Under Rhode Island law, any person charged with a felony complaint in District Court may have their charges dismissed or bail set if the case is not charged within six months. It is common practice that, if charges are not filed within this period, an attorney representing the defendant will file a motion to dismiss. In most cases, this motion will be granted, and the defendant will be released from any bail or conditions. While this may seem like a good option, it can sometimes backfire.

When the prosecution receives notice of a motion to dismiss, they often rush to inform their superiors, who may then take action to prevent the dismissal. This may include filing an information or presenting the case to the grand jury. As a result, the case may be charged in Superior Court, and the defendant could end up facing a felony charge there.

Though filing a motion to dismiss for failure to prosecute can offer certain benefits, it is important to understand that even if the case is dismissed, the state may still have plenty of time to charge the defendant. For most cases, the statute of limitations is three years, and for certain sex crimes, it may extend to life. Therefore, having the case dismissed after six months might not provide much relief if the state eventually decides to press charges.

In some cases, the defendant or their attorney filing a motion to dismiss could inadvertently prompt the prosecution to move forward with the case. Additionally, many cases are never charged if they are not promptly reviewed. In situations where evidence is lost or not properly processed by the police or the Attorney General's office, waiting until the statute of limitations expires can be a more strategic move.

While no one wants to be out on bail or have a pending case on their record, sometimes it's better to let things sit. This is particularly true for defendants who do not have a strong defense. The longer it takes for the state to charge the case, the better it may be for the defendant, as long as they stay out of trouble. If a defendant has been on bail for a long period without further legal issues, a defense attorney is in a stronger position to argue for reduced charges or a sentence less severe than jail time.

Waiting for the case to be charged can also provide a defendant with an opportunity to improve their life. During this waiting period, they may be able to find a good job or return to school. A skilled defense attorney can use these positive changes to argue that the defendant has turned their life around and should not be punished for actions they've already moved beyond due to the state's delays.

Before deciding to file a motion to dismiss, it is important to consider the long-term consequences. Winning the overall case is more important than winning a single battle. Some attorneys may file these motions quickly for a fee, but an attorney who truly cares about the defendant's best interests will have an in-depth conversation with them before recommending such a move. In some situations, filing the motion is the best course of action, but it can also have serious consequences.

Always consult with your attorney before filing a motion to dismiss based on lack of prosecution, as they can provide you with guidance on the potential long-term implications.

In Rhode Island, the statute of limitations for criminal cases varies depending on the type of crime. Here are the general time limits for filing criminal charges:

Statute of Limitations.

Most Felony Crimes: For most felonies, the statute of limitations is 3 years from the date the crime was committed.
Sex Crimes: Child moselations (first and second degree) have no statute of limitation.
Murder: There is no statute of limitations for murder. This means that charges can be brought at any time, regardless of how much time has passed since the crime.
Misdemeanors: For most misdemeanors, the statute of limitations is 3 years from the date the crime was committed.

Here are some of the key crimes with a 10-year statute of limitations, for these crimes, the prosecution has 10 years from the date the offense was committed to file charges. 

Larceny (theft)

Receiving Stolen Goods

Embezzlement and Fraudulent Conversion

Obtaining a Signature by False Pretenses

Perjury

Bank Fraud

Residential Mortgage Fraud

It's important to note that the statute of limitations can sometimes be tolled (paused) for certain reasons, such as if the defendant is out of state or if the victim was a minor at the time of the offense.

If you have a specific case in mind, consult with a top attorney to understand how the statute of limitations may apply to that particular situation.