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Everything you need to know about 46G Bail Violation

Writer's picture: Brianna C. Repetto, Esq.Brianna C. Repetto, Esq.

46(g) Bail Violation Attorney


If you are released on bail in the State of Rhode Island, you are required to comply with any and all bail conditions set by the Court. If you do not comply with your bail conditions, the State can file a bail violation against you. This is often referred to as a “46(g) violation”. The State must serve you with both notice of the 46(g) violation and grounds supporting the violation.


Under Rule 46(g) of the Rhode Island Rules of Criminal Procedure, if there is a breach of your bail conditions, the Court – upon motion of the attorney for the State – shall declare a forfeiture of the bail.


You are then entitled to a hearing before a judge or magistrate who must make a determination as to whether or not the conditions of your bail have been violated. If a 46(g) violation is determined, prison time may result. Violation of a special condition (e.g., failure to abide by a no contact order, counseling order, domestic violence classes, drug or alcohol screens, etc.) is referred to as a technical violation.


Bail violation options


Upon receiving notice of the violation, you have two options: you can (1) admit to the violation/that you did not keep the peace and remain of good behavior or (2) elect to proceed to a full hearing on the issue.


The prosecutor usually offers some sort of incentive to resolve the case and violation and avoid proceeding to a hearing (e.g., if your violation is the result of a new arrest, the State may promise to dismiss or withdraw the violation with no time to serve if you plead guilty to the underlying crime). Otherwise, you could serve up to ninety (90) days at the ACI on the violation


If you elect to proceed to a full hearing, you are entitled to cross examine the State’s witnesses and present evidence on your own behalf. However, it is important to keep in mind that the burden of proof is much lower, meaning the State must prove by a preponderance of the evidence — which means more likely than not — that you failed to keep the peace and remain of good behavior.


Bail violation consequences


If this preponderance of the evidence standard is satisfied, a judge or magistrate may sentence you to a maximum of ninety (90) days in prison.


Another consequence to consider is additional jail time if eventually convicted of both the new offense and the original offense the case bail was set for. Rhode Island General Laws § 12-13-1.2 (Penalty for an offense committed while on release) provides:


Every person who commits a criminal offense while released on personal recognizance or bail pursuant to this chapter shall, if convicted of both offenses, be sentenced, in addition to the sentences prescribed, to:


(1) A term of imprisonment of not less than two (2) years and not more than ten (10) years, a fine of not more than five thousand dollars ($5,000), or both, if the offense is a felony; or


(2) A term of imprisonment of not less than ninety (90) days and not more than one year, a fine of not more than one thousand dollars ($1,000), or both, if the offense is a misdemeanor.



If you are facing a bail violation in Rhode Island, it is important to have a criminal defense attorney on your side to help you clear your violation. Call (401) 336-6780 today for your FREE consultation!

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1 Comment


Ellison Williams
Ellison Williams
Dec 31, 2024

This article provides a comprehensive explanation of 46G bail violations, detailing the legal consequences and steps to take if accused. It’s a valuable resource for understanding this specific legal issue. Bail Bonds California

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