing or a bail violation.
A person who violates their probation, bail or one year filing may be held at the ACI if he or she is arrested for violating a no-contact order, district Court abuse restraining order or RI family court abuse restraining order. For example, if a person is on probation or bail, a single phone call made by the defendant to a victim under the protection of a no contact order probably means a minimum of ten 10 days in jail at the ACI. A probationary period or filing period is a time of tremendous risk for a defendant and a defendant must be careful to stay out of trouble!
Accused must be vigilant
A criminal accused subject to a no contact order must be even careful if there is a Providence Family Court abuse order in effect A violation of a NCO order or a Family Court abuse RO is a violation of probation!
A defendant with a stayed, suspended, or deferred sentence has the most exposure concerning violation of the terms and conditions of probation. If a criminal defendant violates his probation as a result of violating a no contact order, a person with a suspended sentence could be ordered to serve the remainder of the suspended sentence at the adult correctional institution (ACI)
“Five state agencies accounted for about half of the adults under parole supervision on June 30, 2006: Departments of Corrections in California (125,067 adults on parole); Texas (101,175); and Illinois (33,354); and two independent agencies, New York (53,215) and Pennsylvania (24,956, excluding adults supervised by county parole offices). Half of parole supervising agencies had a role in releasing prisoners to parole, setting the conditions of supervision, or conducting revocation hearings. Up to 16% of at-risk parolees in some agencies were re-incarcerated for a failed drug test.” Bureau of Justice Statistics http://www.bjs.gov/index.cfm?ty=pbdetail&iid=1665
RI Attorneys legal Notice per RI Rules of Professional Responsibility:
The Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice.