§ 12-12-1.10 - Dismissal of information – Effect. - Rhode-island Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-12 > Chapter-12-12 > 12-12-1-10

SECTION 12-12-1.10

§ 12-12-1.10 Dismissal of information– Effect. – If the court dismisses the information on the ground that the state has notdemonstrated the existence of probable cause to believe that the offensecharged has been committed or that defendant committed it the state may notafter dismissal proceed against the defendant for the same offense, unless:

(1) On appeal the order of dismissal is reversed; or

(2) The court, upon motion of the state and a finding ofmistake, inadvertence, surprise, excusable neglect, the discovery of newevidence which by due diligence could not have been discovered at the time thehearing on probable cause was held, or any other reason justifying the relief,enters an order permitting the state to proceed against the defendant for thesame offense.

State Codes and Statutes

Statutes > Rhode-island > Title-12 > Chapter-12-12 > 12-12-1-10

SECTION 12-12-1.10

§ 12-12-1.10 Dismissal of information– Effect. – If the court dismisses the information on the ground that the state has notdemonstrated the existence of probable cause to believe that the offensecharged has been committed or that defendant committed it the state may notafter dismissal proceed against the defendant for the same offense, unless:

(1) On appeal the order of dismissal is reversed; or

(2) The court, upon motion of the state and a finding ofmistake, inadvertence, surprise, excusable neglect, the discovery of newevidence which by due diligence could not have been discovered at the time thehearing on probable cause was held, or any other reason justifying the relief,enters an order permitting the state to proceed against the defendant for thesame offense.

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Rhode-island > Title-12 > Chapter-12-12 > 12-12-1-10

SECTION 12-12-1.10

§ 12-12-1.10 Dismissal of information– Effect. – If the court dismisses the information on the ground that the state has notdemonstrated the existence of probable cause to believe that the offensecharged has been committed or that defendant committed it the state may notafter dismissal proceed against the defendant for the same offense, unless:

(1) On appeal the order of dismissal is reversed; or

(2) The court, upon motion of the state and a finding ofmistake, inadvertence, surprise, excusable neglect, the discovery of newevidence which by due diligence could not have been discovered at the time thehearing on probable cause was held, or any other reason justifying the relief,enters an order permitting the state to proceed against the defendant for thesame offense.