Rhode Island § 12-12-1.10 § 12-12-1.10. Dismissal of information — Effect.

Rhode Island Statutes

§ 12-12-1.10 — § 12-12-1.10. Dismissal of information — Effect.

Rhode Island § 12-12-1.10

Title 12Criminal Procedure

Ch. 12-12Indictments, Informations and Complaints

This text of Rhode Island § 12-12-1.10 (§ 12-12-1.10. Dismissal of information — Effect.) is published on Counsel Stack Legal Research, covering Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

R.I. Gen. Laws § 12-12-1.10 (2026).

Text

§ 12-12-1.10. Dismissal of information — Effect.
If the court dismisses the information on the ground that the state has not demonstrated
            the existence of probable cause to believe that the offense charged has been committed
            or that defendant committed it the state may not after 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 of mistake, inadvertence, surprise,
            excusable neglect, the discovery of new evidence which by due diligence could not
        

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§ 12-12-1.10. Dismissal of information — Effect.

If the court dismisses the information on the ground that the state has not demonstrated the existence of probable cause to believe that the offense charged has been committed or that defendant committed it the state may not after 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 of mistake, inadvertence, surprise, excusable neglect, the discovery of new evidence which by due diligence could not have been discovered at the time the hearing on probable cause was held, or any other reason justifying the relief, enters an order permitting the state to proceed against the defendant for the same offense.