§ 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.
History of Section.P.L. 1974, ch. 118, § 11.
Structure Rhode Island General Laws
Chapter 12-12 - Indictments, Informations and Complaints
Section 12-12-1.1. - Capital or life offenses.
Section 12-12-1.2. - Felonies — Less than capital or life, penalty.
Section 12-12-1.3. - Lesser offenses, penalty.
Section 12-12-1.4. - Contents of indictments, informations and complaints.
Section 12-12-1.5. - Informations — Exhibits to be attached.
Section 12-12-1.6. - Defendant to receive copy of information.
Section 12-12-1.7. - Motion to dismiss information.
Section 12-12-1.8. - Hearing to determine probable cause.
Section 12-12-1.9. - Determining whether probable cause exists.
Section 12-12-1.10. - Dismissal of information — Effect.
Section 12-12-1.11. - “Indictment” construed.
Section 12-12-2. - Process in fictitious name or by description.
Section 12-12-3. - Formal defects in process not ground for abatement or quashing.
Section 12-12-4 - — 12-12-9. Repealed.
Section 12-12-10. - Variances of proof and immaterial mistakes.
Section 12-12-11. - Conditions not required to be negated in allegations.
Section 12-12-12. - Description of written instruments.
Section 12-12-13. - Allegations as to form of money.
Section 12-12-14. - Allegations as to statutory larceny.
Section 12-12-15. - Allegations in perjury indictments or informations.
Section 12-12-16. - Allegations as to property held jointly, in common, or by partners.
Section 12-12-17. - Statute of limitations.
Section 12-12-20. - Original and duplicates of charges to be filed.
Section 12-12-21. - “Designated assistants” defined.
Section 12-12-22. - Arraignments and pleas — Notices to aliens.